Hurt during a similar fire. Osha and the san mateo District Attorney are investigating this latest accident. It appears to be unusual but we trust that osha and the d. A. Will complete the investigation. To the breaking news, firefighters are battling a house fire in san jose. Our reporter is at the seen on 17th street near east santos. East san antonio . It has been busy for firefighters. I will let you look at the house that was oned this morning. The firefighters have to continue to go through the house and make sure there are no hotspots. This was a difficult firefight because of the age of the home build in 1907 and recently remodels. File fires say a couple was sleeping in their bedroom in the back of the house and one her the smoke alarm. Flames were at the front entry way and driveway. They escaped to the back of the property and firefighters say the home was made of old wood with two at ticks so it was difficult to put out all of the flames. There was a lot of water on the fire. The basement was filled with a foot of water, rather, 2 of water. The next door neighbors house was threatened. The fire broke some windows and peeled some paint. 17th street is blocked off. Firefighters expect to be on the scene for the next couple of hours as they go through this building and overhaul and make sure there are no hotspots. Matt keller for abc7. Bay area hospitals are taking extra precaution to contain the deadly flu that has kill a dozen people across the state. This flu tenth was outside the colleague that will Medical Center at san jose and doctors and nurses are using it to treat flu patients a few steps away from the main emergency room. We take patients there that are parents who should be discharged home, that are not critically ill and paramedics that patients we can treat quickly and away from the public. The flu has killed seven in the bay area some testing positive for h1n1 strain. You can protect yourselves by getting a flu shot. If you live in napa county, you can get a free flu shot from 1 00 oclock to 4 00 this afternoon at a drop in clinic in napa. Flu shots are available by appointment on mondays and wednesday. Foster farms hopes to reopen a laboratory after cleaning up cockroach infastation in livingston in the Central Valley. They say the federal inspectors found the cockroaches on tuesday, the four the time they have been discovered since september. The Agriculture Department said they can spread disease but they say no products have been affected and says and i quote, we maintain ongoing pest criminal program and a single incident is not acceptable and we are committed to zero tolerance policy. Amy hollyfield will have more on the Health Concerns reported infastation is raising. Parents of a team killed in asiana crash have filed a legal claim against San Francisco. A teen was hit by two San FranciscoFire Department trucks at the crash scene and the parent claim the firefighters knowingly put the 16yearold in harms way after the crash. The claim says she was killed as a result of gross negligence. If the city rejects the claim the family can file a lawsuit. Governor brown unveiling the proposed budget if the for the new fiscal year the 155 billion spending plan is 5 percent increase offer the country budget. The governor wants to eliminate the longterm debt by 2018 according to the early copy of the budget. He wants 1 billion next year to pay 9 debt down. The governor is proposing 45 billion for elementary and secondary schools up 4 billion using revenue from the prop 30 funds and Capital Gains tax. Katie marzullo has more on the budget at the top the hour. A bicyclist is recovering from injuries suffered after crashing interest a tow truck in San Francisco. It happened at 7th and full some in the south of market area before 7 00 last night. Police say the 40 year was riding the wrong way down a new bicycle lane and not wearing a helmet when she slammed interest a into a tow truck. Police say the tow truck driver is cooperating. The bicyclist could be cited for riding on the wrong side of road. Oakland police are asking for help finding a missing 28yearold yahoo programmer, friends say the oakland resident has not been heard from since new years eve and the friends think he celebrated the new year in San Francisco. He is 5 10 weighing up to 170 pounds with a number of tattoos. He is from new york and may have gone back to new york but his friends have not heard from him. Protesters will greet 9 new chairman of the federal Communications Commission when he visited the bay area today. He supported allowing Airline Passengers to use cell phones in flight. Groups like the California Brain Tumor Association and stop smart meters believe wheeler is unfit to head 9fcc with a conflict of interest because of past job as lobbyist for cell phone carriers. Three will speak in mountain you have this afternoon before headed to oakland in the evening. Temperatures are moving back into positive territory in the midwest and east coast after the deadly cold snap that cause Power Outages and left behind a messy clean up. Water pipes burst after water froze inside. A broken main in the street flooded a basement apartment in brooklyn, new york, with cars not stuck to the pavement after water leaked from the marines and froze in iowa. Man communities have to dig out from below tons and tons and tons of heavy snow. We dont have snow, perhaps that is the problem. In the sierra it is a problem. At home, it would be fun to see but it would mess up the commute. The wind chill are 18 below in green bay, ten below zero in chicago, and everyone else is above zero but fargo at minus five. The arctic air mass is retreating. Temperatures are 32 degrees warmer in fargo to 13 or foreign degrees or 14 degreeers warmer in new york and washington. We are up to three miles visibility in napa and six in oakland. Fog and drizzle is possible today. Mild in the mid40s on low 50s and by noon, it is over and the clouds break up and the sun starts shining through with temperatures in the mid50s. By 4 00 high clouds and sunshine, mid50 and clear tonight and cooler than the last couple of evenings around 50 degrees. Leyla gulen has the commute. We have a brand new stalled big rig on the bay bridge eastbound side as you make the commute away from Treasure Island you can see it is causing slowing and we have Construction Projects in the works in both directions. Watch out for that slowing things down and hopefully we will get it on its way. We have construction northbound 880 from high street to embarcadero and lanes are blocked until 5 00 and in los gatos northbound highway 17 twocar crash at lark avenue has a lane blocked and not seeing any delays. Here is a look at walnut creek southbound along 680 approaching highway 24, and now only a nineminute commute. We are learning new details about the condition of an oakland girl declared brain dead by doctors. The medical care the familys lawyer say jahi mcmath is getting this morning. A Transgender High School student who was the target bullying now faces charges. What happened as that has pushed her to the breaking point. And president ial with grands mini pot pies. Only four ingredients. And a few easy steps. Weeknight dinner in a flash. And my family devours them. Pillsbury grands biscuits. Make dinner pop. So i should probably get the last roll. Yeah but i practiced my bassoon. [ mom ] and i listened. [ brother ] i can do this. [ imitates robot ] everyone deserves ooey, gooey, pillsbury cinnamon rolls. Make the weekend pop. Covering novato, oakland land, sunnyvale, and all bay area this is abc7 news. Welcome back at 4 42. The 13yearold girl declared brain dead at Childrens Hospital oakland now has the breathing and feeding tube the family wanted. The family lawyer tells abc7 jahi mcmath is doing better at a new facility where she was taken on sunday. The attorney dolan say doctors inserted the tubes into jahi mcmath yesterday. She was declared brain dead last month following complications from tonsil surgery. He says doctors are optimistic the condition has stabilized and her health is improving. A transgender student whose fight against alleged bullies was caught on video and now she is face battery charges. She says she is the victim but she is being prosecuteed. Now from hercules. She spit gum in her hand and it was full of saliva and threw knit my face. She said she should charge the student with battery but, instead, that student is pressing misdemeanor battery charges against her. That is why i am so confused why this is 457ing. Guitierrez who is buy is identified as transgender and admitted. You cannot take it anymore. Her own adopted parents admit it was hard to accept her gender identity. You have to do what is right for your son or your daughter. You cannot rechange who they are. I dont know why the District Attorney would prosecute someone who has already been a victim of bullying. It is a further victimization of someone who has been a target of home officialia and trans phobia. I cannot discuss anything about a juvenile matter without a court order. Now jewyles is calling for the d. A. To drop the case against her. California secretary of state will now count signature by signature to see if enough registered voters signed a petition to overturn a new law that allows transgender students to use path rooms they match with their gender. A sample count appears to she the group failed to get enough signature to put a measure on the ballot in november. New jersey state senator will request a formal investigation into governor Chris Christies office and a scandal surrounding the George Washington bridge connecting new jersey to new york city. The bridge connects for the lee new jersey to manhattan, a major thoroughfare. Emails obtained by abc reveal that christie aides orchestrated traffic jams as legal pay back to the democratic mayor of for the lee who refused to endorse the republican candidate. Christie called this inappropriate, and says it was done without his knowledge, and turns the town into a paing lot for days. Who would close down access to the busiest bridge in the word to send me a message . Gridlock impacted emergency vehicles and may have led to death of an elderly patient trying to get to the hospital. Christie has not announced any firing. President obama and Vice President biden will discuss central reforms to the National Security agency. The white house is consulting with lowers in high ranking members of the Senate Intelligence and Judiciary Committee and privacy advocates and intelligence officials. Sources say president obama is likely to tighten restrictions on spying on foreign leaders and is considering limiting the n. S. A. Access to americans phone records. There is still a chance another game could be played at candlestick party on sunday but many fans are already buying up seats which are being sold because the constitutional will be torn down after the season. 3,000 pairs have been purchased since they went on sail at 650 a pair so nearly 2 million has been raised so far. The money goes to San Franciscos rec and Parks Department but there are plenty of seats left but the price such, now a pair costs 750. Here is a furry guy taking on the panthers this weekend. Mail your fan photos to us at ureport kgotv. Com. You can share them with us on facebook or twitter. There is a canine that will get himself interest some panthers. Translating the woof woof, that means go 49ers. A lot of panthers in carolina. That is what i thought. Panthers . Panthers in North Carolina . Will it rain . Still a chance. I will show you what is going on. At home we have a chance of rain. I will have the forecast but it still looks to be in the upper 60s in the next weather. I will focus on the commute, a line cloud cover moving north to south across clear lake and santa rosa and down to the beach pushing through. This is the budget chance for any drizzle and fog to form and you can see not a radar return anywhere on live doppler 7 hd. Good morning to you south bay, mid40s to near 50 and Santa Theresa is the warm spot at 50, and san jose is 48, the cool spot, and 43 in saratoga, campbell is at 44. We have 50 at alameda and 51 in San Francisco and newark and 51 in san pablo and midtoupper 40s in the north bay and east bay valley. Today, look at emeryville, there was a bunch of fog we could not see and now we can and we will have partly cloudy and warmer conditions. Next chance of rain is saturday and not a good chance warming to record highs, next week is a better chance. We will hang out in the midtoupper 50s along the coast. Upper 50s to low 60s and temperatures one or two or three degrees warmer than yesterday. Tonight the lows are cooler because of partly cloudy sky. Upper 30s to mid40s an the bay shore. San francisco is around 47. The front shows at the who of radar returns with it but now they are gone. The system moves to the north and the weak system passing through so it will bring us a chance of drizzle. Saturdays storm looks more impressive and probably going do miss us. Spotty drizzle and define the area between 10 and noon, spotty conditions. The next front is at Mendocino County and that is it the then it heads to the north. The sevenday forecast shows tomorrow is warmer because of sunshine. We are between systems. In the mid50 to low 60s on saturday. A chance of rain across the north bay. Sunday has temperatures warming into monday. Tuesday and wednesday, 70s could be back in the forecast which would be record highs. We have an accident over the Altamont Pass as you travel between Altamont Pass and grant line accident. A car hit a bull and the bull is injured. We have damage to the vehicle. Possible lane blockage. Looks lie the amount pass is starting to slow down. A buildup of congestion making the push away from tracy to dublin. As we take you back over to the bay bridge, this is clear eastbound side beyond Treasure Island with an early big rig stalled. Green conditions, and a look outside into san jose, this is north bound 87 beyond the julian street offramp you can see it is empty so clear drive through san jose. It is 4 50. Spring training doesnt get underway if a few weeks but amendments can buy tickets for the annual fanfest value that takes place on saturday, february 8 at the coliseum and arena and fans have a chance to get autographs with favorite current as and former players and take part in questionandanswer signatures with players and the front staff at 10. Dennis rodman apologized for an outburst of an american held captive in north korea. What he is blaming for his outrageous comments. A van goes down a sierra Mountain Road and the drivers Mountain Road and the drivers desperate call worst morning ever. [ angelic music plays ] toaster strudel best morning ever [ hans ] warm, flaky, gooey. Toaster strudel [ female announcer ] try new pillsbury heatngo mini pancakes. [ male announcer ] dont wait for awesome. Totinos pizza rolls gets you there in just 60 seconds. But add some sauce, pepperoni and cheese and fold up the crescent dough and presto, tuesday night just became crescent pizza pockettastic pillsbury crescents. Make dinner pop. He loves me. He loves me not. He loves me. He loves me not. He loves me thats right. [ mom ] warm and flaky in 15, everyone loves pillsbury grands [ girl ] make dinner pop target will fire to fill 300 positions at a new star in san jose. The company is holding a two day job fair starting this morning. Recruiters take applications and do interviews. Usually hundreds are drawn is are encouraged to show up early. The store opens in march in the Village Oaks Shopping Center in south san jose. Details including the location and time are on our website at abc abc7news. Com. Former nba star Dennis Rodman is apologizing for remarks about an machine missionary in prison in north korea a day after rodman organized a game in honor of north Korean Leader kim jongun on his birthday. The two are friends. Forth koreas communist government is holding missionary kenneth bae for antistate crimes. Rodman employed that bae was at fault in an interview. Human Rights Groups have criticized rodman for not using his influence to free bae. Mike nicco has the weather. The game forecast in charlotte, best chance of rain is in the morning and right now, most of the models are picking up dry and clearing trend by early afternoon. We hope that happens. Then everyone can get equal chance of good weather. With our roof camera the low clouds are hanging out and temperatures are one to three degrees warmer this afternoon. Notice the radar returns, a few to the north and that is mostly where they will stay. Our best chance of drizzle this morning and Central Valley in the lowtomid 60s and 48 degrees today. Safe travels. We still have an issue over the Altamont Pass at grant line road where a vehicle hit a bull. Be careful. Livestock is rooming roaming around. At san jose, northbound along 680 we have construction project that is with us until 5 00 this morning and so far it looks like we are at top speed. Outside, through marin county, southbound, 101, headed up to San Francisco, a nice quiet drive. A. C. Transit workers have a new contract after signing off on the new labor agreement. It gives workers representatived by the Transit Union a 9. 5 percent raise over three years. Employees make contributions toward their health care costs. Union members rejected two previous contract deals and threatened to go on strike. Bart is increasing the number of new train cars they buying from new york. The acknowledge places an order for an additional 365 cars on tough the 410 it has ordered. The new cars cost bart 1. 8 million, the first ten are scheduled to be delivered in 2015 for testing. The Silicon Valley auto show opens this morning but we will give you a look. Crews have been putting the finishing touches on the exhibit hall and driving vehicles into the newlies expanded San Jose Convention center. Agoer says the cars are anied with cuttingedge Technology Including the bmw and all electric vehicle made with recycled materials. There are 50 models available if test drive with no sales are allowed at the show. It opens at 10 00 and runs through sunday. We are hearing the friend tick 911 call from a minivan full of people speeding outofcontrol. That is your emergency . We need help, we are coming off of 80 on a side road and we lost our brakes. You her the call are saying the van brakes were not working in the newly released tapes. The accident happened last month along interstate 80. The van crashed into another car before cashing fire. A 90yearold woman was killed and half dozen others were injured and the c. H. P. Is still looking into what went wrong. We are following breaking news in san jose where a fire races through a home. Next at 5 00, the battle firefighters face to keep the flames from spreading. New troubles for a poultry plant with it being forced to shut down. Berkeley School Leaders are forced to improve the maintenance of a high abc7 news begins with breaking news. The news comes from san jose. An Early Morning fire raced through a home near East San Antonio street. The family escaped after being awakened by a smoke detector. Firefighters worked quickly to keep the flames from upping to other homes and will remain on the scene for several hours. The reporter is on the scene and join us with a live report at 5 30. We do have the breaking new