comfort food. leaks mold and terminates some of the problems plaguing a condo build be. residents tell us it's a disaster in the making. the answers we got. >> google and facebook accused of creating an unfair edge over competition. the tech giants respond to the claims. and newly revealed court documents. >> and president biden face attention major set barkers to his agenda this week. how he tries to bounce back from road blocks to his covid mandates to voting rights. >> good friday, everyone. thanks for joining us. the news at 5:30 starts right now. i'm janel wank a a. >> and i'm garvin thomas. a live look from the white house president biden ended a rough week, acknowledging his agenda hasn't gone as planned. but vowed things would be different. it's been two months since the

bipartisan infrastructure deal was signed into law. and today he detailed how the money would be spent. nbc's chris palone reports. >> highlighting the work done in the first two months since he signed a bill to improve the nation's infrastructure, president biden admitted he heard the criticism about this week's setbacks to his agenda. >> there is a lot of talk about disappointments in things we haven't gotten done. we're getting a lot of them done, i might add. >> the president focusing friday on an initiative to repair and replace thousands of deficient coast to coast. picking up the entire tab to some bridges which would normally require states or counties to chip in. >> this investments helps connect entire towns and regions. >> but the administration is stinging from thursday's supreme court split decision which delta major blow to the president's efforts to contain the pandemic. the court allowing a vaccine mandate for certain health care workers to stand while blocking a broader mandate which would compel around 80 million

american workers either to get vaccinated or take weekly covid tests. >> i want disappointing the court chose not to defend or support people from covid-19. >> after a democratic senator derailed the associating social and climate change spending bill, they pivoted to voting rights. but thursday two democrats said they won't change the rulings to pass voting rights bills with a simple majority, effectively killing that two. the senate democratic leader plans to hold a vote tuesday regardless. >> members of this chamber were elected onto debate and vote. >> a tough week for the biden agenda, the peril of governing with razor thin ma jorts backup. >> wow, a new claim that google and facebook collaborated to manipulate ad auctions and gaining traction tonight comes in a lawsuit filed by a group of state attorneys general. the lawsuit claims chief executives of google and

facebook personally oversaw an illegal deal in 2018. new filing today says facebook c.o.o. sheryl sandberg called the agreement a big deal strategically in an e-mail. sandberg and google ceo sundar pichai accused of signing off on terms. noting that sanderson was a high ranking at google. a retired san jose police officer is now on the other side of the law. robert foster has pleaded no contest in a multimillion dollar fraud scheme. prosecutors say foster had a side security business, which was convicted of insurance fraud pan laundering some $18 million to cover it up. foster will be sentenced to three years in county jail and pay more than a million dollars in restitution. miss wife pleaded no contest to fraud charges and sentenced to a year in jail. should we be concerned about older condos after the collapse of the high rise in miami last year many bay area homeowners

worry about their buildings. one group says it's seen cracks and water leaks for years. >> so they contacted our investigative reporter who prompted action and raised question about the safety of aging condos. >> reporter: we visited the sand leonardo building spoke to property officials about safety concerns and alleged transparency problems that owners say delay building inspections for the sake of protecting property value. >> you know, you could see all the way down the cracks in the cement and it goes unaddressed. >> this group of condo owners at 1,400 carpetier street in san leandro say this has been going on for years. they first asked the investigative unit to look in october. >> it's been here since i first got here in 2013. >> reporter: they worry that moisture throughout the 164-unit

building is resulting in soft ceilings. >> but it it shouldn't be doing this. >> terminates. >> there is wings on the floor. i found one one day on top of my bed. i just made the bed. >> and mold. >> all the black stuff. >> that's mold. >> but what worries them the most is this, a series of cracks in the concrete ceiling in the parking garage that constantly leak water on to cars and create puddles. even when it hasn't rained in months. a couple of weeks after our first visit we stopped by again after a storm. >> so walking in the garage, definitely a lot more puddles than the last time we came here. i'm looking at a leak before it was dripping and now a steady stream performing a puddle underneath what's your biggest fear looking at this every day. >> it will fall. >> everything collapse. >> this is their fear. on june 24th in the middle of the night a tower of the 12-story condo correction in surfside florida collapsed

killing people. federal investigators are determining the cause. but residents told stories of garage leaks and sagging floors before the collapse. a structural engineering consultant warned of concrete and re-bar damage three years prior. after reviewing the architecture plans for the san leandro condos an expert told us the issues there could cause real structural damage. >> it is something that does need attention. >> reporter: here is a structural engineering and professor at the university of washington appear studied the florida condo collapse and says while a complete building failure is rare. water intrusion can degrade a structure and make it unsafe. >> the concrete itself can be deteriorated by constant water running through it. it can lose stiffness and strength. >> who here is concerned for their safety in this building? >> who here has reported concerns to the board or someone on the board?

>> i asked what the board was currently doing to make sure that this building was safe. and i was yelled at by the board president. >> reporter: after repeated requests to talk about water leak complaints, the h.o.a. released this statement to us saying preliminary indications point to the problem being one of water proofing and not one of structural risk to the building. the investigative unit asked for documentation supporting this but never heard back. in october san leandro's chief building official michael jeffrey visited the building sending the property management this message saying we did discover seller several years where water is leaking through. the pool and pumphouse are of concern, seems to be leaking and dripping through the slab as well. . it looks as though this problem has existed for a while. can that be a more serious problem. >> it could and could not. i would want to leave that to the -- to the stlurl engineers.

>> jeffrey tells us he didn't see an immediate safety issue during the visit but instructed the board to speed up hiring their own structural engineer which they have, he says. >> that onus is on the h.o.a. members, the owners, their board. and they should factor in that these buildings are getting older and increase their maintenance procedures. >> several condo owners tell me when they raise issues about safety issues they get blacklisted by the board, property management company. is that a problem? >> it's an internal problem. it's a civil matter. as an owner they would need to seek legal advice. >> isn't it still a building safeo safety issue. >> it is if it arises to aabling safety issue. >> they're making the decisions on multimillion dollar entities with little background in that space. >> samuel pilly is tug talking about h.o.a.'s in general he is aed condo real estate professional to developed this

app to increase transparency, echos nationwide industry concern that tovi often associations fail to recognize serious structural and system failures and have a tendency to make super bowl or temporary repairs. >> they kicks can down the road as long as they can until it's too late. >> in a statement to us the san leandro condo board denied alleges allegations they ostracized complainters. and they are investigating leak complaints and expressed concern about publicity surrounding undetermined problems on the property value of the homes. >> their main concern should be the safety concerns. not the property value. because if this building collapses, who is -- there is nothing to buy. and there potentially could be lives lost. >> reporter: there is no state legislation to require cities to inspect aging buildings. a although cities like san francisco do regular

inspections. legal experts tell us homeowner he associations are ultimately responsible while some think it's their job to keep costs low, they should be focused on spending money to maintain buildings and ensure they are safe. >> good information, thanks and if you have an story. please us a call. at. up next the u.s. economy tried to bounce back during the holidays. the numbers are in see how retailers did during another shopping season overshadowed by the pandemic. starting tomorrow health insurance companies are required to pay for some at-home covid-19 tests. i'm consumer investigator chris chairmana. >> a newville beautiful cents. if you are headed out i'll have a look at what to expect across the bay. and of course the weekend forecast coming up in about ten

minutes.

starting tomorrow health insurance companies are required to cover the cost of at-home covid-19 tests. so how is it all going to work. >> and what steps do you need to take to get the tests? the here is consumer converting chris chmura. >> reporter: if you want your health insurance company to pay for an at-home covid-19 test. the first thing to do is find out what your health plan's plan is. here's what we mean. the federal government gave insurance companies an option. they can either pick some over-the-counter test sellers and cut a deal where you have no out of pocket costs. or the insurance companies can let you choose the story. you pay then they reimburse you. reach out to your health insurance company. figure out which way your plan is going before you buy anything. >> if your plan doesn't set up a snrk of sellers and makes you pay out of pocket they're required to cover the full price. keep your receipt and maybe the original packaging until you get paid back. if your plan does set up a network, you don't have to buy

from the stores. you can go out of network. but the maximum reimbursement is $12 per test. >> how many can you get? each person on your policy gets 8 per month. >> does a deductible apply? how about co-pays. >> no the feds say you get the free at-home tests without any cost sharing requirements such as deductibles, ko pays, coinsurance prior authorization or medical management requirements. insurance companies are only required to cover tests bought january 15th and a afterwards. you can ask them to cover the cost of one before that but they don't have to cover it. we wondered which tests are covered. the fed says tests authorized clear or pruvrd by the fda. side note if you are on medicare. a separate program let's get you tests from a certified clinic by medicare. a lot going on here. >> because we're talking about you spending your money out of pocket with a promise of replacement down the road, i would communicate with your insurance company in writing. if there is a reimbursement dispute later on, a written

record of the guidance they gave you will be really helpful. if you have to talk to somebody by phone, take good notes. about who you talked to what you talked about and when. then hold on to that record until you get paid back. bottom line here, try to get your health insurance company's ground rules early. we have a programming note for you our newest nbc responds half hour special airs tomorrow night. so much good information. please join us for 30 minutes of problem solving stories tomorrow night at 6:30. >> the cdc updated recommendations on masks. saying people can choose a respirator for the best protection from covid. the cdc ranked n 95 as the highest level of protection followed by the kn 95. previously the cdc dnd recommend the masks over fierce how it hurts supplies in health care settings. that's no longer pa concern. like recent weeks the mavericks with the lowest protection are

loosely wove. cloth masks. in spite of the holiday season clouded by omicron surge, supply chain problems and labor issues, sales hit a record. nearly $900 billion in goods flew out the doors and shipped online angered to the national retail federation, a 14% increase in total sales and the most growth in two decades. the 2021 shopping season was the challenges one for retailers. some chain stores even chartered their own ships to by pass congested ports and get holiday items to the shelves on time. okay let's talk about the beautiful sunset behind you. so many this we can. we were talking about it in the 5:00 hour about the high pressure system creating the beautiful sunsets. >> and i i think we're in for that tomorrow, maybe even sunday as well. so if you have missed it because you've been at work, well there is more to come this weekend. you want to check out the sunsets right around 5:00 to 6:00 in the evening.

it's friday night. yes! close to the weekend. get you ready to go if you are headed out this evening. we know there are different covid restrictions in place. but you still got to keep living moving on. if you are headed out to san francisco it's chilly, 56 right now. low 50s here at 8:00 and 9:00. and the bay it's not too much different here. currently 59 degrees. you're also in the low 50s here through 8:00, 9:00 and 10:00. let's take to you the inland valleys, mildest checking in at 61. clouds overhead, no rain expected this evening. and down to a very chilly 49 here at 9:00 p.m. a couple layers would serve you well across the inland valleys this evening. the weather pattern it definitely has had a lot of different layers to it. the key thing is this area of high pressure. this is what is keeping our rainfall away. we have seen storm after storm passow past couple of weeks towards seattle and canada. but because of high pressure nothing for us. then we have the other little mover down here.

and this is bringing in the cloud cover the past few days. this is going to stay in place heading through tomorrow. keeping the clouds right here across the bay. not this sunniest day of day expected saturday. but knowing it ahead of time you can plan around it. as i've been saying maybe it's a good day to sleep in. you deserve it, right. you've been doing a lot lately. tomorrow morning, no alarm, just let it go. and sleep in. all right. meteorologist orders for you. 45 in the south bay. peninsula 45. to the tri-valley 40. low to mid-40s east bay san francisco and north bay. highs tomorrow stay right where we need because of the cloud cover that lingers through the afternoon. let's look at the microclimate forecast south bay checking in with a daytime high of 64 in san jose. not many differences thavrmg traveling across the microclimate. 62 in concord. 62 in danville. 60 in redwood city. up through san francisco.

61 in downtown to marin napa and sonoma. 63 in napa. 62 novato. coastline, low 60s. bodega bay to point reyes. the 7-day forecast no rainfall. we stay dry next seven days in san francisco. 50s to low 60s for highs. 40s for the mornings and inland valleys also looking at very similar daytime highs and also those morning lows. not many adjustments as we move through the next couple days. i think sunday is the best day to hopefully get some more sun moving in. i managed to see the blue sky this morning. did you guys see any? it was amazing. >> i missed it. i was in the building the entire day. >> jeff, i've been jealous about the sunset pictures on my time line. this is my -- this is going to be my sunset picture. >> you got to post that on social media. >> that's who my view of the sunset tonight. >> enjoying it. thanks, jeff. >> you got it. up next, it could be the latest feature coming to delivery planes late.

no smoke why fedex is asking for permission to add the text to the shipping planes.

some shocking images tonight of a car that got hit by a train. luckily no one got hurt. it happened about 6:30 this morning in santa clara. a capitol corridor train hit the car dragged it for several blocks. no one on the train at the time. and the people in the car got out just in time. delivery giant fedex wants to use military style laysers for cargo planes. they requested approval from the f.a.a. wants to install infrared laysers designed to defend heat seeking missiles to fly over areas normally closed to air traffic. the company has proposed this idea for years but needs approval from the f.a.a. everybody ready out there? big weekend for bay area football fans. 49ers are back in the playoffs. here is the team loading up

buses outside the levi stadium earlier today. they are headed to dallas, texas, to face a long-term foe. the cowboys. >> look at that garvin, a police escort too. okay the two teams have a storied history as you no any we'll hear from both quarterbacks about this weekend's matchup. anthony flores is next in sports. when you have xfinity, you have entertainment built in. which is kind of nice. ah, what is happening. binge-watching is in the bag, when you find all your apps, all in one place. find live sports faster just by using your voice... sports on now. touchdown irish! [cheering] that was awesome. and, the hits won't quit, with peacock premium included at no additional cost. all that entertainment built in. xfinity. a way better way to watch.

when they're sick, they get comfortable anywhere and spread germs everywhere. wherever they rest protection nothing kills more viruses, including the covid-19 virus, on more surfaces than lysol disinfectant spray. lysol. what it takes to protect. okay. we're almost there. the 49ers face the cowboys in

dallas in less than 48 hours. >> you said that like desperation, not excitement. >> i'm nervous, that's why. >> it's one of the marquis matchups of wildcard weekend here is anthony floor zbrees pounding the ric, the 49ers identity and key to their success this season. the niners run game has been dubbed bully ball. but cowboys all pro loocke linebacker micah parsons says he won't be intimidated in the wildcard game. >> there is a bully in every gym, everywhere ug. but at some titan point it stakes stun to stand up and fight i never backed down. >> dallas beat san francisco at last year during the regular season but both teams dealing with major injuries to key players. in this game, there will be stars all over the field. and not just the guys in the cowboys helmets. >> it's a really good team i'm looking forward to getting an opportunity to play against them. >> it's a dog fight, a war.

and we're exactly up for that. >> the cowboys can beat you on both sides of the ball. they lead the league in total offense and scoring. on defense, their strength is a 49ers weakness. turnovers. >> their whole defense, pretty skilled across the board, big-time players and it will be a good challenge. >> definitely not going to be easy. one of the things we can't play into their hands and you know, have to get in a drop-back game. >> but if the niners need to let it fly like in the overtime win against the rambles the all pro left tackle has confidence in jimmy g. >> i've always held jimmy the highest form of respect and he is a winning quarterback. and winning games in this league is extremely tough. >> we've been in this mode a few weeks if not half the season. and we're used to it. the more we do it, get confidence, the better we feel, the more we're excited, really want to get to the game. >> kickoff sunday amp at 1:30 in dallas. anthony flores, nbc, bay area.

>> weaver got a very, very busy football weekend. the las vegas raiders take on the bengals in cincinnati. that's tomorrow at 1:30. you can watch that game here on nbc bay area. football night in america on sunday. sunday night football starts at 4:30 and the big game that night, stealers and the chiefs. that kickoff starts at 5:15. >> it's the biggest football weekend in a long time because we have the actual wildcard this year. so the extra wildcard this year we get an extra game. you go -- you can sit on the couch from friday to sunday and just soak up football. >> exactly. and then tonight at 7:00. lawyerle brit from nbc the 49ers analyst gives us the insights about the big game sunday. we can't wait for her to join us at 7:00. but coming up at 6:00. audrey assistio with more headlines. >> that's right, i'll be stress

eating the entire weekend. it's the big weekend. right now at 6:00 not just the nose swab telling us where we are heading in the pandemic. researchers are looking through what's in our suers. tonight we explain why they believe the surge has hit the peak. good help is hard to find. now food banks struggle to serve people in need across the bay area. how you can help with their mission. and santa clara county sheriff laurie smith makes her first appearance to face allegations of misconduct. what happened today inside the crom. courtroom. the news at 6:00 starts right now. thanks for joining us. . i'm sawedry assistio. >> i'm garvin thomas, objections about no formal flow that's the gemt out of court in the civil proceeding against laurie smith santa clara county smith. who will lose this job if she loses this case. we have the development from court conducted over zoom

because of the recent covid surge. >> exactly right, garvin. today's hearing amounted to a first court appearance for sheriff laurie smith now facing seven different misconduct accusations which were leveled against her by a south bay civil grand jury last month. and it was a strange hearing, involving a judge in san mateo county, a prosecution team in san francisco, and the sheriff and her defense team here in santa clara county. reporters were allowed to watch and listen but not record the public proceedings as sheriff laurie smith appeared virtually about the san mateo superior court nancy fineman sitting in south san francisco. >> this is a very rare proceeding. and so we don't have a lot of guidance from past court cases about how to do this. >> reporter: in december a civil grand jury in santa clara county handed down seven different accusations against sheriff smith, including willful and corrupt misconduct in office.