my dad. so yeah, it was a great time. hey, we're starting to see more fog around the bay area this morning, moving further onshore some good news for those folks fighting the fire near mount diablo. well, looks like the temperatures outside in the 50s and the 60s now. we'll talk about it coming up. >> we have a dense fog advisory issued. and we have road closures around mount diablo state park because of the fire so we'll break those down for you as well coming up. >> had the wipers going this morning. >> yeah. >> a little misty. >> thank you. mount diablo state park is closed right now because of fire. hundreds of firefighters are on the job. flames have now reached the peak of the mountain chewing through more than 3700 acres. it's only 20% contained right now. and people in as many as 100 homes around the outskirts of clayton remain evacuated. the fire started sunday afternoon on morgan territory road southeast of mount diablo

state park. cal fire bringing in the big gun here at this dc-10 swooped low over the fire zone to make several passes dropping retardant on the flames below. cal fire is also using other air tankers, three helicopters pouring water on the flames. and if you probably have seen around the bay area, the fire is filling the skies with smoke. that's not fog you're looking at there. this view from chopper 5 showing the smoke for miles. linda yee on the bad air and changes in daily routines. reporter: a smoky brown haze settled over parts of contra costa and alameda counties. some said it was enough to drive them indoors. >> you could just notice it from in blackhawk the smoke coming over and we started smelling it so went inside. >> reporter: the air quality district issued a smoke advisory. the pollution levels moderate. but for the dublin school district it was enough to cancel p.e. and lunch outdoors.

>> i have asthma so it was getting to me a little bit. but as the day progressed it was fading. >> reporter: dublin high school's running team jogged inside the gym and the football team practiced indoors. >> we did most of the mental stuff. hopefully tomorrow we can go out and play football. >> reporter: did the smoke or haze affect you >> no, i smelled it throughout the day. kind of like that earthy choppy smell. >> linda yee, kpix 5. >> and you can find the very latest information on the mount diablo fire and video, go to our website, kpix.com. new this morning, a fire forces evacuations from an apartment building in berkeley and we have an unconfirmed report that a coroner is on the scene. we believe that all but one person got out safely from the building on oregon street. we'll have more information as we get it during our newscast. san jose is closing alum

rock park today because of extreme fire danger. the city's largest park is typically closed a few days each year when weather conditions are hot, dry and windy. rugged terrain in parts of the park would make evacuations difficult in the event of a wildfire. city officials will decide today whether to keep alum rock closed tomorrow. that massive wildfire in and around yosemite national park is now burning for the 25th day. the cost of fighting that fire is now passing $100 million. the "rim" fire has burned more than a quarter million acres, third largest wildfire on record here in california. it's destroyed 11 homes and about 100 outbuildings. containment is at 80%. we have dramatic new video from the newest wildfire in northern california. at least 20 buildings have been destroyed by the clover fire. hundreds of other buildings are threatened. it started yesterday in the happy valley area. it's a little south of redding in northern california. already, it's burned nearly

7000 acres. that fire only 5% contained. france is about to float a resolution on syria in the u.n. security council and there's hope this time russia and china won't block it. it would force syria to make its chemical weapons program public, place it under international control, and dismantle it. this comes after russia expressed support for the proposal and urged syria to go along. the syria debate is drumming up more strong emotions in the bay area. >> i have found this particular issue with syria a very difficult one, a gut-wrenching one. >> this demonstration was held outside minority leader nancy pelosi's office in san francisco. pelosi is in favor of military action in syria. this event was part of a national campaign to urge politicians to avoid another war. but we could be on the brink of a breakthrough as kpix 5's christin ayers tells us. john kerry may have stumbled on to a resolution with a single off the cuff remark.

>> is there anything at this point that his government could do or offer that would stop an attack? >> uhm, sure. he could turn over every, single built of his chemical weapons to the international community in the next week, turn it over. >> reporter: and then to everyone's surprise, syria said okay, it will. after that, president obama told "cbs evening news" anchor scott pelley -- >> it is a potentially positive development. i don't think that we would have gotten to the point where they even put something out there publicly had it not been -- and -- and -- if it doesn't continue to be a credible, uhm, military threat from the united states. >> reporter: syrian president bashar assad told "cbs this morning" cohost charlie rose that if the u.s. attacks, there could be retaliation. >> should expect everything, not necessarily through the government. we have different parties,

different factions. >> reporter: president obama says he doesn't take that as a credible threat because syria doesn't have the capacity to carry out a significant attack. >> some of his allies like iran has the capacity to engage in asymmetrical strikes against us. our intelligence is clear they would not try to escalate a war with us. >> reporter: president obama still wants congress to authorize the use of force but the public is not with him. a new cbs news-"new york times" poll shows 61% of americans oppose the idea of military strikes. only 30% are in favor. in the newsroom, christin ayers, kpix 5. >> the president will make his case to the nation in a televised address tonight. kpix 5 will broadcast the speech live starting at 6:00. negotiations between bart and its two largest unions scheduled to continue today and thursday in oakland. talks resumed yesterday. today is the halfway point of that 60-day cooling-off period that governor brown ordered to

avert a strike. the transit system shut down for 4.5 days in july when workers went on strike. this afternoon in washington there is a hearing called conflicts between state and federal marijuana laws between the senate judiciary committee on the heels of a justice department directive for federal officials to ease up on antipot efforts in states that allow its use. meanwhile a marijuana advocacy group says it will work to end "prohibition" in california and nine other states by 2017. a big day for apple. the big announcement. an invitation event this morning at the company's cupertino headquarters. apple groupies hope for something revolution any like a watch or tv but there will probably be two new iphones, one with a faster processor and the other a lower cost model in multiple colors. we'll find out today.

florida police say george zimmerman's estranged wife is changing her story so they won't be filing domestic violence charges against him. shelley zimmerman called 911 accusing her estranged husband of punching her father. >> no, he's in his car and he continually has his hand on his gun and he is saying step closer. he is just threatening all of us. >> step closer and one. >> -- and fire on. >> police briefly detained george zimmerman for questioning. hours later mrs. zimmerman changed her story saying she never sa a gun. governor brown is up against an end of the year deadline to reduce california's prison population so he made a play for time. brown struck a deal with the legislators to invest millions on inmate rehab programs if a federal court grants the state more time. the governor says the state has already implemented the most extensive prison reform in the

country's history. >> 43,000 fewer people are in prison. that's huge. that's monumental. for the most part people act as though it never happened. it did happen and we can build on that but not in a month or year. >> reporter: if the judges don't agree lawmakers say they will go along with the governor's original plan to send inmates to private prisons and county jails. the western span of the bay bridge is one step closer to being called the willie brown bridge. it's a resolution that passed the state assembly last night. if it's passed by the senate, the western span would be named after former assembly speaker and san francisco mayor willie brown. >> the first speaker of color and being the longest serving speaker, at least we can do the bridge. >> three former san francisco supervisors are not happy about the resolution saying it doesn't reflect community consensus even calling brown a controversial figure. legislators have until friday

to give the go-ahead to rename the bridge. 4:39 now. >> better conditions for fighting the fire, temperatures cooling off maybe 10 degrees or so in the mount diablo area. winds switching directions a little today coming out of the southwest. so that's going to bring with it some higher humidity. 35 to 45% humidity. temperatures this afternoon still in the 80s out there. the winds out of the southwest at 15 miles per hour. that will be that afternoon sea breeze but not as strong as it's been so hopefully that will give firefighters a chance to get a handle on the fire today. starting out with low clouds and fog thicker around the bay area this morning. dense fog at the coastline. 50s and 60s out the door right now. by the afternoon, these temperatures are going to be down a little bit. still, you'll see a few 90s well inland about 88 in

concord, 84 san jose, and 68 degrees in san francisco. more on your weather coming up. right now let's check the roads with elizabeth. >> thank you, lawrence. and on this tuesday morning, the major freeways look okay but, of course, we have that travel advisory in and around mount diablo state park all the roads leading to it and around the park are closed northgate, south gate and summit. also marsh creek road that closure is in effect between camino pablo and regency, morgan territory road shut down at marsh creek. here's a live look outside. this is a live look at the nimitz 880 in oakland where things are moving well even with that overnight roadwork. it's still out there both directions between embarcadero and high street. that would be northbound and southbound 880. various lanes blocked for another 15 minutes or so and the golden gate bridge we have a dense fog advisory. chp issued that one around midnight. that is traffic. back to you. >> thank you, liz. 4:41 now. tens of thousands of smokers are dropping the habit. it's not because of the patch. how these images are helping them quit cold turkey. >> she says a major clothing chain fired her for her look

and a judge agrees. how a scarf is coming back to haunt abercrombie. ,,,,,,,,,,,,

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underwater mortgages from struggling homeowners is up discussion at two meetings today. tonight, th around the bay area, richmond's plan to buy underwater mortgages from struggling homeowners is up for discussion at two meetings today. tonight, the richmond city council will be asked to withdraw the offer to buy the mortgages and in san francisco, supervisor david campos wants the board to go on record as supporting the plan and to consider doing the same in san francisco. the state announced pg&e will not face criminal charges in connection with the pipeline explosion in san bruno. three years ago, the blast destroyed 38 homes and killed 8 people. pg&e recently admitted to falsely reporting the safety of its pipelines across san francisco and the peninsula. federal prosecutors still have two years to file criminal charges against the utility. 4:44. i guess mother nature is going to give the firefighters a bit of a break today, huh? >> i think so. we are seeing the wind switch

directions a little bit. the temperature is cooler and the humidity is coming up. so that's a good combination to help fight the fire. around the bay area, more low clouds and fog have swept onshore even dense fog outside a little drizzle as you approach the coastline. temperatures now in the 50s and 60s well inland. i think by the afternoon it will cooler across the board still some 90s possible well inland, 70s, mild and breezy at the bay, clouds tow coastline with temperatures there in the 60s. looks like high off the coastline is going to bring more of a sea breeze for up helping to bring more low clouds and fog into the bay area. so a stronger sea breeze is good news for the firefighters. of course, we don't want those real strong whipping winds. but the winds will bring humidity in the atmosphere. a higher humidity should help the firefighters today. around the state hot temperatures in the valleys, triple digits toward fresno, 71 monterey bay, around our bay we'll see those temperatures soaring to 84 degrees in san

jose. 84 in sunnyvale and 65 degrees in pacifica. concord near the fire about 88 this afternoon. 93 in livermore. and about 80 degrees in vallejo. no "spare the air" has been issued, although the air quality is suffering in that part of the bay area. 60s and some 70s inside the bay and some 80s showing up in the north bay. next couple of days, we'll watch those temperatures cooling down a little further, then warming up slowly on thursday and friday before cooling down the latter part of the weekend. let's check out the roadways with elizabeth. >> at 4:46 this morning. things are cruising along as you head toward the bay bridge. the new eastern span is beautiful at night, i have to say. here's a live look at the toll plaza. traffic looks pretty good at this hour, as well. no delay approaching the pay gates. of course the metering lights are off and moves well all the way toward treasure island. westbound 580 looks good. no yellow traffic sensors through the livermore valley. drive time about 14 minutes or maybe even slightly under as you head towards the dublin interchange. that's a live look approaching

hacienda and 680. headlights are the westbound direction and no delay towards the castro valley y. other areas of the bay area, here's a live look at silicon valley. westbound 237 no delay out of milpitas towards sunnyvale. golden gate bridge once again we have that dense fog advisory but not impacting the drive time from novato all the way down into sausalito still moving at the limit. in fact i'm struggling to search for a slow drive time right now. pretty quiet commute across the altamont pass. the nimitz freeway and it is only 19 minutes right now on westbound 80 from the carquinez bridge to the maze. bart we checked in with them they are doing well 24 trains and they are all on time. that's traffic. back to you. >> thank you. 4:47 now. abercrombie & fitch lost a discrimination case. kpix 5's kiet do spoke with a girl who was fired for wearing a religious head scarf. he tells us -- she tells us after three years, she is finally -- she finally got some justice. >> reporter: hani khan got the news in email from one of her

attorneys. >> i didn't understand the whole complete thing but i understood it and i got really excited after that. >> reporter: we first met hani back in 2010. she was 19 years old and didn't want her face shown. she just had been fired from her stockroom job at the hollister store inside the hillsdale mall for wearing a head scarf. the parent company abercrombie & fitch said it violated their so-called look policy. hani filed a complaint with the equal employment opportunity commission which sued abercrombie for religious discrimination. after 3 1/2 years of legal wrangle, a federal judge ruled abercrombie & fitch was wrong. >> we are hopeful this will be a turning point. >> reporter: the attorney said khan had worked there for four months before she was fired. the company claimed head scarf hurt business but the judge said they failed to prove any evidence showing a decline in sales. customer complaints or confusion or brand damage linked to khan's wearing of the

scarf. >> time and again having the courts find that head scarves should be accommodated if the workplace should send a message that this won't be tolerated and people are willing to challenge it. >> reporter: this month a jury will decide how much abercrombie & fitch will pay in damages and what changes they will have to make to their corporate policy. hani says it was never about the money. >> what happened to me wasn't fair. it wasn't right. and i don't want another girl or anyone else to face discrimination just for the things that they believe in. >> reporter: as nine's attorneys have said all along, no one should have to choose between a paycheck and a head scarf. kiet do, kpix 5. >> abercrombie sent us an email saying they don't comment on pending litigation but said they don't discriminate based on religion and grant religious accommodations when reasonable. in today's healthwatch, did your football team win this weekend? if not, you might want to watch what you eat. according to a medical journal, fans of the losing team are more likely to chow down after a game compared to fans of the

winning team. the study found that people whose teams lost ate more saturated fat and fans of winning teams consumed less fat and calories. but potato chips are always good. >> maybe not. federal health officials say graphic messages about the damaging effects of smoking are working. as cbs reporter jericka duncan tells us, tens of thousands of people are quitting the habit after seeing the ads. >> do you remember that? >> reporter: 35-year-old that nequa russell has seen the graphic ads on television showing the effects of smoking. this spot featured a former smoker with throat cancer. [ indiscernible ] >> reporter: the commercials which ran last year and earlier this year are part of a federally funded campaign to get smokers to quit. russell, who has been smoking for 16 years, said they were hard to watch.

>> when i see commercials like that, it's scary. >> reporter: the cdc says the 2012 ad campaign was a success. according to a new study, more than a million and a half americans tried to quit smoking because of the ads and researchers estimate the commercials helped 100,000 people kick the habit for good. >> so it was very effective because it showed the reality of smoking suffering, disability, disfigurement, people not able to go about their daily lives. >> reporter: the cdc says the ad campaign cost about $54 million. but they say the tobacco industry spends that much on ads in just three days. russell says the commercials not have helped her beat her addiction. >> i have tried to quit multiple times. it is extremely hard to do. it's really hard. i did it for 30 days. and i failed. >> reporter: government health officials urged smokers like russell to keep trying. and they plan another round of the ads next year. jericka duncan, cbs news, new york. >> it's not clear whether the

cdc's placement of a new round of ads will have the same price tag of more than $50 million. >> there is a new movement to split northern california in two. siskiyou county supervisors voted last week to declare their independence from california. they want to form a new state called the state of jefferson. proponents say they are tired of urban outsiders passing environmental regulations and other laws that harm local industries like logging and ranching in their area. >> people are passing laws that don't affect them but affect us terribly. and we don't have any representation. >> what are our choices here? we can fight or we can die. those are our two choices and we're not going to go quietly into the night. we're going to try to find government that represents us. >> jefferson-backers face some big obstacles. first, money. they would also need approval from sacramento and congress

the very entities they are rebelling against. still, the separation movement is gaining momentum. modoc county has a vote scheduled this month and humboldt county is considering it, as well. 4:53 on this tuesday morning. locks can be broken, passwords can be hacked but who can steal a heartbeat? the new technology being used to create your own unique identity. ,, ,,,,,,,,

[ female announcer ] life is full of compromises. but when it comes to what your family really loves, you shouldn't have to sacrifice. and that goes double for ice cream. now you don't have to give up. you can give in with dreyer's slow churned light ice cream. we churn it slowly for all the rich and creamy taste with just half the fat. ♪ dreyer's slow churned light ice cream. ♪ nestlé -- good food, good life.

> patchy fog, dense fog. more on the numbers coming up. >> chp issued a dense fog advisory for the golden gate bridge but traffic moves really well right now across the bay bridge and san mateo bridge. more "timesaver traffic" coming up. 4:55. new technology seeks to use a person's heartbeat to create a unique identity. the goal here is to replace credit cards and passwords for electronic devices. canadian company now developing

a device that will not only make passwords and the p.i.n. numbers obsolete; it will know who you are when you walk into a room and unlock your tablets and smartphones all by reading your heartbeat. >> it relates to the size of the heart, the position of the heart and the physiology surrounding the heart. >> a sensor similar to that used by doctors goes into a wristband and creates a unique pattern. wristband links the pattern with an individual then transmits that information to a computer or device. it's expected to hit the market sometime next spring. many of us are hooked on our smartphones. but for some, it's an addiction that could send them to rehab. the country's first in patient internet addiction treatment center opens this week in pennsylvania. the 10-day detox program is designed for people who spend so much time online, they have trouble functioning in real life. patients go cold turkey for the first 72 hours. then it's on to therapy sessions and seminars. the fee for the program,

$14,000 and it's not covered by insurance. 4:56. it's one of the biggest developments in one bay area covering 2 million square feet. the megaproject in silicon valley and the mystery over who is moving in. and the morgan fire has nearly tripled in size. still 100 homes evacuated but there is some good news. we'll hear from cal fire in a live interview coming up. ,,,,,,,,,,,,,,

i had two minutes to leave. >> firefighters are fighting to detain one of the biggest state wildfires in years. the fire on mount diablo has already burned almost 4,000 acres. >> the air quality district issued a smoke advisory but pollution levels considered moderate. >> nervous what's going to happen next. >> thousands of bay area workers could soon be out of a

job due to a measure to improve safety at refineries. >> it's threatening all of us with his firearm. >> george zimmerman found himself in the back of a police car again after his estranged wife called 911. >> if he turns over every, single bit of his chemical weapons. >> it's a possible solution to avoid military action against syria by the u.s. >> from across the bay to around the world, the stories that matter on "kpix 5 news this morning. >> good morning. tuesday, september 10. i'm frank mallicoat. >> i'm michelle griego. time now 5:00. another hot day is expected on the firelines on mount diablo. the morgan fire on mount diablo is 20% contained. they are using the biggest firefighting aircraft on this fire, a dc-10 to make passes over the fire zone