Ly normally this time of year we have several inches of rain and have green grass that wouldnt be able to burn. Reporter arson investigators are looking at whether the fire began in this abandoned car. Sheriffs deputies confirm it was stolen and have been investigating cases of stolen cars dumped here off mt. Hamilton road. Neighbors say its a big problem. Honda civics, accords. Theyll crash them all over the place coming up the mountain purposely, doing tricks and doughnuts and everything. By the time theyre finished with them, they break the windshields and usually dump them off the edge of the clip. Reporter for now a small team of firefighters plan to ring in new year out here to make sure there are no flareups. Sheriffs deputies say when they contacted the owners of two vehicles that they found near the fire, the owners had not even realized yet their vehicles were missing. Reporting live in san jose, marianne favro, nbc bay area news. Air quality in the south bay has been poor for weeks. Todays fire made things worse. This is what it looked like in san jose late this afternoon. Chief meteorologist jeff ranieri has more on the lingering problem and dry spell that complicated this fire fight. Yeah, janelle. The reason why our fire season never ended is the fact we are in a drought, not just for the bay area but for all of california, in fact, a good section of the west. As we zoochl m in for the east extreme drought. Again, very dry as weve been mentioning. More new numbers are coming in. San jose now ranks as the driest calendar year ever as well. This is unbelievable. 3. 80 inches since january the 1st. That it. In years past weve picked up 4 to 5 inches in a week alone. Were hoping to flip over the calendar tomorrow to 2014 and pick up a lot more rainfall. Now that air quality is at unhealthy levels in the south bay peninsula and north bay, well let you know when all of this is expected to improve coming up in the full forecast a little bit later on. All right, thanks a lot, jeff. We have two late gots in the jahi mcmath case. Within the last two hours, there are new reports the California Department of Public Health is investigating Childrens Hospital and the tonsil surgery at the center of the case. Were also learning this afternoon a judge made a critical ruling. Nbc bay areas kris sanchez has been at the hospital all day and jo joins us with more on the ruling and vase. Reporter hi there, diane. The state department of Public Health is investigating Childrens Hospital oakland as you mentioned, but know theyre talking about it publicly for the first time today, this probe began two weeks ago as we were told by a spokeswoman for the hospital. Meanwhile, a judge today denied the familys request to force the hospital to insert a breathing tube, something that has to happen before jahi mcmath can be moved to another facility. She is a beautiful girl and she is human. And she is breathing. And she is moving. And i love when i go in there and i touch her and she moves. Reporter jahi mcmaths family continues to pray for a miracle. Not only that the 13yearold will wake up, but at the very least, that oakland Childrens Hospital will either put in a breathing tube or allow another doctor to perform the tracheotomy at their hop spital you want my daughter out of here so bad as well as i do, but you wont do the one thing to get her out of here, so i dont understand. Reporter a spokesman for the hospital says it will not ask its staff to perform any procedure on a person who is legally dead because it violates medical ethics. In a letter to the family today, hospital also said it would not allow an outside doctor to use its facilities to perform the procedure, either. The familys attorney, mr. Dolan, makes it seem like its simple. Just hand over her body as if it were a piece of furniture. Thats not how this works. This is a very tragic situation. There are legal rules. More medical procedures. Reporter the attorney for the family says the hospital is acting not on the basis of medical ethics but on the basis of financial selfprotection. If jah i dies, its to their direct benefit if they are negligent. I mean, millions of dollars to their benefit. I would hope and pray that that doesnt motivate medical professionals but you have to ask after this much time, why dont you just let jahi go . Why keep her locked up in that room . Reporter as the battle continues, swrrjahi remains in room on a ventilator after a december 9th tonsil surgery when she suffered a heart attack. Yesterday, an Alameda County superior court judge extended the order to keep her on that ventilator until january 7th so the family could appeal the ruling. The family attorney filed additional documents related to that appeal today. They want a court to force childrens hop to perform the necessary procedures to move the child. The hospital has until friday to respond. Dr. Paul burne is mentioned in those documents. Hes a retired pediatrician contacted by the family who believes jahi is tistill alive d claims to have and her move in recent days. She is not truly dead. She is in worse shape now than she was yesterday, than she was last week. Reporter jahis mother tells us that they will the family will spend, ring in the new year at her bedside, same place where they spent christmas and where her mother has spent every night since that tonsil surgery back on december 9th. Legal wranglings will continue and well continue to watch them for you. In oakland, kris sanchez, nbc bay area fuse. Thank you, kris. Were learning more about the long island facility willing to open its doors to jahi, called new beginnings and founded by a woman who gave up a career as a hairstylist after her father suffered a traumatic brain injury in a motorcycle stent. Its not clear how the center might treat jahi. The center released this statement on its Facebook Page today. This child has been fined as a deceased person but has the functional attributes of a living person despite her brain injury. We encourage every american citizen to learn what their rights as patients truly are especially in dire circumstances. Stay with us for continuing coverage of the developing story. If youd like to hear more from a doctor who told the California Court he believes jahi mcmath is not truly dead and is assisting the mcmath family, visit nbcbayarea. Com. We posted a raw video of that exclusive interview. New details tonight on the officerinvolved shooting in San Francisco. Police say this is the man who allegedly tried to run over an officer after a wild chase last night. His name is samuel and a convict out on probation. Officers spotted him driving with what appeared to be a weapon or contraband. He raced off. Police chased him from the Bay View District and 19th avenue and taravell street where he crashed into another car. The suspect ended up crashing into a concrete barrier and was arrested. Happening right now, new years eve preparations. Heres a live look at San Francisco. Where countless parties are planned for tonight, of course. Theres one in particular that always draws a huge crowd. And that is the Fireworks Show along the embarcadero. Nbc bay area is in San Francisco with a look for us. Hello. Reporter hello, diane. San francisco is ready for a big new Years Eve Party. The barricades are in place and thousands of people are expected to come down here to the embarcadero for the big Fireworks Show. But thats not the only party in town. Hotels and clubs are also having parties. The weston st. Francis says its the businessiest night of the year. People are checking in, spending a safe night in one place. They will have access to an International New years eve. In our ballroom, we have an organization thats actually hosting an International Event with various international venues. So you have europe, asia, u. S. , all located around various ballrooms with different entertainment in each of those spaces. Reporter the embarcadero will get crowded around 11 00 for the big Fireworks Show at midnight welcoming in 2014. Some 5,000 devices will fill the sky with fireworks near the building ushering in the new year. Now, police will be out in force. Take a look. Traffic is a little backed up right now but not too bad. Later on it will be a mess. Public transportation is your best bet. Bring your good will, take public transportation, and wear lots of layers because its already a little bit chilly out here. Reporting live in San Francisco, nbc bay area news. If you dont want to deal with all that stuff shes talking about or cant get to San Francisco tonight, watch the fireworks from the comfort of your own home. Well be streaming it live on our website at nbcbayarea. Com. In the south bay, hundreds of people will ring in the new year a the fairmont hotel. The hotel will hold three events tonight. A dinner party, a dance party, and then the big event. The balloon drop at midnight. Followed by another dance party celebration. We are trying to welcome many different groups of people of different ages and for them to choose fairmont san jose as their place to be for the holidays and to celebrate the new year. The hotel staff says they expect to pop anywhere between 400 to 500 bottles of champagne during tonights festivities. And coming up at 6 30, celebrating new years eve on a whole other level. Behindthescenes look at some of San Franciscos mega parties including one that promises to be a real circus. Well also have a live update from the big apple. Heres a live look right now at times square where the party is already under way tonight. And still to come, a health alert. The dairy product thats been linked to salmonella outbreak. More trouble for target. Why shoppers may find it difficult to use a gift card from the retail jiil giant. More on a mysterious crop circle. Details on the design and why it was mowed down this afternoon. It can be very severe. It can really put you out of commission for a long time. State Health Officials say the flu is spreading. What were learning about whats going around and what has them especially concerned. Cheese lovers beware. Public Health Officials are warning people to not eat cashew cheese products. Made by the cultured kitchen. They may be contaminated with salmonella. There are reports of 15 cases in the western u. S. , 12 right here in california. Three patients have actually been hospitalized. So far, no deaths have been reported. The cultured kitchen based in West Sacramento issued a voluntary recall of all flavors of its cheese products. The flu is on the rise in california and doctors say its not do late to get your flu shot. The state department of Public Health identified three strains of flu as most common including h1n1 virus which tends to be more severe in children and young adults. H1n1 emerged as the leading cause of the 2009 pandemic. One thing were concerned about, were hearing from many counties that the number of cases due to influenza that are severe enough to send people to the intensive care unit and make them very sick appears to be increasing. For most people, the viral infection will go away, but if it doesnt, youre advised to see your qdoctor. January and february are traditionally the peak seasons for the flu. A livermore toddler is fighting for her life. Thats not stopping her family from trying to help others. Delaney newton is battling brain cancer and in the past three months needed more than a dozen blood transfusions. Her family realized she wouldnt have survived without the transfusions so it inspired them to hold a blood drive today. We wanted to replace what delaney was given and give more because we know theres other families, other people out there, other kids that need the blood just as much. The American Red Cross sponsored the blood drive and more than 100 people turned out to donate. Delaney was able to come home for christmas but has more rounds of chemotherapy in weeks ahead. Two protests in oakland have city leaders alerting the public. The first demonstration is tonight. Some of the people in the occupy Oakland Movement have circumstance lated f circulator to bring friends, noise makers and fireworks to support oakland inmates as they march to the jail several blocks from city hall. Leaders have not received a permit prompting oakland to warn residents to park their car in a safe place and keep doors locked. Tomorrow at night, activists plan to mark the fifth anniversary of the shooting death of oscar grant at the b. A. R. T. Fruitvale station. That event has received a permit. Turn them in. Dont light them up. Thats the message tonight from Oakland Police this new years eve. Fireworks are illegal in oakland and if youre caught lighting them, you may have to pay a 1,000 fine. Parents, you are responsible if your children set off those fireworks. Police are also warning people about shooting off guns at midnight. Extra officers will be patrolling the city. Typically new years eve often does bring fireworks and celebratory gun fire. They pretty much go hand in hand. We really want to encourage everyone to have a safe new year and discourage anyone who wants to participate in the illegal fireworks and celebratory gunfire. You can turn in fireworks at the following six oakland fire stations. Martin luther king jr. Way, 14th street, international boulevard, 34th street, 50th avenue, and 9 8th avenue. People who use b. A. R. T. Will pay more money starting tomorrow. And some touristses who use muni will be paying more as well. B. A. R. T. Passengers will pay an overage of 19 cents per ride tomorrow. Were told the increase will help pay for future train cars and a control system. Now, tourists who buy oneday passports on muni allowed them to ride table cars as well as trolleys and buses, theyre going to pay 1 more or 15 per ticket. Theres another victim of high rents in the city of campbell. After more than three decades of doing business in the prune yard shopping center, boswells will shut its doors. The bar owners say rent is too high. The restaurant and bar has been in the same spot for the past 36 years. Tonights new years bash will be its last one at least there. Now, to an nbc bay area follow up. A crop circle in the Salinas Valley attracted so much attention the landowner hired Armed Security guards to keep people off the property. Today that landowner ordered a crew to plow over the entire field. The crop circle is now gone. This is what it looked like yesterday. Video shot by an aerial photographer. Were learning more about the design today. Braille experts say in center of the design is a braille inscription that has a number 192 over and over. Why that number is still a mystery. Were going to have to look into that. And now to the developing weather. King tides continue to cause headaches for many people along the coast. This is what it looked like in sausalito today where streets were flooded. The high tide forced crews to close this highway 101 off ramp near mill valley for several hours today. At the beach, visitors are warned about the huge waves. The king tides are expected to last through thursday with waves as high as 6 1 2 feet. The phenomenon also creates extremely low tides. Okay. Lets get a check of our forecast. Its the last day of 2013. What is it going to look like . Hard to believe. Looking pretty good. Shaping up good for anyone heading into San Francisco from the east bay, those of you with the fast pass able to cruise through. If you have the cash, stop at the tolls. Traffic beginning to back up right now. Not too much wind as you cross the bridge this evening. Temperatures dropping into the 40s in the north bay. Need the jacket tonight if youre going outside for new years eve celebrations. Across the bay, from the east bay looking toward San Francisco, excellent visibility tonight. For one of the only Fireworks Shows expected across the bay area. Again, with our dry fire weather here throughout much of the bay, its going to be pretty hard to find those fireworks forren to. So if youre heading to any kind of celebrations, whether in San Francisco, oakland, san jose, walnut creek, you can take that jacket and its safe to leave the umbrella at him. Dry weather with temperatures in the mid to upper 40s. Walnut creek could be the chilliest expecting 45 degrees. Now lets get you into the 24hour forecast. Well begin with cloud cover at 7 00 a. M. In the south bay and 40 degrees. Sunny skies by the noon hour. The peninsula, start slightly warmer. Jacket weather in the morning hours. Sunny skies by noon. Then well see partly cloudy skies as we head throughout 5 00 p. M. San francisco, not starting off too cold. 46 degrees. Youll have plenty of cloud cover to begin. The clouds begin to push back as we head throughout the afternoon. Well get a look at the north bay, east bay, tri valley. It will be the north bay, again, starting off the coldest. A lot of chilly air getting trapped into the interior valleys. 34 there. 40 in the tri valley. Temperatures by noon expected in the low 60s. So we are definitely ready for new year here in the Weather Department. If you missed the top of the show, it is now one of the driest calendar years ever. It is official. Not just for one or two select cities but pretty much 99 of the bay area. Weve only had 3 to 8 inches of rain in 2013. This breaks records that have been 50 to 100 years old. Well have more on the full forecast coming up later on. Thanks, jeff. Still ahead, an inflight emergency. How two women came to the rescue of an Airline Pilot who blacked out at the controls. A new year means new laws. Well take a look at some of them in california. With this coming new year comes some new laws for california. Gun owners will have to keep their guns locked if they live with someone who has a cr