ives you more to stream to any screen. download the xfinity tv app today. . a car drives off niles canyon road in the same spot and into the same creek where a teenager drove her car into last weekend. this time the driver is known to have survives. i'm natasha zouves. >> and i'm kristen zse. the man whose car plunged into a raging creek managed to break out of the sinking car and swim to safety. but officials are now urging extreme caution on the road in the fremont area after the second incident in one week. matt keller is live with the story. >> reporter: i talked to a chp spokesperson about an hour ago

and he can't remember the last time a car went into the alameda creek and now it has happened twice in less than a week. alameda creek is still roaring through niles canyon. even though the rain has stopped. around 5:00 this morning, a 27-year-old man from patterson was driving to work on niles canyon road in his gold chevy cruz when he fell asleep at the wheel. >> when he woke up half way through a turn and overcorrected and ended up in the creek. >> he was able to break through his already damaged windshield. >> when he swam to shore, he received cuts from rocks. >> someone called 911 and good samaritans stopped to help him until emergency crews arrived at the scene. he was taken to the hospital and is expected to be okay. this story could have been different. on saturday, jada jenkins crashed into the creek. her car was found, but jada is still missing. both cars ended up coming to rest in nearly the identical spot. but the conditions today had changed dramatically compared to

saturday. >> on saturday, the water was -- i mean, eight to nine feet higher than what it is now. it is closer to the roadway. today, he was lucky that -- it would have been saturday, the same thing, it would have probably ended up different. >> reporter: the fremont fire department said jada's family is searching in niles canyon today. as for the car that went into the water today, this morning, they say it could take a couple of days before they are able to tow it out. live in dublin, matt keller, abc 7 news. >> thank you. police in the south bay are looking for a man they say hit an officer with his car. it happened early this morning when santa clara police checked out a suspicious vehicle outside of a 24 hour fitness along the city line. and officers discovered the driver had outstanding arrest warrants. they tried to get him out of the car but he drove off. that officer wasn't hurt. police last saw the driver on the lawrence expressway.

pg&e just received a maximum fine for the explosion that killed eight people in san bruno. pg&e is ordered to pay $3 million in fines for violating pipeline safety rules and obstructing investigators after the explosion. the utility was found guilty last summer on six felony counts. they will be on probation for five years and also -- must by tv commercials and newspaper ads detailing its role in the tragedy and explaining how it is working to prevent future disasters. happening now, president trump is in philadelphia meeting with gop leaders. from there he is set to return to washington where he is expected to sign a new executive order limiting the u.s. refugee program. this is all happening as sparks fly over the wall he wants to build on the border with mexico. just this morning mexico and the u.s. decided to cancel a planned meeting. here is reporter elizabeth hur. >> house speaker paul ryan in philadelphia, first addressing the gop's agenda.

>> our members are excited. we have a big, bold agenda we're working on. >> reporter: then affirming the party stands behind the new administration. >> we are on the same page with the white house. >> reporter: apparently on most issues when asked about torture. >> and torture is illegal. and torture is not legal. so -- and we agree with it not being legal. >> reporter: but in this exclusive interview, president trump told abc news he believes waterboarding works but he will follow guidance from his defense secretary and cia director who have rejected it. president trump is also asking congress to investigate his unsubstantiated claims of voter fraud. >> you have people who are registered who are dead, who are illegals, who are in two states. you have people registered in two states. in new york and in new jersey. they vote twice. there are millions of votes, in my opinion. now -- >> in regards to border security, the president is promising to build that wall and

claims mexico will pay for it. but overnight mexico's president once guenin sifted his country will not pay for a border wall. today president trump had this response -- tweeting, if mexico is unwilling to pay for the badly needed wall, then it would be better to cancel the upcoming meeting. >> reporter: and the mexico president fired back also in a tweet saying, he has just informed the white house that meeting is now off. elizabeth hur, abc news, philadelphia. after a historic day on wall street, stocks continue to surge. you're looking at the dow right now. up 25 points. stands at 20094 and the index closed above 20,000 above the mark yesterday for the first time ever. experts say the market is reacting to the prospect of lower taxes and deregulation and increase s infrastructure spending under president trump.

the average savings account has added $6,000 since the election and whether the bull market continues may depend on the president's next steps. demonstrators are planning to line the streets of san francisco to protest the keystone and dakota access pipelines. the president cleared the way for the project to move forward. tonight organizers in san francisco plan on demonstrating outside of the federal building holding signs and candles. san francisco mayor ed lee promises to key the city a sanctuary city despite president trump's threat of denying federal funding. mayor lee took a stand on the issue yesterday. he is now delivering his state of the city address. the annual address is a chance for the mayor to talk about the city's progress and its future. happening today, contra costa supervisors will need to ratify a state of emergency because of recent storm damage. this washed out road in pinole is just one example of that. flooding and mudslides and sinkholes have caused an

estimated $9 million in damage in contra costa county so far. the declaration lets the county apply for state and federal aid. new this midday, a major new headline about the california drought on the heels of the news we are out of a drought here in northern california, officially. now the state is hitting another positive benchmark. mike nicco is here to explain. >> nice to bring you some great news once again. hi, everybody. last weekend as kristen said, the entire bay area out of the drought. now we spread that across the rest of the state. here we are last week -- we are about 25% of the state was in the two worst categories, extreme and exceptional and now look at what happened, because of all of the rain last week and through the weekend. and now only 2% of the state is in an extreme drought. and let's just see what is going on here in the bay area. just barely, the southern tip of the santa clara county is dry to even moderate. so all of us are out of the drought and it continues to spread across the state.

remember, this is temporary, though. it it could change if the rest of the rain season dries, so remember to keep using those water safety tips that have helped us get rid of the drought. natasha. >> thank you. top new data for b.a.r.t. a new survey said the agency has the lowest rider approval rating ever. b.a.r.t. is not surprised. we are live in walnut creek with the issues that are topping the list for riders. hi, alyssa. >> reporter: more than 5,000 riders were surveyed for the customer satisfaction report and a lot of them want to see a more reliable system. that includes working elevators and feeling confident that b.a.r.t. trains will get them where they need to go on time. already today we've seen a few delays because of equipment problems. but b.a.r.t. officials say that plans are in the works. while b.a.r.t. ridership ais the an all-time high, satisfaction has hit a new low. the lowest in 20 years. 69% of riders surveyed are

satisfied with the overall services. a big change from 84% in 2012. rebecca, president of the b.a.r.t. board said she's not surprised. >> we really understand that it's hard right now on b.a.r.t. it's very crowded and there are delays and we are working very hard on it. >> reporter: riders biggest complaints, the noise and lack of seats and standing room and with passengers packed like sardines during commute times an the reliability of elevator and the delays. i talked to some riders. >> it is only bad if the trains back up or people crowd in by the doors and because they can't -- there is no seats. that is -- that's sometimes a problem. >> reporter: heather leaves early enough to avoid the crowds but would like to see improvements. >> a cleaner b.a.r.t. system. some stations are in really poor shape, filthy and disgusting. i would love to see bathrooms available to the riders.

and there is relief on the way. >> reporter: a $3.5 billion bond measure was passed by voters to help repair tracks and help work on the electrical system. and there are also new train cars rolling in later this year. so the b.a.r.t. board just urges riders to be patient. reporting live at the walnut creek b.a.r.t. station, alyssa harrington, abc 7 news. and if you would like so see the survey for yourself, we posted this on our abc news app and abc7news.com. there are a lot of interesting numbers and statistics and we want to know what you think about all of this. post your comments on social media with the hashtag and we might show them on the air. up next, the major decision expected today and why it is forcing lawmakers to scare off again u.c. leaders. and remembering mary tyler moore, the mark she left on so

. new this morning in the south bay, the chp is investigating a crash involving a critical care transport vehicle in san jose. take a look. witnesses say it rolled over several times on highway 237 before finally coming to rest on the off-ramp. the driver has not been identified but wearing an emt uniform. he called for help after the accident and was taken to the hospital with minor injuries. no other passengers were in that car. happening today, golden gate bridge officials could approve

$2 million to pay the chp during construction of the new suicide barrier. according to sf gate, crews would be working at night for up to four years. with limited space, they'll have to block off sidewalks and part of the road. that means they need the chp to manage the traffic impact. the $2 million would pay for 22,000 work hours for officers. today uc regents are voting on a tuition increase for the first time in seven years. they are meeting in san francisco. if approved, tuition would go up by 2.5% or about $280 a year. at all ten u.c. campuses, bumping tuition to $11,500 a year. officials say financial aid would cover the extra cost for about two-thirds of all students. state lawmakers opposed to the tuition hike said the university system needs to cut spending before considering an increase. this morning mary tyler moore is being remembered as a legend who broke ground for women in television.

the mary tyler moore was a revelation for many viewers showing a single and outspoken woman in her early 40s in a newsroom dominated by men. at a young age she dreamed of being a dancer and her break out moment came on the dick van dyke show and now he is remembering his friend as incredibly genuine. >> she was the person that you saw. she was exactly what you see, is what you get with her. that's who she was. >> the icon died yesterday at age 80 from cardiac arrest brought on by pneumonia. abc news has announced a special edition of 20/20 to honor her, called "mary tyler moore: after all", airing here friday at 10:00. and making live easier for parents on the go. then the warriors look to take the winning ways to the big easy. the announcement we're waiting

on today about some of the dubs top stars. and a live look right now at our camera, heavenly mountain resort in lake tahoe where there is plenty of snow this year. meteorologist mike nicco is coming up with the accuweather

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can you believe not a single square inch of the state is in the exceptional drought right now. it has been a long three years. we are going to get a break for a couple of days, enjoy the sunshine and the warmer weather. you could see the sunshine developing on live doppler 7 as i overlayed the satellite layer and the clear and dryer air

moving from north to south and on the golden gate bridge pushing off shore and that is a drying and a clearing breeze. and that is why that looks gorgeous on the golden gate bridge. mostly sunny today and minor warming. brighter and milder through the weekend. temperatures above average and then unsettled weather, you'll need the umbrella again next wednesday. temperatures four degrees warmer than this time yesterday. 49 in san mateo, vallejo and antioch, livermore and los gatos, livermore 47 and everybody else in the low to mid-50s and the destination is the mid-50s. from 54 to 56 degrees. oakland and san jose leading the charge to some of the warmest temperatures. from the east bay hills, a little haze out there and not spare the air day just moisture in the air. temperatures range from 51 to 55. at 4:00 we're still hanging in there. 53 to 54 degrees but once the sun sets we're back in the 40s and well into the mid-40s by 8:00 with a light breeze.

if if you are thinking about going to coast and soaking up sunshine, it is noisy out there. thunderous waves and breaks up to 20 feet. so watch out for that and strong rib currents and sneaker waves trough 3:00 tomorrow morning. lows tonight are cooler than this morning. we'll have the cloud cover to blanket us. we'll have frost in our deepest inland valleys and low to mid-30s and mid-30s in the south bay to mid-40s around -- excuse me -- san francisco. there is a light chance of some fog so we'll keep an eye on the potential for black ice tomorrow morning. alexis and i will be in here during the morning show from 4:307:00. our next storm, still a one and a long way away. next wednesday. a light system with rainfall amounts probably a quarter to three quarters of an inch and breezy at time but not expecting damage or flooding and that is why it is a one. my accuweather seven-day forecast, we'll hit the mid to upper 50s tomorrow after the cooler start. it will take a while for the sunshine to rebound as we usher in the lunar new year, 60 around

the bay on saturday and we'll include inland neighborhoods on sunday include the coast monday and then we'll see increasing clouds and that will dim our sunshine enough to start a cooling trend on tuesday and get ready for the wet weather and temperatures back below average in the mid-50s on wednesday. >> a bit of a reprieve. >> a little bit. some of us are still growing and overgrowing for the chance to get out there and doing work there. >> thanks, mike. >> you bet. patierents, here is positiv news if you have little ones, changing tables are required in both men and women's restrooms in public facilities in berkeley. they approved the requirement, similar to the legislation signed last october by former president obama. that legislation requires all federal buildings open to the public to have diaper changing stations in both men and women's restrooms. berkeley city manager still needs to determine exactly how the requirement will be enforced. dub nation is ready for a big announcement today. how many warriors will travel to the all-star game this year.

the nba is announcing this afternoon the reserves for the game in new orleans next month. steph curry and kevin durant has been named starters. klay thompson and draymond green have a good shot of being named to the reserves and with steve kerr as coach, wouldn't it be great if he put all four warriors on the court at the same time. it could happen. probably won't, but it could. let's just see what happens. speaking of the dubs, abc 7 is your home for saturday's showdown against the rival the l.a. clippers. coverage of the action from oracle starts at 5:00 p.m. followed by after the game with larry beil, mike shumann and donald on abc 7. >> very nice. >> this could be one of the most epic photo bombs you will ever see. >> cue the jaw's music. a young surfer talking about sharing the wave with a shark and what he did when you saw this photo.

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welcome back, the north bay's first passenger rail line in 60 years is expected to start in the spring and marin want to make sure that county workers have easy access. they say they are launching a free shuttle service to let county workers to and from

offices and the smart stations. it is part of a one-year pilot program. >> today on the news at 4:00, something new is coming to the super bowl this year. what you will see outside of the game that you've never seen before. and before you buy, tonight on abc 7 news at 5:00, the cars you might want to reconsider before you drive them off the lot. >> a 10-year-old surfer said he had no idea he was sharing a wave with a shark until he saw this photo. >> and here is a closer look. do you see that? it is a shark. he had the tip of the his surf board. this was taken at an australian beach. chris said he was taking pictures of his son when the photo bombing shark caught his eye. he said he took a second look and thought, no way. he quickly called out to his son telling him it was time to get out of the water. >> i was shocked but i wasn't too scared because it just happened and if i was on the wave and i saw it, i probably would have freaked out and fell off. i was lucky i didn't fall off.

>> oh, my goodness. well experts have analyzed this photo in case of you cynics think this looks like a fake. no, they think this is real and that is a juvenile great white about eight feet long. >> just a cute little baby shark. >> oh, totally. >> thank you for joining us. >> good-bye.

>> today, on this stage, one lucky player will begin their journey toward a possible $1 million prize, and you'll be there with them for every second of the drama. this is "who wants to be a millionaire." [cheers and applause] [dramatic music] ♪ hey, everybody! welcome to the show. are you guys ready to play "millionaire" today? [cheers and applause] me too. our returning contestant is a stay-at-home mom who is, as it turns out, quite a risk-taker. she just got the question right for $30,000, and now, she's on the cusp of that $50,000 threshold, so let's welcome her back. from las vegas, nevada, here she is, lorena korbel! [cheers and applause] lorena. >> hi, chris. >> welcome back. >> thank you. [cheers and applause] [sighs] >> welcome back. >> thank you. >> we'll