>> next at 5:00 a brazen restaurant robbery in the east bay caught on camera. and tonight, the restaurant owner is speaking out calling one of her regular customers a hero. >> the san francisco district attorney levels serious allegations against the police department. accusing investigators of violating the rights of rape victims. and improperly using rape kit d.n.a. >> plus reducing wildfire risk and insurance rates. how the state hopes to incentivize insurance companies to help those most at risk. announcer: from abc7, live breaking news. >> we begin with that breaking news out of oakland. a fire at a high-rise tower near 880 and 90980. there are several ambulances and all those fire engines as well. the ladder trucks at the scene on seventh and market street. >> and we want to show you this.

two people climbing over their balcony and onto a fire engine ladder as smoke comes out of the area near their apartment. fire officials confirm several people were hurt including firefighters. the fire department says this is a housing authority residential tower. the fire is out, thank goodness. but there is a large fire department response and people are being asked to avoid that area of market street between seventh and 10th. good evening. thank you for joining us. i'm dan ashley. ama: i'm ama daetz. you are watching abc7 news at 5:00. live here on abc7 and streaming live on the abc7 bay area app. right now, in san francisco, a special election is under way. after months of debate, and $3 million, san francisco voters are being asked if they want to recall three school board members. it's never happened before in history of that school board. abc7 news senior education reporter lean lean -- lean menell des what happens next. reporter: when these three school board members took office they vowed to work on issues of

equity and social justice. on their to do list, covering up what some consider what were offensive murals at george washington high renaming schools and changing the admissions policy at lowell high school to allow for more students of color. then came the covid pandemic. the school board was criticized for not pivoting quickly enough to focus instead on reopening schools, even when the health department said it was safe to do so. >> in school board chose to rename schools instead of reopening them. and they put our kids through suffering, through zoom school longer than necessary. reporter: when a group of voters began collecting signatures for a recall, allison collins, lopez, and maluga turned to their supporters. >> stand here and to know that we are in support of allison. [applause] reporter: those supporters have said outside interest groups are behind this recall race. >> having people that are aligned with you and will vote the way you want them to vote, you're basically able to buy

public policy. reporter: are -- why are they facing a recall and not the entire board? in order to face a recall, a school board member must have served at least one year after being elected. none of the other four qualified. >> after careful consideration, i decided to support the recall wholeheartedly. reporter: if the recall is successful, mayor london breed will appoint new school board members. but first, the department of elections must certify the results. the board of supervisors must then declare those election results. 10 days later, lopez collins and malega could be out of a job as early as march 10. only one board member, lopez, has given a slight indication as to what she might do if recalled. lopez recently tweeted that she has been accepted to stanford's graduate school of education as

a ph.d. candidate. in san francisco, leanne melendez, abc7 news. ama: in addition to the school board recall, voters in assembly district 17 are picking a new assembly member. to fill a vacancy left by david chu who when he was appointed as city attorney. and joaquin torres is running unopposed for the city assessor position after being appointed by mayor london breed in january of 2021. dan: serious allegations tonight from the san francisco district attorney accusing the police department of using stored d.n.a. of rape kit victims to solve unrelated crimes. it's a practice that the d.a. claims is illegal but the city attorney and police chief say it's a matter still being investigated. abc7 news reporter steph steph is in the newsroom with the very latest on this. reporter: the sfpd crime lab told him storing d.n.a. from every rape indicate collected is routine practice. and has been happening since 2016. if not earlier. he made it clear today, this is a statewide problem that his

office could only point to one specific case. district attorney chase vudin is calling out sfpd alleging the department is accessing rape kit d.n.a. in a lawen format database and using it to identify suspects in other unrelated crimes. >> our conversations with leadership at the sfpd crime lab suggests that this is a routine practice not only in san francisco but at other crime labs across the state. reporter: d.a.budin one specific case a woman who was recently arrested for a felony property crime. based on her d.n.a. collected at a 2016 rape exam following a domestic violence incident. >> when were you first made aware of this particular case? >> a couple of days ago at the end of last week. reporter: sfpd told the abc7 i-team they are investigate whrg this happened and since informed a d.n.a. hit for this individual from a non-victim database. >> were you awar of that? >> i want to be really clear about a couple of things. one of the reasons that we're all standing here today is because of a commitment to

privacy, for survivors of sexual assault. and because of that, i am not going to get into the details of one specific case. reporter: police chief bill scott wrote a following statement we inust never create disincentives for crime victims to cooperate with police and if it's true that d.n.a. collected from a rape or sexual assault victim has been used by sfpd to identify and apprehend that person as a suspect in another crime, i'm committed to ending the practice. the controversy surrounding this issue stems from this form. following any rape, a forensic medical report is conducted. on the form a patient consent section that allows the victim to consent to a medical examination, treatment and evidence collection. >> but there is no mention anywhere even in this fine print that d.n.a. submitted in this process can be used for purposes unrelated to the investigation and prosecution of sexual assault. reporter: d.a. made it clear this is a statewide problem adding he doesn't know how many thousands of cases may be implicated. yet his office was only able to

reference one case. speaking of that one case the d.a. has dropped it to -- dismissing the charges against the woman tied to a felony property crime through the d.n.a. of her rape kit. now, it is still unclear whether or not this practice is actually illegal. according to the city attorney's office. we're told that is still being investigated. in the newsroom, stephanie sierra, abc7 news. ama: stephanie, thank you. >> the key is our superhero, he saved all of us. and i'm so thankful for him. ama: victim turned hero. a brazen robbery involving a rifle inside an east bay restaurant was caught on camera. for this small business that has given so much to the community, they're asking now for support during what has been a challenging couple of years. abc7 news anchor has this story you'll only see on seven. reporter: owner of monkey king restaurant in alameda and oakland, linda fonton recalls the terrifying moments of january 11 when at about 6:30 in

the evening, a man and a woman walked into the location near alameda island brewing. and the man demanded another customer's wallet. >> he had a gym bag. a cross-body gym bag and took out a -- an assault rifle. and pointed it at the -- my customer. >> that customer who is a regular, struggled with the suspect in an attempt to disarm him. >> the suspect let out one shot. and good thing it hit the wall. reporter: and protect the 10 staff members working at the time. >> i was so frightening for the front house staff and we never experienced anything like this before. and our superhero and he saved all of us and i'm so thankful for him. reporter: during a time when small businesses are struggling due to covid. the monkey king is no exception. >> staff shortage. we have food shortage. reporter: alameda brewery location was broken into early in the pandemic. but despite all that's happened, linda and her family have chosen to focus on the positive. >> i think we get to society, we

mentor, we do -- cook for homeless shelter. we donate food to the food bank. we donate to soccer club. reporter: and hope the community will continue to support them and other businesses in the area during these challenging times. >> i want people to understand that small businesses and especially restaurants is -- i'm sorry. it's the. kara: bone of america. reporter: alameda police announced a valentine's day arrest for the rifle-wield suspect who was arrested on 11 felonies. his alleged accomplice is still at large. what do you want to come out of all of this? >> not be so soft on crime. i think that's more important than anything. because if you are soft they think they can get away with it and they will repeat it again and again. and it will be a citizen that will be suffering. reporter: in alameda, abc7 news. dan: in oakland eastbound interstate 580 is back open after being shut down for a

shooting investigation this morning. this was the scene from sky seven near the park boulevard exit. the c.h.p. says about 8:30 the driver of a honda c.r.v. reported, shot at what is believed to be a road rage incident. the honda was hit several times and a rear window was shattered but thankfully the driver not hurt. after the shooting the suspect drove away. several c.h.p. officers were on the scene searching for evidence. anyone with information is asked to contact the c.h.p. ama: new developments in -- between russia and ukraine. russia says it's drawing down forces along the u crane border. but president biden says the u.s. has no proof of that. president biden made an appeal today for diplomacy saying the united states and nato are not a threat to russia. he also issued a warning. >> if russia attacks ukraine, it will be met with overwhelming international condemnation. the world will not forget that russia chose needless death and destruction.

ama: u crane cyber security agency says a sears of cyber attacks knocked out its ministry of defense and armed forces websites as well as those of two major banks. and it's unknown who is responsible but the f.b.i. has been warning of a potential russian cyber attack amid the crisis. dan: still ahead here, most of the bay area is getting ready to ditch the indoor mask mandate. but we're going to tell you why some officials are advising that you keep one handy when you head out anyway. ama: plus the annual report on the state of silicon valley is out. what it shows about the population exodus, job openings and widening wea

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require a face covering. be prepared to -- for a variety of policies. >> carry a mask with you now because different places are going to require them. say even to enter where maybe you think no, there isn't. ama: have it handy. those are unvaccinated, however, will still be required to wear a face halving indoors. masks are still mandatory at schools although the state is going to revisit lifting that requirement at the end of the month. dan: silicon valley's annual report card is out. and it shows that tech companies continue to create jobs, wealth and the products that people need to work through the pandemic. but the silicon valley index also provides a look at the exodus to other cities and states along with the growing wealth gap. abc7 news reporter david louie has a look at the trends. david: it's true teles an exodus from silicon valley. it could be highed -- tied to the high cost of index. new data gives us a clearer picture of the migration. 40,000 people moved away in the past year. one third relocated to nearby

counties. one fourth to sacramento and other parts of northern california. the top three out of state destinations are all in the west. seattle, phoenix, and portland. even as austin managed to lure tesla and oracle, it ranks number seven. the jobs picture is rosy. 15,000 jobs added in a year's time putting the valley at pre-pandemic leaves. most of the jobs in tech. >> our top tech companies are still hiring. they're still adding to the workforce here. and they're still investing heavily in silicon valley. reporter: on top. exodus the valley is also seeing its population decline. due to a lower birth rate, the lowest in 42 years. a higher death rate as covid became the number three cause of death behind heart disease and cancer. and a decline in immigration due to federal policy changes. the annual silicon valley index also points out how the region lags in equity. nearly half of black households don't earn enough to be self-sufficient. his 90% for non-english speaking latino families with children. and with the loss of many service jobs during the

pandemic, one third of valley households require assistance from the government, churches, or community groups to get by. >> it also takes a renewed commitment on the part of our thriving industries to cast a wider net themselves. and -- to enlarge that pipeline and be creating opportunities, especially for our underrepresented minorities. reporter: even though 19 south bay cities raised their minimum wage to as much as $16.0 an hour that's $2 below what's needed to meet their basic needs. in san jose, david louie, abc7 news. ama: help for california communities that are the most at risk for wildfires. the new plan announced by the state insurance commissioner to

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ama: the state's devastating wildfires have had major impacts on home owners in the areas most at risk. one of the biggest challenges has been holding on to insurance especially at affordable rates. dan: but this week the state insurance commissioner announced new plan that he hopes will

help. abc7 news reporter zach zach spoke with him. reporter: the loss california wildfires have cost can hardly be quantified. that makes insurance for homeowners in areas of danger critical but staying insured hasn't been easy. >> our people had gotten dropped and couldn't find replacement coverage. and then when they did, it was three times the price. reporter: amy batch with the nonprofit united policy holders and said they have been working to address those issues and teaming up with four state agencies to issue what's called safer from wildfires. its new framework that lays out new standards to harden communities from wildfire. the goal is to protect homes and help homeowners get and maintain reasonable insurance rates. state insurance commissioner ricardo lara says they include having a fire resistant roof, clearing vegetation and debris, having at least five'of defensible space and more. the hope is that if entire communities participate, it will benefit those looking to get and stay insured. >> when i was in the dest communities, is i've done

everything to protect my home. but my neighbor hasn't. or it's maybe a second home for somebody. and hasn't treated the property as i have. reporter: bach says insurance companies can decide who they want to ensure but it could still provide the insured some protection. >> if there are two homes, and one of the homeowners has invested in reducing risk, and the other one hasn't, you can't charge them the same amount because that means you're collecting an excessive rate from the person who did the work. reporter: so far the commissioner says 12 insurance companies have agreed to offer discounts to those who participate in following the new standards. bach says a move in the right direction but more work still has to be done to help people meet those standards. >> setting up programs to provide both financial and technical assistance to homeowners so they can actually afford to do the things that we're now telling them to do. reporter: in the south bay, zach fuentes, abc7 news. dan: there was a minor celebration in the sierra today because of a slight dusting of snow earlier. take a look at this time lapse.

tweeted out by the national weather service. this was the first measurable snowfall in the sierra in 37 days. that's according to the central sierra know lab. so it's not a lot. but like here, every drop here and every flake there is welcome. ama: yeah, absolutely. but it doesn't look like we have any anytime soon, sandhya. sandhya: not anytime soon but we have some snow coming next week. dan: oh, good,. sandhya: for the sierra. sunday night going into monday. so that's actually good. it looks like they'll get more snow than they got this time around. let me show you a live picture from mount rose. it is windy up there. just like it is here. but be see there's some snow on the ground. so if you're thinking about going up to the mountains, certainly a couple of inches fell from homewood to palisades, two inches there, mount shasta an inch. we'll take t sira, nevada, right now is quiet. but they did see those snow showers come through over really the last 18 hours or so. and down south, we are tracking some high elevation snow, also

live doppler 7 tracking some showers. so just nice to be able to see some rain and snow in our state which is so parched. take a look at these live views from our golden state bridge camera to our roof camera. you can see that full moon coming up. south beach beautiful views. and a snowy mount rose. temperatures right now in the 50's. in the 60's. believe it or not. it is actually a milder one today. compared to yesterday as we had expected. a little gusty in spots. oakland right now at 20 miles per hour, same thing for san jose. at the higher elevations. a little bit stronger, on mount diablo, 31 mile an hour winds. we do have a wind advisory for solano county until 7:00 p.m. tonight. gusts could be as high as 40 and that means that's going to baloney insecured objects -- blow any insecured objects around. hour-by-hour winds will begin to ease going into tomorrow morning but still breezy right around solano county as we head into the late morning, early afternoon, still keeping it breezy in spots. but not as windy as what we've

experienced in the last 24 hours. all right. we do have a beach hazard statement. the wacha heights are coming up. 10 to 13 feet. 2:00 p.m. tomorrow until 7:00 p.m. thursday, at that a-long period northwest swell bringing the risk of rip currents and dangerous sneaker waves. so keep that in mind. breezy to gusty through tonight. lighter winds, warmer weather tomorrow. and we are expecting sierra snow sunday night into monday with a slight possibility of some rain showers here. all the moisture for now in southern california as we head toward tomorrow morning, quiets down and it's going to be a chilly one with that full moon tonight, temperatures in the low 30's to upper 40's. clear start to the day. and it is going to be a bright afternoon. certainly warmer than today. low 60's. to the low 70's for your wednesday afternoon. i do want to show you some shines of encouragement as we take this computer model all the way into sunday night and monday. the sierra starts to see the snow. here, can't rule out a couple of vinkless and maybe actually some rain on the 22nd now, that's just one computer model.

last night we had some drizzle and some sprinkles for parts of the bay area. it's a dry and mild to warm couple of days ahead. we'll cool it off a little bit over the weekend. bring in the winds. and who knows? perhaps even umbrella weather. wouldn't that be nice? slight chance. hey, if i keep talking about it, maybe it will happen. dan: yeah. sandhya: maybe we'll need those umbrellas really soon in all seriousness we need that rain. dan: wouldn't that be nice? thank you, sandhya. ama: a shortage of drivers has san francisco's muni system once again delaying plans to add service. the municipal transit agency has been trying to restore lines. the plan was to have them up and running again by march. but that's been slowed by covid-related employee absences in recent months. muni is also dealing with lower enrollment than expected. in its operator training classes and the m.t.a. is trying to get

dan: a quick reminder here that you can get our live newscast, breaking news, weather and more with our new abc7 bay area streaming tv app. on apple tv, android tv, fire tv, and roku. just search abc7 bay area and download it as soon as you have a chance. ama: finally tonight, an oakland nonprofit is going to benefit from the skyrocketing popularity

of the game wordle. dan: it's exploding. wordle is browser based. but some people are looking for it in their phone's app store and downloading a different game of the same name. steven created his app several years ago in fact and noticed an increase in downloads and ad revenue after the other game became popular. he reached out to josh wordle who created wordle that everyone has been playing. they decided the proceeds should be donated. the money is going to boost west oakland which tutors and mentors students. >> i've actually played both games before. so i've been invested in this and all of our students and families and tutors are all excited and downloading the game. so we're all very, very happy. dan: thresha -- ama: tylesha joined us and steven says he is finalizing the donation amount and hopes to come to the bay area in the next week or two. i admit i was one of they say people who thought it was an app and downloaded the app. dan: you were playing it.

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tonight, breaking news. tonight, breaking news. president biden before the american people. his warning tonight on russia. the president telling americans an attack is still distinctly possible. what they're seeing. the president saying the u.s. is ready to respond. tonight, the kremlin claims it has pulled back some of its troops near ukraine. the president saying the u.s. has seen no evidence of that. and what president biden told the russian people directly. and what he's telling americans tonight about being prepared for economic consequences here at home. terry moran in ukraine, cecilia vega at the white house, and martha raddatz tonight on what an attack could look like. also tonight, for the first time in american history, a gun manufacturer paying millions in a landmark settlement, in connection with a mass shooting