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keeping vaccine distributions share. why local leaders are concerned and what they lan to do about it. >> tuesday night dozens of people came to this marin county parking lot to see thousands of birds. i'll tell you what happened in my story. >> for weeks this danville restaurant defied the dining order. they were finally shutdown. today they had a meeting with the county. we'll tell you what happened. >> hit or miss showers tomorrow. we'll let you know who is likely to get wealth. wet. abc7 news at 11:00 starts now. >> announcer: building for a better future. this is abc7 news. >> developing "nightly news." you are looking live at fulton county, georgia, where the votes are still, counted in tonight's high stakes runoff election. good evening. both of the state's u.s. senate seats are on the line. >> if republicans win even one of those seats, they will keep control of the senate and we do have some breaking news.

abc news is calling one of the races for democrat rafael warnock over republican kelly loeffler. he had a lead of 35,000 votes. he spoke a short time ago. >> we proved that with hope, hard work, and the people by our side, anything is possible. >> the other race in georgia a virtual tie between incumbent republican senator david perdue and democrat jon ossoff, with 98% of votes being reported. they're split by just 1300 votes, razor thin margin. abc news reporter shailene shaw is in atlanta. >> reporter: the balance of power could be flipped in the senate and determine the trajectory of joe biden's presidency. incumbent republican 11:00 letter not accepting defeat and warnock suggesting victory. >> we have a path to victory and

we're staying on it. this is a game of inches. we're going to win this election. we're going to save this country. >> i am going to the senate to work for all of georgia. >> reporter: many voters are aware of how consequential a vote for republican senator and david perdue or their challengers rafael warnock and jon ossoff could be for both their state and the nation. >> it's a lot. my phone has been vibrating. you have a voting plan? do you plan to vote? >> reporter: results show both races neck and neck if both democrats win, they'll control 50 seats in the senate as will republicans, with vice president elect kamala harris as the tie breaker. president trump has been trying to do everything in his power to keep that from happening. during a rally for the republicans in georgia monday, he rallied against election officials but also insisted he won the november election in the state. >> there's no way we lost georgia. there's no way. it was a rigged election.

>> reporter: the state's election officials who are all republican find themselves in a tricky position. >> the secretary of state said all votes are going to count. >> reporter: we should know at that point how many votes are still outstanding. abc news, atlanta. >> as congress prepares to certify the results of the november election, president trump is making another push to stay in power. he's now pressuring vice president pence to intervene in the process. tomorrow pence will preside over the joint session of congress as the electoral votes are formally counted. president trump claims pence has the power to reject fraud leaptly chosen electors. that claim, though, is false. >> to the coronavirus in the south bay, concern tonight that there is not enough accountability when it comes to vaccine distribution. and that spurred a plan from two santa clara county supervisors tonight. as abc7 news reporter kris reyes reports, it could include fines. >> we don't have a day to spare. we have to get this as close to

perfect as it is humanly possible to do. >> reporter: supervisor joe submitian says he wants to provide health care providers to submit a formal distribution plan. at what point did you feel this was necessary? >> there's no way now for us to provide oversight let alone enforcement without access to those plans. >> reporter: councilmember carrasco welcomes the move. she represents a drilistrict ha hit by covid-19. are you concerned that without a plan your community might get left behind? >> oh, absolutely for sure. the communities being hit the hardest, they all tend to necessarily advocate for themselves. >> reporter: last summer some health care providers in the county were fined for not doing enough covid-19 testing. stanford health just had to issue an apology for not giving some of their front line workers vaccine priority. supervisor smittian said consequence could be a real possibility. >> i'm hopeful and i am

optimistic that we'll be in a better place on vaccines. >> reporter: the board of supervisors will discuss next week whether to use a public health order or an ordinance to get health care providers to comply. in san jose, kris reyes for abc7 news. >> new developments, an east bay restaurant defying the outdoor ban has been shutdown. the eatery racked up thousands of dollars in fines. abc7 news reporter unser hassan is in danville with why the county finally forced it to close. >> reporter: the restaurant is finally closed at least for outdoor dining. the owners defied the covid-19 outdoor dining ban for weeks. last friday the county finally shut them down. >> causing a lot of upset amongst the neighboring restaurants that were complying. there is certainly an issue of fairness there. >> reporter: contra county health inspector says on monday the owner appealed to the county to be reopened. >> that also included a statement that he was going to comply with the health officer order including not allowing

on-site dining. >> reporter: tuesday afternoon a county inspector gave the restaurant the green light to reopen for take-out and delivery only. the restaurant owners refused to be interviewed, but off camera told abc7 news that take-out alone won't be enough to pay bills or their employees. >> i call that some kind of civil disobedience, i suppose. >> reporter: he and his daughter order take-out from incanto. folks like juan point to the cross fit gym opened just across the street. he said if people can exercise outdoors, why can't they eat outdoors at restaurants with covid-19 guidelines in place? >> hey, there's bills to be paid. that's how i feel. i mean, i would -- if it was me, i would be -- >> reporter: in danville, unser hassan, abc7 news. >> new at 11:00, some elective surgeries are being postponed because of a shortage of i.c.u. beds. a new state order says that nonessential surgeries will be delayed in counties with 10% or

less of i.c.u. capacity. the same goes for a region in the state where capacity is at 0%. right now that includes the san joaquin valley and southern california regions. it comes as the bay area continues to find itself walking a fine line in the fight against covid-19. >> did you not know the full impact of the december holidays? and it is plausible that we could see a sharp increase in cases followed by hospitalizations. >> san francisco is currently in a position to help accommodate patients from other counties at its hospitals, but public health director dr. grant colfax warns that could change quickly. >> our cases of covid-19 and unfortunately our deaths due to covid-19 in san francisco continue to increase. >> meantime, there are serious concerns about vaccine distribution across the state. nearly 900,000 doses are stuck in transit across california, but bay area health experts are urging the public to have patience. >> i will say that the size and

scale of this effort is unlike any we have ever seen. >> the san francisco department of public health has received go 30,000 vaccines, but only 6000 have actually been delivered to front line health care workers. >> new developments with the coronavirus outbreak in the kaiser permanente emergency department,ed number of people infected 60. one person has died. authorities say the outbreak may be linked to an infective employee who wore an air powered costume for christmas and danced around the e.r. at least one employee at the super market has covid following a party christmas eve. they supplied the food. workers ignored social distancing guidelines and many didn't wear masks. many of those who were at the party are now on leave and quarantining. >> lot more to come here. an emergency situation, what one northern california hospital did when its freezer full of covid

vaccine failed. >> sick mountain lion spotted in and around santa cruz. wildlife experts explain why they're especially concerned. >> people took to this balcony and this parking lot here in marin county on tuesday night to see thousands of birds. i'll tell you what happened in my story after the break. >> i'm meteorologist sandhya patel. tracking spotty showers tomorrow. i'll let you know if it's going to impact any of your commutes coming up. >> thanks, sandhya. first a look at what's coming up on jimmy kimmel live after abc7 news at 11:00. jimmy? >> thanks, dan and ama. >> my resolution is to shake hands with a human. i keep having dreams about people hugging me.

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this week on gma it's not just another weight loss series. no, no, no. what if we showed you how real people like you lost the weight they wanted, got in shape and felt great. join the movement, motivation nation on abc's "good morning america." >> new at 11:00, dr. dre is recovering tonight after being hospitalized in los angeles for a possible brain aneurism. he posted on social media he's doing great. he said he'll be home soon. it reports dr. dre was in the i.c.u. at one point but is doing better. >> that's good to hear. in the north bay a near disaster turned into a covid-19 vaccination story. the freezer storing the moderna vaccine at ukiah medical center broke down. by the time it was noticed there were two hours to use the

vaccine before it went bad. the hospital sprung into action and decided to skip the priority list, to start calling people to come and get their shot immediately. for some it was actually months ahead of schedule. >> it's astounding and i think -- i think it's heroic. i got a call shortly after 1:00. i got my vaccine at 1:30. and the vaccine expired at 2:00. >> that close. a total of 830 people were vaccinated. right now on our website you can see where you may fall in line to be vaccinated. answer a few questions on this calculator on abc7news.com. >> governor newsome has announced a $4 billion plan to help businesses survive the pandemic. it is part of a state budget proposal the governor is expected to unveil 0 r on friday. the plan includes immediate relief for small businesses, tax credits for new hires and a major jobs package that includes apprentice ships, housing development and green jobs.

and some good news for small businesses in san francisco. a fee waver totaling $5 million was for restaurant and entertainment venues. it impacts costs associated with a combination of permit fees, business registration fees, and taxes. >> there is growing concern in santa cruz over the sightings of two malnourished mountain lions. one of the animals was spotted yesterday in ben loman. the fish and wildlife discovered another sick mountain lion in the area. it died a few days later. animal conservationists are concerned about the cause of the illness. >> was it the fires? do they have no habitat? is the deer population so sparse in the santa cruz mountains because of the fires? is it chemical related, fire retardant in the water? i don't know. or is it poison? >> any sightings of mountain lions in santa cruz should be reported to wildlife emergency services immediately. >> if you've driven through

marin county in the past several weelkz, you may have seen a spec stack lar sight in the sky. thousands of birds involved in intricate dances at dusk. >> it's utterly fascinating. abc7 news reporter j.r. stone is in san rafael to explain what is behind that show. >> reporter: you're looking at a murmuration. you never heard of that term? a lot of us haven't. the most birds you've seen flying together and doing so oh, so elegantly. >> it's like 50,000 birds flying in unison. >> millions of birds flying in different formations and like swooping through. >> reporter: flocks of starling birds have been taking to the skies in san rafael. in fact, on tuesday night, word had gotten around and dozens of bird watchers, young and old, took to the cvs parking lot to try and catch a glimpse. >> i think i'm becoming a bird lover. birds are pretty cool. >> they can come from 5, 10, 20 miles away and they form these big gatherings because they're

safer in numbers. >> reporter: and for the second night in a row, no birds. but this isn't the first rodeo or birdeo for these watchers. it's been a busy few weeks. >> i almost crashed my car. all of a sudden i saw in the sky what looked to be these swarms, these dark clouds kind of like clustering in. i looked closer and i'm like, those are birds! >> synchronized flying in the sky. up as far as you could see. and then collapsing on themselves. it was just amazing, just absolutely -- jaw-dropping. >> reporter: j.r. stone, abc7 news. >> that gentleman used the exact phrase i was going to use, jaw-dropping jaw-dropping or gob smacked. so fascinating, ama. >> i love how you did the jaw drop. spot on. let's get to sandhya patel for weather. sandhya. >> hi there. yeah, dan and ama, isn't it something like birds of a feather flock together? i mean, that was really cool to

watch. all right. let me show you what's not so cool. we're running way behind in terms of rainfall. s.f.o., oakland, 27% of average. san jose you're only 19. and about 35 to 32% for santa rosa and san francisco. no doubt about it, our rainy season is falling behind compared to average. we do have two systems heading our way. the first one tomorrow, the second one thursday night into friday. unfortunately neither one will bring us any heavy rain or enough to make a big change in those seasons today. want to show you visibility right now. down to 5 to 6 miles in napa and fairfield where fog has formed. so be careful tomorrow morning. if you are commuting. temperatures right now 30s, 40, it is getting chilly outside. a lovely view from emeryville as we look back toward san francisco. that view will be changing as a level 1 system comes in. scattered light showers up to 2/10 of an inch in the north bay. little to no rain is expected in the south bay. as you look at the hour by hour

forecast, 11:00 tomorrow morning it looks like the system is going to hold together, but it really doesn't. so although there will be some rain in the north bay at 11:00 a.m., by 1:00 it starts to fall apart and spotty showers is all we're expecting going into about 5:00 p.m. in the afternoon, evening and early evening hours it pretty much tapers, fizzles out. in terms of rainfall totals anywhere from a few hundreds of an inch in novato to a quarter of an inch in clear lake, in the south bay, san jose, mountain view, peninsula into the east bay may not see any measurable rain so just be aware of that. i would just have the umbrella handy just in case you need it, especially if you're going to be out and about. tomorrow morning temperatures mid 30s to the upper 40s. there will be fog around. it's already here and the fog will be dense in spots, but i'm not expecting it to be as widespread as it was this morning. tomorrow afternoon temperatures in the upper 40s to the lower 50s. santa cruz, morgan hill area.

best shot at seeing any showers and measuring will be in the north bay. the accuweather seven-day forecast level 1 for tomorrow, another level 1 system for your friday morning, could see a few showers late night thursday. and then the weekend is dry. it's milder and then early next week we're going to a dry pattern as well. now, if the latest computer models are correct, then it looks like it's going to be a stretch of dry weather starting this weekend through the middle of the month. so we'll have to wait and see. it's not out of the ordinary to see a dry stretch in january. dan and ama? >> hopefully that rain comes right on back. thanks, sandhya. >> coming up, a baseball legend receives the first of two doses of the moder

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he got the coronavirus vaccine today.

he is 86 years old and got vaccinated to send a message to black americans. the shots are safe. a poll last month showed 40% of blacks said they would not get vaccinated. aaron said he had no qualms about rolling up his sleeve. >> i feel quite proud of myself for doing something like this. you know, it's just a small thing that can help zillions of people in this country. >> he served as health and human services secretary under george h.w. bush. >> all right. stay with us. let's get you a - ( phone ringing )es offers - big button,alized phones... and volume-enhanced phones. get details on this state program.

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only for a limited time. to learn more, go to sleepnumber.com. and accessoriesphones for your mobile phone. like this device to increase volume on your cell phone. - ( phone ringing ) - get details on this state program visit right now or call during business hours. >> announcer: now abc7 sports with larry beil. >> good evening.

devontae smith was 140 pounds in high school. oh, he's bulked up now to all of 175. tonight he's your heisman trophy winner. instead of everybody gathering in new york it was a virtual ceremony. other quarterbacks, trevor lawrence, matt jones. but smith led the nation in catches, receiving yards and receiving touchdowns. the alabama receiver becomes the first wide out to win the heisman in 29 years. >> to all the young kids out there that's not the biggest, not the strongest, just keep pushing 'cause i'm not the biggest. i've been doubted a lot just because of my size and really it just comes down to you put your mind to it you can do it. >> there's going to be some silver and black mixed with gold when the pro football hall of fame announces the class of 2021. 15 finalists just announced. among them charles woodson who had two stints with the silver and black. he's in his first year of

eligibility. he's going in. as is payton manning who ironically here, woodson picks off of this video. manning definitely going to canton. john lynch the finalist the 8th time. he started safety for tampa bay and denver. he would blow up receivers when that sort of thing was allowed. flores a coach and quarterback led the raiders to two super bowl titles. in the new coach category he's the only candidate. flores will be getting a new jacket. the inductees will be announced before super bowl. draymond green playing himself into shape. the warriors starting to gel. having won two in a row. coincidence? i think not. he sat out four games with a electric injury. his presence on the court really changes everything. >> having dray be our quarterback starts to look like it used to. >> steph is the flow. he creates the flow. and so, uh, you know, when he's

playing the way he's playing the last two nights, it allows everyone else to get into a flow. >> hockey medal game team usa and canada, usa up 1-0 in the second. on the doorstep he pokes it in. he's named the mvp. team usa wins 2-0. celebration on canada. heart broken and the usa takes home the gold medal. not quite, would you believe,

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and that's going to wrap it up for tonight. thank you so much for watching. i'm ama daetz. >> and i'm dan ashley. for sandhya patel, larry beil, all of us here, we appreciate your time. right now on jimmy kimmel, jim

parsons. we'll see you tomorrow. ♪ ba-da-ba ♪ ba-da-ba ♪ jimmy kimmel live back at home! >> jimmy: hi, i'm jimmy, i'm the host of the show. coming to you from my house, again. we will be here for at least the next couple of weeks. which is not great, but not terrible either. at least i'm close to the refrigerator. and here, nobody steals my lunch. we had a big election today in georgia, we have a possible showdown brewing between donald trump and vice poodle mike pence. and we will get to all of that, but first i'll tell you what the big story is in my house. toys. we have a lot of toys. and some of them i've grown to hate. two in particular were gift for ou