the gender and pay gap. >> a woman with a bachelor's degree makes 60% less than a man with the same degree. >> reporter: as she made that point the republican party was accusing her of paying women on the senate staff less than women and having a predominantly male staff ready to shift into campaign mode. >> everybody will use anything they can, right? i would hope not. i would think that hopefully she'll be judged on marcherits and what she's achieved. >> i think there are probably different levels and organizations of pay and if you get in early on or you bring in and come in a certain salary and there is only so much they can raise you, i think that's an issue all women run into. >> reporter: the 5,000 women attending the conference were hoping to hear mrs. clinton declare canadense declare candidate.

she's the front runner for democrats. >> she's the person with the highest profile and probably the best create terribles. >> the former secretary of state says she's comfortable and talked about net neutrality and she didn't even hesitate when journalist kara swisher asked her this question. >> apple watch or fit bit? >> you can tell i'm not doing fit bit. [ laughter ] >> in santa clara, david louie abc 7 news. >> well, in audition to hillary clinton, state lawmakers tonight are echoing patricia's call. the women's conference wants to strengthen state laws ensuring women are paid equally for kompl comparable work and want to prevent retaliation if a woman asks about pay on the job. >> we have laws on the books that are not working because they are either too rigged or too vague. i mean, we've got to fix the way

we define terms. we've got to fix the way we proof them. this bill will change the bird. >> according to an equal lights sequal rights study, a woman working full-time made 84 cents to every dollar a man earned but latins make 44 cents for every dollar a white man makes. >> sitting out the race for barbara box' senate seat. that follows weeks of meetings and phone calls. this leaves state attorney general harris as the only major candidate. a renewed call this evening for pedestrians and drivers to stop, look and listen before crossing train tracks. this comes after two incidents in less than 24 hours, just before noon today a caltrain hit a pedestrian a mile away from the palo alto station. caltrain officials say it appears the woman was trying to commit suicide. she was rushed conscious to stanford university hospital. officials have not released her

condition. and caltrain crews just opened the rail crossing to traffic for the first time after a deadly crash last night. the train hit a woman at nearly 80 miles an hour. she died at stanford hospital. you can see the results of the impact. officials say her car was stuck on the tracks when the car came speeding towards her. the car flue 40ew 80 feet. it averages one carver sustained train accident a month since 1992. six of them have resulted in deaths. two southern california commuter rail officials say passenger cars designed to absorb impact likely saved lives during a crash this morning. metrolink train struck an abandoned pickup truck two hours west of los angeles. 30 passengers were injured, four of them critically when three of the trains cars toppled. the truck driver city took a wrong turn and got stuck on the tracks. a short time ago police announced the driver will be charged with felony hit-and-run.

passenger i say the train operator was able to slow down before the impact. >> on a pole and sort of flipping on the pole like a flag asking are you okay? finally the lights went out and definitely had the emergency brake set. >> metrolink bought cars with collapsible bumpers to absorb an impact after 11 people died in 2005. a san jose teenager accused of killing a man made her first court appearance today ortiz was arraigned but did not enter a plea. she's charged of killing the man a week ago. the coroner says he died of blunt force trama. authorities are giving few details about the murder. ortiz is charged with robbery. she was on a surveillance video camera using the victim's credit card. >> if we couldn't prove it, we

wouldn't have filed the case. we feel confident the case is provable. >> gill roy police say ortiz may have participated in similar crimes. investigators are looking for the second woman seen in that video. a plane successfully landed in san jose despite broken landing gear. over san jose international airport just after 11:00 you can see the plane and passengers on board were not hurt and fuel did not leak. the aircraft did sustain some damage. the fire department tweeted out an image of the plane on the ground. you can see the broken landing gear on the left side of your screen. >> for the second time in two years, state regulators blame kizer for causing mental health patients for waiting too long to get treatment. they analyzed 300 patients found a continuing problem with wait times. the agency fined kizer $4 million in 2013 after the initial report on mental health patients. kizer could be fined again in

response to this latest report, kizer says it is proud of the progress it has made saying we have hired new mental health therapist in northern and southern california and currently are recruiting to hire more. gas prices have been inching up and tomorrow the average price for a gallon of gas in san francisco will hit $3 according to gasbuddy.com. the biggest factors, exxon partially closed a refinery after an explosion and another shut down last month over safety issues. the situation is affecting more than gas prices. it turns out several baseball fields close to that refinery are now shut down. laura anthony joins us to explain what's happening, laura? >> hi, cheryl, well the refinery leases these fields to several different leagues for $1 a year. it's a great arrangement except

now with the strike moving into its fourth week, this are hundreds of kids locked out. by this time of year these fields should be bustling with kids getting into the swing of things for the spring season. but instead, the gates are locked uptight and the kids locked out a move to say claims are a necessary safety measure due to striking refinery workers. >> we just want to be able to use our fields. >> patty is the president of the baseball league. they have 600 players on 48 teams that can't use their home fields. they have had to find other city and school facilities for practices that normally occur three time as week. >> i'm used to using 15 fields so when i was able to do with the bulk of the kids is one night, one day a week that doesn't include my little guys, which i have 15 little teams. i had to tell them go find

grass. >> in a statement the potential strike was discussed with league officials in january and quote, the league representatives agreed that all activity should be suspended in the interest of the save safety of all. but the biggest tenant here, and the president told us they were not consulted. >> they didn't include us. i found out on february 2nd. >> in the meantime there are no pickets at the main gates to the baseball fields and even if there were. >> we're not trying to stop little kids from playing baseball, you know at all. we're only striking you know, for us. >> we wouldn't block them. not baseball or soccer but not baseball. >> there is a soccer field here but it too, is closed. all will reopen but only after the refinery companies and unite the steel workers settle the differences. in north concord laura anthony. just ahead here at 5:00

health risks and hero worship. >> the whole point of this legislation is to protect the next generation. >> coming up the baseball tradition that some are trying to chew up and spit out. >> how a ninth grader crushed by a chimney in the quake is proving doctors wrong. >> the top cars of 2015 michael finney has the

this is sending a message we want the change of behavior in the presence of our kids. >> tony therman introduces legislation to ban major league baseball players from using smokeless tobacco at games in

california. caroline tyler has been looking into this proposal and is live at at&t park in san francisco with the story. people talked about this off and on for years. >> reporter: yes, they have. california would become the first in the nation and san francisco with its own local measure would be the first city in the nation to ban this product from players and fans at the ballparks. jona and his friends love baseball with the ten-year-old doesn't like is seeing the pros chew tobacco. >> it's setting bad examples for kids like me. >> reporter: according to the cdc, every year more than half a million kids age 12 to 17 try smokeless tobacco for the first time. >> as much progress as we've made in reducing cigarette smoke in teenage boys the use is actually up and it's no small part because of its association with major league baseball. >> reporter: giants coach bruce

bochy says he sought help to kick his habit and at spring training today in arizona indicated a ban might be a challenge. >> it's not an easy habit to break. there are so many triggers and you play with it. you learn to play with it. you know the force, the ban, it's going to be difficult. >> reporter: the players union had no comment today but major league baseball said we believe that children should not be exposed to smokeless tobacco and we support the spirit of this initiative in california. san francisco supervisor mark ferrell, a former college baseball player and reformed tobacco chewer plans to introduce a measure that will eliminate the product not just at at&t park but athletics fields city wide. >> the whole point of this legislation is to protect the next generation of san francisco children. >> reporter: they expect a fight from the tobacco industry.

in san francisco caroline tyler, abc 7 news. >> california's ban on plastic bags won't go into effect as planned because a trade group gathered enough signatures to qualify a referendum to overturn the law for the november 2016 ballot. the law created by the state legislator last year intended to pull them out of large grocery stores and supermarkets starting next summer and conveneience stores in 2016. it does not affect ordinances in places already. happening tonight, burkery city council members will consider a two-year moratorium on these drones. they want it to be a drone free zone. groups are worried police might infringe on people's privacy by using drones. four other city haves banned the use of the small unmanned aircraft. it hit six months ago today that devastating earthquake that

rocked wine country and after all this time we're glad to report one seriously injured teenager is doing well but as amy explains in napa, there is still a lot of recovering and rebuilding to do. >> reporter: 14-year-old nick is not supposed to be doing this. but nick likes to defy expectations. >> according to the doctor, he really scared me six or seven months before i could work again. that's too long for me no way. >> reporter: six months ago today nick was in a hospital bed with a broken pelvis. bricks from his fireplace fell on him during the napa earthquake. he was asleep on the floor because he was having a sleepover with a friend. >> i almost died that day and it's an experience i wouldn't want anybody to have. honestly, i wouldn't even want that to happen to anybody. it's a horrible experience. >> he then spent the next few months in a wheelchair which he did not like and now he is not only walking, he is able to run.

>> so, yeah, there are days i get discouraged. i'm still alive. >> reporter: he just came back to school in december. school administrators say that was an inspiration for everyone. >> to have someone like nick that you know get injured the way he did there was a fear was he going to make it? he going to be able to walk? he going to be able to come back to school? he's a rallying point for the students but also he brings a sense of calmness to the kids. >> reporter: nick still has a ways to go. he'll undergo surgery at spring break to have three bolts removed and doctors don't know whether he'll be able to walk or jump but nick isn't afraid and isn't paying much attention to this six-month mark, either. >> i heard quote saying don't count the days make the days couldn't. ever since, i haven't been counting the days but waking up saying i'm alive. that's great. trying to make a difference in the world today. >> reporter: impressive kid. nick says he's a little nervous

about surgery, but he fully expects to not only be running again but he hopes to be playing soccer by next fall. in napa, amy hollyfield. officials say this quake is a reminder to be prepared if and when disaster strikes. we have guidelines for stocking a kit at your house and developing an emergency plan for your family at abc7news.com. look for prepare norcal at the bottom of the page and let's do that now. this is a good opportunity. >> good idea. >> from sports cars and mini vans and suvs, if you're in the market, no shortage. >> consumer reports are revealing the top cars for 2015. michael joins us now. >> this is a big list. this makes a big difference for an auto maker. consumer reports has the 2015 list of top pick cars. this year's list contains three models build by american car makers. consumer reports top picks list

hasn't had this many american models since 1998. the buick regional is the top pick sports sedan. they find the regal's stylish features give the feel of driving a high-end european car. the chevrolet la i'mimpala is romomie and comfortable. for the second year in a row, the best overall car goes to the american made tesla model s but it's pricey, close to $90,000. we choose our top picks based on reliability for more than a million vehicles. safety performance, and government and industry tests and drive them thousands of firefighter mile miles. >> reporter: subaru wins best

compact car and the subaru forest erwins the best small suv category. >> subarus do well and are reliable and plus all-wheel drive is standard. >> the toyota islander for mid-sized suv and odosey and audi a 6 handles well beautifully finished and descent fuel economy for its size. okay rounding out consumer reports top picks in the green car category, the toyota prius is top pick for the 12th year in a row. >> wow. >> yeah. >> thanks, michael. >> 12 years. >> we have one more note about cars, police in santa rosa say two were stolen this morning because the owners left them running to warm them up. never leave your running vehicle unattended. >> let's check in with our meteorologist outside now.

sandy, we are looking for rain. >> i'm still searching for rain. it was cold this morning but feels good outside now with the sun shining, temperatures rebounded nicely this afternoon. take a look how cold it got. 367 36 tieing the previous record set back in 19 60. 33 livermore, 35 in san jose and santa cruz and places like redwood city down to 36 degrees. 40s around richmond san francisco, count on some cold conditions again tonight. here is a look at live doppler 7 hd. it's clear now other than a few whisky pi clouds you're looking at. 59 in san francisco. temperatures in the 60s from oakland to san jose and half moon bay 57. today's highs came up several degrees, most areas in the low 60s to low 70s. beautiful view from lake tahoe cam, one thing is missing and

that is the piles of snow that we normally expect to see. they do have a chance of some snow showers as we head towards the end of the workweek and beginning of the weekend. 63 right now. napa 61. currently 66 in livermore and golden gate bridge cam blue skies and high clouds. chill inland and dry and mild. a slight chance of showers friday and saturday. high pressure for the time being will keep us in the mild pattern for a few days but we are going to be looking at some chilly nights. as we head towards friday is when we'll notice changes. here is a computer animation what will happen thursday night. the low is near vancouver really limited in moisture. it drops southward across the sierra nevada so we're looking at a slight chance of showers between friday and saturday but when i say limit in moisture, i really mean limited in moisture and computer models keep back peddling in terms of the possibility of rain. so it's not looking exciting but we'll take any drops at this

point. tomorrow morning it will be cold again. not as cold as this morning. we'll have patches of fog and certainly a little more moisture in the air. 34 in napa, 35 santa ra rosa and morgan hill, livermore, san 49. don't forget to bundle up tomorrow. tomorrow afternoon i guess it's a good idea to dress in layers because it will be mild again. 70 in gill roy and the south bay and 67 san jose and santa clara 66 sunnyvale and upper 60s palo alto and 62 same thing in daily city, sun will be shining downtown san francisco 65 degree degrees and you'll need sunshine. clover dale and out towards the east bay and oakland san68 livermore milder than average. the seven-day forecast we'll go with mild weather the next two days cooling down friday

introducing the possibility of showers if r ss for your friday and saturday and the second half is dry and we'll keep it dry next week with cloud cover. look i'm just the messenger. i can't do anything about it. i know we've been waiting and so desperate for rain here and snow in the mountains. we will get some snow in the tahoe area friday and saturday here in the bay area still questionable as to whether we'll get showers. dan, cheryl? >> we can't crack down too hard on the messenger this time. >> thanks. just ahead cover up or else. two major websites on posting racy pictures. plus, apple's new plan the major shift how it handles appointments. >> those stories in a moment but a social tool to fight crime. how local business owners are

. two big names in social

media are banning some adult content content. google won't allow sopme videos and photos. and read it said they are putting restrictions on explicit content starting next month user wills no longer be able to pose nude photos or pictures of a sexual nature without the consent. this move follows criticism of leaked nude celebrity photos. apple was changing the way it operates the genius bars. it will be based on urgency. according to the website the change will happen march the 9th at stores nationwide. genius bar appointments are first come, first serve but soon a broken iphone will take priority over i cloud. coming up, i continue my

series on my trip to afghanistan with the non-profit to meet the new president. you're going to meet some of the brave women who work in cobble. that is tonight at 6:00. great reporting, tune in, please. here he comes. up next how batkid is about to take san jose by storm. customers of comcast dish and direct tv can now use watch abc to see abc 7 news live with new episodes of all your favorite shows on your smart phone tablet or computer. now to get started, visit abc7news.com

in our house, we do just about everything online. and our old internet just wasn't cutting it. so i switched us from u-verse to xfinity. they have the fastest, most reliable internet. which is perfect for me, because i think everything should just work. works? works. works! works? works. works. . ama daetz, illegal gambling

what swat teams found. also california's rash of rail accidents, see what truck drivers are taught to stay safe near the tracks and hiring a pi to dig up dirt on your dates is more common than you think but is it worth the price? that's coming up at 6:00. >> we'll see you then. thanks. one of the biggest international film festivals in the bay area opens tonight. >> yeah, and the documentary that will kick it off feature as boy we know pretty well. >> people were going nuts i mean seriously it was like brad pitt just walked in. >> it is batkid begins. the inspiring bay area story about a leukemia patient. >> it feature 200 films from 50 countries. it runs through march 8th. batkid, a little star. >> how nice to do that again. thanks for joining us i'm cheryl

jennings. >> i'm dan ashley. we appreciate your time and we'll see you again at 6:00. on this tuesday night, the commuter train collision. the fiery explosion. slamming into a truck on the tracks. the cars flipping. victims treated on the scene and our team is right there. leveled. the neighborhood worried about the smell of gas. workers arriving to investigate. then, the explosion. the workers raced to the hospital. the deadly driving across the south. 12 states covered in ice. the truck dangling from the highway. and tonight, the cruise ships now stuck at sea. under fire. the head of veterans affairs brought in to repair the v.a., now apologizing after saying he served in special forces when he didn't. martha raddatz standing by. and is this the new face on the front lines against isis? the 28-year-old american who left the u.s. to take them on. >> look on that road. you'll see isis flags.