floodwaters are definitely receding right now. there is still a mandatory evacuation in place for some of the hardest hit areas like this mobile home park. i say technically, though, because we haven't seen anybody keeping anybody out and for that matter, i spoke with a gentleman over in the williams street park area who says he hasn't been notified about anything this entire time. eric heckman is back home to an awful mess. the coyote creek floodwaters forced his family to leave yesterday. you are evacuated. >> nobody ever actually told me that. so that was the weird part. they said this is an evacuation notice. i know some friends that got notices at 2:30 in the morning. i'm on the santa clara alert. i never got anything for anything. >> reporter: the heckmans decided to canoe out instead. fire rescue boats launched to get them, but the heckmans already left. the heckman residence has about the highest water we've seen in san jose, enough to float the hot tub. check this out. this is the watermark. it's about 5-foot high. >> with can he get our clothes -- can we get our clothes because we don't have any clothes to change into? >> reporter: despite the fact it's marked uninhabitable people are desperate to get inside. >> i'm tired. >> reporter: walking past a drowned skunk jonathan rascon mata surveyed the damage at his rock springs apartment >> it's pretty bad. >> reporter: the floor is covered by a thick film of mud. furniture and appliances ruined. >> we didn't get any warning, so it kind of just let the water out and, you know, this happened. if they would have gave us a warning or something, take the clothes out at least or something. >> we have not figured out how to get that one out. >> reporter: the heckmans say they're staying with friends for now and they'll be fine and they do have flood insurance, but there's a catch. >> i didn't know my flood insurance didn't have content coverage. >> reporter: oh, really. so it turns out your standard flood policies only cover the structure of homes and businesses. if you want to cover the possessions inside, you have to get a separate policies in many cases to cover the contents. there's always a catch. reporting live in san jose joe vazquez, kpix5. got some drone video to give you a bird's eye view of the flooding at its peak. this is the williams park area that joe was talking about, one of the neighborhoods that's still evacuated tonight, and you can see cars submerged up to their hoods. tonight many are wondering how did the water get so high so fast and why was the city caught off guard? kpix5's mark sayre is at the emergency operation center tonight. >> reporter: at this hour the building behind me, san jose city officials are still coordinating their response to this emergency. as to how all this happened especially with no notice? one thing they are looking at is the potential of bad data. the around some reservoir is still about 2 feet higher than its spillway level. so the water pouring out of here will continue to do so for a few more days, but officials are confident that the worst of the downstream flooding has now passed. in a series of news conferences today, officials say the spot where coyote creek first overflowed its banks is not at all when they were expecting. >> what we i think had the most difficulty establishing is how much and when and so ultimately there was going to be no stopping this volume of water once it was being released upriver. >> reporter: city crews were on hand at rock springs drive just south of kelly park watching yesterday morning when the creek started overflowing. officials say the creek channel walls did not fail, but they thought it could carry more water than it did based upon available data. >> what we know at rock springs is that a breach of that creek happened at a flow level much below the capacity of the channel. >> reporter: why that data was wrong, though, is the key question. was there some kind of unmapped obstruction or have things somehow changed since the flow capacity data was generated? in any event, city officials say they are better prepared for upcoming storms. >> i do think that we'll be able to provide proper notification to everyone. >> reporter: but none of this changes the frustration of evacuated residents who have seen flooding in the past. >> certainly i wasn't expect ing that it would happen and be even -- expecting that it would happen and be even worse than what happened 20 years ago. >> reporter: the mayor is promising a full analysis to look at what went wrong and why. mark sayre, kpix5. two dozen horses stranded by floodwaters are still stuck tonight only now it's because of the muddy mess left behind. the water has receded, but owners can't get trailers in through the thick mud to get their animals out. we did spot a pickup truck loaded with bales of hey to make sure the horses are fed. of the half dozen schools closed by flooding two are reopening. mckinley elementary school and shirakawa will resume regular school hours tomorrow. almost $240,000 has been raised. in addition, lyft is offering free rides and the earthquake soccer team is also adding a donation option on their web page. we have more info on how you can help on www.cbssf.com. th relief efforts. starting tomorrow all lucky supermarkets will be collecting cash donations for the american red cross to help with the relief effort. tonight chief meteorologist paul deanno shows us just how high the coyote creek peaked, paul. >> the highest it has ever been in recorded history. it started at the anderson reservoir still above 100% capacity, all the excess water, all the extra water, continuing to come down tonight. all that eventually drains into san francisco bay, but first it has to go through morgan hill and then into san jose and obviously that's where all the problems happened. so how high did the water get yesterday at its peak? coyote creek reached 13.6 feet at edenvale. tonight thankfully it's back below flood stage. the last time the creek crested this high, 12.8 feet back in 1922. elted this police got a break from the rain today for the most part, but it kind of looked like winter in the north bay. that's hail coming down pelting this police patrol car in napa this afternoon. right now door in sonoma the hail turned the street white in windsor, kind of does look like snow. i don't suggest you try this, but this kid tried to use it as a slide. we've got some rain in the forecast. tell you. what great news and it involves the weekend and a reduced threat of flooding. that's coming up in about 10 minutes. >> sounds very good. thank you. at long last highway 37 in marin county is expected to fully reopen by 5 a.m. tomorrow in time for the morning commute. the road has been closed because of flooding and then repair work. this bridge in big sur won't be reopening. caltrans says it's damaged beyond repair. they have to build a new one and that could take six months. as you can see, the storms left severe cracks in the pfeiffer canyon bridge. now an update on a kpix5 investigation into red light traffic tickets in fremont. >> tonight the city is promising to refund almost 1,000 drivers under one condition. kpix5's andria borba is in fremont tonight with that. >> reporter: i'm standing at one of the two intersections here in fremont that was turning out those erroneous red light tickets. those tickets may cost the city of fremont about half a million dollars in refunds. what difference .7 of a second makes? in the case of a story at two intersections in fremont that suddenly turned out hundreds of red light tickets to drivers, the answer is hundreds of thousands of dollars. >> they shortened the yellow. that's the smoking gun. >> reporter: we told you about the intersections of mallory and farwell and mallory and waco. the public works director of fremont told our allen martin the yellow issue was the fault of? >> we had student interns helping us. >> reporter: the city of fremont changed its story at the valentine's day city council meeting. >> we are painfully aware of the situation. i appreciate you bringing the issue here along with the correspondence we've received accordingly. we admit the mistake and we are in the process of coming up with a remedy. >> reporter: this fremont resident said he's happy the city is finally admitting fault. >> for them to say that it didn't happen shows that it's a rogue operation. i mean anyone should see if the number of tickets are jumping by a factor of five to 10, it should raise an alarm. there is no quality control. there is no supervision. >> reporter: now those refunds will have to be approved by the alameda county court. live tonight in fremont andria borba, kpix5. we have breaking news out of south sacramento tonight. a chp motorcycle officer has been killed. he lost his life in a traffic accident. 30 1-year-old lucas chilu was chasing a suspect when he crashed before 6 p.m. this evening and later died at the hospital. he is an eight year veteran with the california highway patrol. tonight the crash is still under investigation. to carry inmates. now alameda county sheriff's deputy in critical condition tonight after being hit by a bus used to carry inmate. this is video of deputy mike foley from 2006 when he worked for concord police. foley just arrived for his shift at 6:00 this morning when he was walking toward the jail and was hit. it happened at the transportation yard at the santa rita jail in dublin. the fellow deputy driving was only going 15 miles an hour, but the impact left the deputy with severe head injuries. the driver simply didn't see foley in his path. the 59-year-old has undergone several surgeries already. >> the doctors are doing everything he can. he still remains in critical condition at this time. the family right now is just hoping for prayers and best wishes. >> foley has been with the alameda county sheriff's office for 10 years. before that he was with concord police for about 30 years. the highway patrol is investigating the crash. ed to the crime. a girl scout robbed at gunpoint in union city, tonight a teen-ager confessed to the crime. police released this sketch of the suspect earlier this month. investigators say he stole cash from the girl's cookie stand in front of safeway. police arrested the 17-year-old suspect at james logan high school today. in the east bay tonight 21 people homeless tonight after a small fire in their building. only on 5 tonight christin ayers reports the fire wasn't the problem. it's what happened when the fire inspector showed up in east oakland. >> we have been homeless for 41 days and it keeps going. >> reporter: adrienne wong in fears as she addressed oakland city council last night. today she showed us what used to be her home, a loft in the art ratan studios. she and other tenants were forced out last month after learning the building was never zoned a living space. >> there's a couple people living in their cars. i'm crashing at my parents' house in daly city with my life. >> reporter: they learned about the issue when a small fire sparked on the complex doorstep january 12th , one day after mayor libby schaaf signed an executive order meant to protect people living in immaterial living spaces after -- in improper living spaces. sprinklers were found positioned too closely to walls to work properly, but that's just the beginning. there's exposed electrical wiring hanging loose in her unit, a water heater not secured to a wall. >> this is supposedly the strap. i don'tment. it's been like that -- i don't know. it's been like that since we moved in. >> reporter: as for the bedroom where her boy friend's son is supposed to sleep? >> the fire department said it was too dangerous because there's no second exit. >> reporter: the building owner did not return our call. the mayor says the executive order has done little to press his hand. city council members could not answer the questions last night, though they are working to get tenants relocation funds, but that will take time and until then -- >> we were kind of just in lembo right now wondering what's -- limbo right now wondering what's going to happen next. things got heated in a town hall meeting tonight with one of california's republican congressman. people started showing up hours before representative tom mcclintock took the podium? sonora. more than -- podium in sonora. more than 500 people were there. the congressman had to step in and calm the crowd several times. the crowd was pretty split on their political point of views. >> i have a right to express my point of view. >> we're just regular people with a lot of concerns. >> there was a heavy police presence, but there were no problems. to not president trump is weighing in on a civil rights -- tonight president trump is weighing in on a civil rights issue having to do with transgender students. >> president trump is doing away with the obama guidelines in public schools. last year president obama ordered students to use bathrooms matching their gender identity and not what's on their birth certificate, but this afternoon the orders were scrapped because the trump administration believes each individual state should be in control. >> the president made it clear that he's a firm believer in states' rights and that certain issues like this are not best dealt with at the federal level. >> house minority leader nancy pelosi called the move a cruel blow to an already vulnerable group of young people. kamala harris is blasted president trump's executive order on immigration. a dramatic increase in deportations is expected once it's signed. senator harris called the policies too extreme. >> there's one interpretation that suggests if someone is suspected of committing a crime, then there is a basis for i.c.e. to act. that's outrageous. that's ridiculous. that's crazy. >> as far as the travel ban, president trump has said he would issue a revised executive order this week, but to the the white house said -- but tonight the white house said it would be delayed until next week. veronica de la cruz, kpix5. tonight palo alto police want you to take a good look at this guy. he wore a star wars hoodie. he and another suspect tried to break into a home on roosevelt circle but could not get in. a little later they broke into another home nearby and stole jewelry and other items. we told you what happened when one man's storage locker was broken into last night. we exposed how even with insurance you may be out of luck. tonight former insiders reveal why they pressured people to buy that insurance and who got paid as a result. julie watts is back with a story you'll only see on kpix5. >> all of our customers are required to have some form of insurance. >> reporter: if you've ever rented public storage, you've probably heard that line. >> they force their employees to learn the script. >> reporter: these two spent a decade managing public storage properties anded they were pressured to sell insurance. >> you needed to be at least 90% on the insurance. otherwise you're going to be retaliated against and that could mean losing your job. >> reporter: and in undercover visits to several public storage locations -- >> you use the orange door insurance program. >> reporter: -- we found employees offered insurance without fail. while you aren't required to buy the insurance sold here, employees are required to make it look very attractive. we found they rarely let you know you can use your own insurance unless you ask and when you do, they give you this q and a that makes their insurance look much better, but tenants we spoke with say the policy was worthless with them. despite a ransacked unit, francisco evidence and a police report citing burglary, john cernoc's insurance was denied because he did not have the locks cut off. >> our investigation found there were no signs of forcible entry into your unit. >> reporter: debra andrews was also denied, her missing lock replaced with one only the storage unit could get in. they say it was not enough to prove theft and we found scores of similar complaints. in a statement public storage said insurance coverage for stolen items is 100 proof voluntary. though the company's own website states insurance for your stored items is required, according to this script we obtained employees must say all of our customers are required to have some form of insurance and in repeated undercover visits -- >> so all of our customers are required to have insurance. >> reporter: dating back to 2010. >> insurance is required. >> reporter: that's what we heard from every employee. >> we require that they have insurance. >> reporter: the company also says there are no quotas or any other financial incentives for property managers offering the insurance project. these two say as profit managers they didn't profit from purchasing insurance. their regional managers did. >> their bonuses were out of this world. >> reporter: we obtained internal e-mails that seemed to about determine the managers made money themselves. the real money was made in tenant insurance and bonus plans for regional managers include compensation for insurance penetration. that's right around the time it got to these two. they say when they stopped pushing the product, their insurance sales dropped and the company fired don claiming he stole from the till, a claim he denies. jim quit soon after. >> i'm embarrassed i had to force people to do something they didn't want. >> reporter: public storage said those former employees are not credible and have no knowledge underlying the claims that they have made. julie watts, kpix5. kpix5 hi-def doppler is almost completely dry. woodside, los altos hills may get a shower between now and midnight. crazy weather in the mountains the past couple days. up 8,000 feet in elevation there's a location called ward mountain. they had a certified wind gust on monday 199 miles per hour. how about boreal mountain, 46 feet of snow, 557 inches of snow so far this winter. getting chilly tonight with clear skies, santa rosa almost in the 30s, livermore 41, concord 46. we start off around freezing tomorrow, santa rosa 43, fairfield 45, a cold night in the santa clara valley, down to 37 degrees overnight tonight. we had some showers, even a thunderstorm in the north bay this afternoon, all that wrapping around an area of low pressure that is thankfully moving out and a ridge of high pressure moving in, drier weather. with the winds from the north, we'll stay on the cool side of average the next couple days, but it's not going to rain, so who cares about the temperature really? gear looking at afternoon sunshine tomorrow and also friday. now the weekend we've talked about a rain chance. let's downgrade that. it's now just a shower chance, just some light showers mainly on saturday. there's the chance that sunday will be completely dry. so flooding rainfall? i don't see any for at least the next week, likely longer. we're cold away from the water the next couple nights raising the threats of isolated black ice. the weekend forecast is trending drier. there will be a few showers, but certainly no washout and no additional flooding this weekend. concord 55 tomorrow, chilly, sunny, napa 53, redwood city 55 degrees. so just those showers mainly saturday. we'll keep it in there for sunday and next week we're going dry monday, tuesday, wednesday, back into the 60s. this may be, albeit temporarily, an end to the flooding rainfall for the foreseeable future. >> let's hope so. >> at least the next two weeks. >> absolutely. it's going to feel great. thanks, paul. well, seven new discoveries in outer space, the question tonight, are we alone? >> closed captioning for this newscast is sponsored by living spaces. nasa is confirming a discovery in a galaxy far, far away. >> they spotted seven planets the size of earth orbiting a star in the constellation aquarius. that's about 40 light years away. that's really far. what's intriguing about the planets is that scientists believe three of them may have water which means they could support life. now with that information astronomers now say finding a second earth is not a matter of if, but when. and it may be right inside our own galaxy. why steve kerr thinks the 2nd half of the nba season is going to be insane. >> and march is right around the corner and it's the buzzer beater time of the year. ,,,,,,,,,,,,,,,,,,,, the nissan sports report coming up next on kpix5. >> the cal bears are no lock to make the ncaa tournament, butt a within at tomorrow tonight -- a win tonight at tomorrow against sixth ranked oregon would certainly help their cause. the bears look like they're shooting. cal up 15, less than 10 minutes to go. same, set, match, right? but then the ducks on a 13-2 run. game tied, final seconds. brook with a hand in his face hits the go ahead shot with .2 left. oregon wins 68-65. the bears are 1-6 against ranked teams, not going to look good in many were. stanford the winner tonight. football news 49ers john lynch said he and head coach kyle shanahan met with colin kaepernick in santa clara. the kapper is set to become a free agent but couldn't return to the 49ers. the warriors are back on the home floor the first time in a week when they get the clippers tomorrow at oracle. after tomorrow's game gets a little rough from february 25th to march 11th. they'll play nine games with only two at homes. three times they'll play back to back nights and travel roughly 11,000 miles before ending it all in san antone. steve kerr not a fan. >> we have the most insane schedule i've seen in all my years. it will be the eighth game in 12 days with 10,000 miles. it's insane. ice fishing in the canadian province of quebec, this guy's name david and look at what david found. oh, looky there. oh, that is a 32-pound pike out of that tiny little hole ice fishing. we'll be right back. ,,,,,,,,,,,, it's okay to cry, right? no more! we don't want anymore! [crying] ahhhhhhhhhh! everyday price and no extra monthly fees, unlike cable. speeds up to 45 megs, for $30 a month. with stephen colbert is next. our next newscast is tomorrow morning at 4-30. michelle griego and kenny choi will have all the news you need.. to start your day. good night. the late show with stephen colbert is next, our next newscast is tomorrow morning at 4:30. >> we'll have all the news you need to start your thursday. good night. captioning sponsored by cbs have been hesitant to hold town hall meetings due to hostile crowds. >> do your job! do your job! >> no! no! no! ( laughter ) ( laughter )