the governor made the declaration in fran -- san francisco. the governor is calling for cuts in the water use. >> the governor got to point immediately. we're facing perhaps the worse drought that california has ever seen since records began being kept. >> and declaring a drought emergency he called on everyone to voluntary cut water usage by 20%. with no rain in sight conservation could become mandatory. lots of water. not so much water. we're there. this comes after three years of below normal rainfall. >> we've seen in half moon bay, this week, and now in los angeles county, we're seeing fires burning like they would burn in july. >> california's largest reservoirs are at record low, the emergency electric areaation -- declaration aims to help farmers. the governor is seeking funds and cooperation the reroute existing water supplies. >> there's not a government program that can totally compensate for the lack of rain. hopefully it will rain eventually but we have to the our part. >> officials say a sustained drought could boost prices but consumers may obtain some from other states. >> this is governor brown a second trout deck raration, the second was in 76. another governor declared it in 88. that didn't end for five years. california fruit and vegetable growers say they may see the result at the grocery store. >> delta businesses that rent boats and jet skis are seeing an uptick in business. how much water people are using. a month ago dave joined a pilot program using smart water meter technology. the meter senses the hourly use to the computer. he found a broken irrigation line and a leaky toilet. >> using 1400 gallons a day. and now we're right now probably five or 600. >> that's a 60 to 70% savings. the water disdribble is looking -- district is looking to rolling out the program to more customers. a ride share driver struck and hit a pedestrian today. live where it happened at jackson and larkin. it was a driver with lifts. >> that's right, today's incident involved a pedestrian in the crosswalk. that woman was treated for lower leg injuries. the driver was headed on jackson street, turning left to larkin when she struck that woman in the crosswalk. fran is -- san francisco is crowded and everyone is bumming with everyone here. it doesn't surprise me. >> juan lived near the intersection where the lift car struck the woman this arch. look twice again and make sure before you make the turn and everyone will be safer. >> the driver stayed on scene to help. today's collision followed a deadly new year's eve crash. the 57-year-old driver struck and killed sophie and injured her brother. that driver is arrested. today's incident is adding fuel between cab drivers and ride share companies. we spoke with a lift driver that didn't want to be identified. he was in the neighborhood where the crash took place. >> it's awful, but it's the driver. dents -- accidents happen. i don't know what will be done. his experience has been positive. >> it's a great way to know the city. all my passengers have been nice. i haven't had issues yet. officers say street safety is everyone's important. >> -- responsibility. >> they are not paying attention you get the injuries. >> just last night the mayor announced a plan to combat these vehicle versus pedestrian collisions. it will involve more police officer on the street and a public awareness campaign starting in february. in san jose a bicyclist is hospitalized after a collision with a light rail train. the woman was hit this morning at stokes street. the extent of her injury has not been public. the man accused of setting fires in san jose made his first court appearance. presence enis -- brennan is held without bail. he's charged with three counts of attempted arson. because of his previous arson convictions he could be given life in prison. one way we prevent him from committing crimes in the future is by sending him to prison for the rest of his life. he did not enter a plea today. a machine shot that caught fire this morning had no sprinkler system. it started in the fmw machine shop just before 6:00 a.m. the cause is not known. the fire spread to six other buildings. all 16 people got out safely. the red cross is helping with housing. firefighters plan to be there throughout the night to ford against flare-ups. >> the h1n1 flu virus is responsible for two more deaths in the bay area. they were confirmed in santa clara county. boat victims were women. we'll show the bay area wide map, no county has been spared. we've been in contact with county health officials and they've reported 22 deaths. santa clara county has six deaths. 15 people have been treated in intensive care. there's no doubt this flu season is more severe than last but it's too soon so day if it will acceleration rate. the mayor made affordable housing the center piece of the state of the city address. he calls it's a crisis the shortage of housing. >> today i layout a new challenge for the city, by setting a goal the complete at least 30,000 new and rehabilitated homes by 2020. >> he wants to make sure one third of the homes are permanently affordable to low and moderate income families. the mayor talked about more money for public schools and a ballot initiative to raise the minimum wage. the aquarium of the bay has a new sea lion center. it offers exhibits on the sea lions. they number in the hundreds. this quake end the awareium, aquarium has three guided tours. i believe we need a new approach. >> president obama promises reforms to the government surveillance programs. why critics say his proposal barely scratches the surface. the 49ers head to seattle. the red and gold at sfo is heading north. another day of record warmth. the temperature change you can expect this weekend. we're looking long range with the forecast model. . the niners are closer to the next step in the quest for six. the fans cheered the buses heading out of headquarters. jim harbaugh said the players are all business. >> i feel our team is ready, excited to go play this game, prepared to play this game, and unless i have misread our team, we're ready to play. >> the niner plane is expected to arrive any minute. seattle is a short hop the team leaves a day before the game but this time the players asked to leave two days early. 49er fans are arriving in seattle and they have atraysed attention -- attracted attention. several coupled arrived at a street rally for the seahawks. the only clash was between the team colors. there's no place they would rather be. >> thinking of getting a ticket for the game. there's options. we checked stubhub. prices start at 400. on the high end $7,000. many fans are on their way. >> the doors open, the wheels roll, this is get away day san francisco st. bernard parish, international. >> the color red is all over. suitcases. atm even the cocktail sign makes you think 49ers. >> you're cruising through the airport. important to show the colors. >> yes. >> on the big board is the city of seattle. virgin employees dressed in ts and jerseys. >> have to take out the 12th man and root on the niners. >> a seahawks fan turned 49er fan. everything in this bag is 49ers. everything. i have my goal pants. >> it great to be surrounded by 49er fans. your name. tim horn. a 49er fan. a seahawks fan wanted to say something. so we let him for a couple seconds. >> i've been on business and hear a lot of smack. >> i'm a seahawks fan. >> we gave this fan a few more seconds. >> we couldn't transition you into a niner fan. >> you're not going to do that. less than 48 hours to kickoff and 49er fans on the move. >> they have a lot going for them. the quest for six, alive and well at sfo. >> you can watch sunday's championship game on ktvu channel 2. coverage begins at 3:00 and the point after show follows the game. tomorrow night an hour long special, road trip to a championship. it starts at 9:00. 49 fans are not bashful about sporting their team colors and they are sending photo proof. student and staff from jefferson high school supposed for this picture. the dress dead features 49ers red and gold this week. go to ktvu.com. we have some features 49er tattoo. show your spirit by sharing our facebook page. the oakland police chief had a special ceremony to promote dots of police officer. lieutenent holmgren received his new batch with -- badge with his family. the chief said the officers were selected because of their integrity, word it'sic. intel will be laying off 5000 workers. it wanted to boost the earnings as the demand for chips is flat. intel has been slumping because it didn't my great quickly enough. the number of play offs represents 5% of the global work force. dow up 41, nasdaq gave back 21. the u.s. supreme court agreed to consider if the police can search a cell phone in the person under arrest without a warrant. 40 years ago the court ruled police can search items people are carrying while they are arrested without a warrant. president obama delivered a speech designed to address the nsa data collection controversy. his proposal includes having a third party hold the data. >> i believe we need a new approach. with those words president obama announced sweeping changes to the way the government can spy on citizen at home and abroad. it should give the american people greater amount confidence but their rights are being protected. >> better controls need to be in place on how the government corrects -- collects information. he's ordering a third party keep track of the information and requiring the nsa to get approval before fathering the phone records. >> let's chart a way to secure the rights of the nation and preserve the liberties. protesters gathered outside the justice department saying the reforms don't go far enough. the big brother connection is not unplugged. >> a group of able its -- analyst claim that the nsa will be collecting unnecessary phone data on americans. >> you did successfully process and prosecute bad people in big data without des turning the -- disturbing the data of people. >> dianne feinstein agrees with the president's reforms but she remains committed on to collection of telephone data by the nsa. mr. in the, a spare the air alert tomorrow. this is the 28s alert this season. all woodburning is subject to a fine unless it your only source for heat. mark has been tracking high temperature, no rain and just the air is still. >> that same message. you can look outside and see the horizon and the haze. the weather pattern setting up with the warm weather pattern. record heat and air quality suffering, another one for sunday. just that one issue for tomorrow. oakland 74. that was a record. gill roy at 80. lots of 60s. warmest in the 70s. still pretty warm numbers. most areas cooler than yesterday. that trend will continue by the weekend. here's the overall wetter set up in the -- weather in the future. temperature dropping off, four in fairfield. napa 59. san francisco last check 61 degrees and clear skies. for tonight, mostly clear skies, a chill overnight. looking out toward city hall in san francisco and into the weekend sunny and minor cooling. a dry weather pattern for next week. lows start out on the cold side. sub freezing. tracking the wetter in -- petter -- weather in seattle. a few clouds. earlier in the week there was a threat of rain but that's not in the forecast. temperature in the mid- to upper 40s. high pressure, we've talked about this. just a few minor changes into the weekend. a bit of a cooling trend. the dry stretch will continue. we're needing the rainfall. here's the updated forecast model. monday, tuesday, wednesday, thursday, friday of next week. we're dry, just a few high clouds. this could change but at this point it should be dry the next five to seven days. forecast highs for tomorrow. mid- to upper 60s. and the look ahead. cooler for sunday and monday. partly sunny by tuesday. >> a landmark for the first lady. she's the card-carrying member -- of an exclusive card. if you're on the go, you can watch newscast on your computer. get the app or go to ktvu.com. if you happen to be in morgan hill and a dog with bright red ears and a number 7 on it side you are not seeing things. the owner is obsessed. most of the customers are looking for tribe grooming. the dyes do not harm the animals. huber is offering free rides. starting toot through -- today through monday you can get two free trips. even who donates five foods of -- cans of food will be eligible for games with the warriors. excite informed join barack in the 50 plus card. check out my aarp card. thank you for making ktvu your choice for games. our coverage continues with the 10:00 news a city bus set popp by vandals. it's a story you will see only on news 2. tmz is up next. >> today on "tmz" -- >> ok, so shia labeouf strikes again, literally. he head-butted some guy in a park in london. >> [beep]! which makes him a butthead. >> oh, boy. jay z walking out of a building. they drive somewhere, helicopter comes and all of a sudden you see up there, helicopter swag. >> kobe does the same thing when he goes to practice. >> i love kobe but kobe has a smuggy helicopter. >> he's got a man of the people helicopter? >> dean cain was at