gets frustrating. >> the roundup has been in la fayette since 1935. newly reopened businesses in santa clarita county may have to close my because the county is on the state's monitoring list. so, businesses like gyms, hair salons, nail salons, malls, and places of worship will have to once again shut down. this is after just reopening, yesterday. to keep tabs on what is open in your county and it is changing everyday, check out our website, kpix5.com. california is making some strategic shifts to boost the efficiency and availability of covid-19 testing. state health and human services secretary dr. martingale he announced priority will be given to those most in need, and that means individuals with symptoms, people in high risk categories, or living situations, and people identified through contact

tracing. he says the state is working with insurance companies to cover covid test, and working with physicians to help provide them. >> that will help us allow the statewide testing efforts with our partners in the communities, doing community- based testing in both brick-and- mortar testing sites, and also mobile testing sites, to reach disproportionately impacted communities. >> california has also hit its goal of recruiting 10,000 contact tracers, and that may sound like a lot. but, dr. daily says it is not nearly enough to keep up with the current transmission levels. we first brought you his news conference live on cbsn bay area, don't forget we are streaming 24/7 on kpix5.com. there are three new pop-up sites, hundreds of people have

lined up to get tested the testing happened today in san jose. >> we are hoping to go to college in the fall semester. we are taking apart and containing the virus. >> i don't have any symptoms, but we are getting tested. basically for families and friends who are at high risk. >> testing is available from 10:00 until 3:00 until friday at the santa clara service center auditorium. also at independence high school , both in san jose. and at the south county annex, in gilroy. that is happening from 1:00 to 6:00 p.m. new at 5:00, the trump administration had reversed a rule that had required college students to leave the country. the decision comes after top schools across the country including the university of california school system filed a lawsuit against the order.

the announcement will bring relief to thousands of international students who would have been at risk of being deported from the country. san francisco unified school district is discussing his plan for reopening the snow. proposed plans could have goals helping students learning from online at home . it has been suggested that student transition in the form of a hybrid learning would happen. the board will vote in about two weeks. meanwhile in the east bay, the city of berkeley has scrapped its plan for hybrid learning this fall. announcing that students will start the semester online. senator dianne feinstein, blasting orange county's decision to not require masks or social distancing when reopening schools. the county plus board of education approved measures to send students back to the classroom this fall, it says after careful research it determined that forcing students to wear masks would not be beneficial. instead, it will leave those decisions up to individual school districts.

>> in a statement, senator feinstein rebuked the decision saying in part the resurgence of this virus across the country shows the coronavirus will go away simply by ignoring it. we must continue physical distancing measures, we must keep wearing masks, and above all, we must make our decisions based on science and data, not politics. for the very latest on school reopenings here in the bay area, you can check out the special section of our website, head to kpix5.com . as we mentioned, alameda county could find out it has to roll back reopenings as soon as tomorrow. we spoke with businesses waiting in limbo. >> i got the order right here. >> reporter: what does it say? >> well, this is the statewide public health officer order, july 13th, 2020. it very clearly states that the dining outdoors is allowed. >> reporter: you heard it from the mayor of livermore, outdoor

dining is approved, countywide. but, take note -- >> i do expect that we will be placed on a watchlist, on wednesday. >> reporter: according to alameda county public health department, the county will need to stop indoor worship services and indoor malls will not be able to operate, effective july 15th. >> i would describe it as a steady increase in cases, and a increase in hospitalizations that has leveled off, but at a very high level. >> reporter: things are changing, where do things stand at 5:00 today? >> at 5:00 today, this coming weekend, we will block off first street, and have outdoor dining. outdoor dining is still allowed. >> reporter: according to those who live in alameda county, they say nothing is really changing that. >> for us it is the same because alameda really never opened up in the first place, for us it is just continuation

of what we have been doing. >> we never know, one day we are open, the next day we are not, we are shut down. you try to go with the flow. >> she tells us outdoor dining will be allowed to continue even with these new restrictions. other news this afternoon, a store clerk in alameda is behind bars tonight, charged with the murder of a customer he suspected of stealing from a business. our reporter, on why police say this was not the case of self- defense. devon? >> reporter: guilt or innocence is something that the criminal justice system or likely a jury will have to decide. the alameda police department was pretty plainspoken in their assessment of the case, they say you just can't shoot and kill someone because they stuffed a pack of cigarettes in their pocket. >> alameda police were called to the circle k convenience

store before midnight on saturday. the clerk, a 26-year-old, called 911 to report that he had shot someone, that he claimed was trying to rob the store. detectives say their investigation, however, told a different story. >> by interrupting a petty theft versus interrupting a robbery is two different things. one is a property crime, one is a violent crime against a person. and, the level of self defense that was exercised was wildly inappropriate. >> reporter: police charged him with murder and not having a permit for the gun. investigators say he pulled a gun after a 24-year-old grabbed a pack of cigarettes behind the counter. customers say it was an egregious and lethal overreaction. >> they should've called the authorities, they should not have handled it in their own hands. >> they both should have known better.

they are both the problem, him by not stealing, and not pulling out the gun. >> reporter: police described this as a tragic event, another life ended and one altered forever. sadly it was all avoidable. >> we don't want anybody to get hurt. secondly, it can rise to criminal level that is bigger than the crime you're trying to intervene in. >> reporter: the alameda county sheriff's office says the suspects, the clerk, will remain behind bars because this is not a murder case. he is not going to be granted any bail. john thomas conway is facing attempted murder charges, assault with a deadly weapon, on a peace officer, and burglarizing a gold mine. conway is accused of shooting and killing the doctor over the fourth of july weekend. the victim was off-roading with

his 15-year-old son, he was able to escape, the suspect also shot and injured two other individuals, it is unclear how the felon got a hold of that weapon. on kpix 5 and streaming on cbsn bay area, jeffrey epstein's alleged accomplice faces a federal judge. her teams need to get her out on bail and why prosecutors are saying, no way. also, joe biden calls out the president's reopening plan amid the pandemic, and reveals part of his plan to jumpstart the economy. two hairstylists, testing positive for covid, after treating more than 100 clients. like cordless phones. - ( phone ringing ) - big button, and volume-enhanced phones. get details on this state program.

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ruth bader ginsburg is in the hospital, she is being treated for a possible infection. a court spokeswoman says the 87- year-old was taken to a hospital in washington, d.c., monday night, for fever and chills. by this afternoon, she had been transferred to johns hopkins in baltimore for a procedure related to her past pancreatic cancer. she will be staying in the hospital for a few more days to receive antibiotics. president trump says he has signed an executive order imposing sanctions on china in response to its interference in hong kong, now. >> this gives me the ideals to hold responsible extinguishing hong kong's freedom. >> it also ends the preferential u.s. treatment hong kong has long enjoyed. present went on to blame china for unleashing covid-19 and failing to stop it, and in the cbs interview, he also accused democrats of politicizing the pandemic by rolling back reopening plans. >> a decision like that is politics. because we are starting to do

very well in the fall. >> the criticism comes after several cities and states including california, roll back reopening plans that are preparing schools for continued distance. joe biden called out the president 's stance on reopening the country as covid cases surge. >> if we can't deal with the public health crisis we can't do with the economic crisis. >> today, he also unveiled a new plan to spend $2 trillion over four years on clean energy projects, and ending carbon emissions from power plants by 2035. he made the announcement during a speech in wilmington, delaware. it is part of a series of economic plans aimed at jumpstarting an economy battered by the coronavirus pandemic.

for the first time in 17 years, the federal government carried out an execution by lethal injection. this is hours after the supreme court voted the execution could move forward, 47-year-old daniel loosely spoke his last words saying, quote, you are killing an innocent man. he was convicted of murdering a family of three in arkansas. relatives tried to stop the execution, but concerns were not considered. >> it feels disingenuous to me for someone to say they are doing this in our family's name, and for us, and no one has taken into account our well- being and health. >> in addition to lee, four other men will be scheduled to be executed on january, 2021. two are scheduled for this week. jeffrey epstein's former girlfriend, ghislaine maxwell, has pleaded not guilty to charges. she conspired with jeffrey

epstein to sexually abuse under age girls. our cbs reporter has the details. >> reporter: ghislaine maxwell appeared by video in a new york court on tuesday, a federal judge ordered her to stay in jail until trial. >> it is possible. >> reporter: jeffrey epstein's former girlfriend pleaded not guilty to charges that she recruited girls for the financier to sexually abuse between 1994 and 1997. the team proposed a $5 million bill package to secure her release, arguing she has not left the country since his arrest last july and is not a flight risk. >> more important, perhaps then the package is the reasoning. number one, covid-19. that not only might kill ghislaine maxwell, it certainly would not benefit the victims of jeffrey epstein and allegedly of ghislaine maxwell. but, secondly, what they argue is the fact that she was never hiding. >> reporter: prosecutors asked

the judge to keep maxwell behind bars arguing she tried to flee when fbi agents arrived at her estate earlier this month. investigators also claim they noticed a cell phone wrapped in tinfoil, which prosecutors called a seemingly misguided effort to evade law enforcement. she had slithered away to gorgeous property in new hampshire, continuing to live a life of privilege while her victims deal with the trauma from years ago. >> reporter: victims argue that maxwell should be denied bail. annie farmer says she first met maxwell when she was 16. she called her a serial predator who groomed her and countless other women. >> seeing her go through a court proceeding, you know, and face justice, i think would really be very, very helpful. >> reporter: epstein died by suicide while in federal custody. maxwell denies wrongdoing in the case, she faces up to 35

years in prison if found guilty. nancy chen, cbs news, new york. there are new developments in the harvey weinstein case, today a federal judge rejected a proposed $19 million settlement for a group of women who say he sexually assaulted and harassed them. the judge says he did not approve it because weinstein would not pay out of his own pocket. the money would come from insurance companies. two hairstylists tested positive for covid after treating more than 100 clients to did their masks help prevent the spread? tonight, the test results. a bay area swim team, allowed to practice despite a city directive ordering schools to close. tonight, we investigate why.

just a spectacular day, not too hot inland, and not too cold at the coast. a summertime pattern i could get used to. paul heggen's standing by with the latest. high, paul. >> you are looking at the fog that is spreading across back in. it is a typical weather pattern, high pressure over the pacific is typically in control

in the middle of july and this week is no exception. not going to see a whole lot of changes as we go through the rest of the week. just some shifts in the big picture, temperatures remain close to normal. temperature stands the usual spread we see this time of year, 62 degrees in the city, a mix of upper 70s and low to mid 80s further in them. 84 degrees in concord, 74 degrees in santa rosa, 78 in san jose. 's ability is going to decrease, the fog will spread out over the bay and even some fingers of fog making their way inland as we head into early wednesday. that 4 up towards the coast, visibility will increase, sunshine peeking through the clouds right along the shore tomorrow. temperatures tonight, not much different than what we woke up with this morning. mid to upper 50s, low 50s for the coolest spots, along the coast in the valleys in the north bay. high temperatures tomorrow, right about where they should be within a degree or two on either side of the normals for july. temperature should read up into

the middle 60s, low to mid 80s in them. let's zoom around and show you what we expect. barely about 60 degrees along the coast, even that is seeing sunshine peeking through. 70s and low 80s around the south bay, up into the mid and upper half of the 80s as he headed to the santa clara valley. east bay will be a little toastier, as you had farther in them. 90s on the map, a little different from today around antioch and brentwood. fairfield, and the middle portion of the 80s, around the bay itself, mid-to upper 60s, low 70s, and then farther into the 70s if not low 80s for the north bay, you will not be quite as warm, cooler air will make it towards you. that is why santa rosa is a little bit cooler than some of the other inland spots. so, hot farther north. close to 100 degrees but remaining short of triple digit

territory. not too much change further into the week, cloud cover on thursday, that will knock a couple degrees of the temperatures, pretty much across the board. except along the coast where it will be cooler anyway. warmer as we head into the weekend. high temperatures around the bay, 70 degrees, two degrees above normal, right around 90 degrees with plenty of sunshine as we head through those weekend days. temperatures don't change a lot as we head into the early part of next week. coming up at 5:30 we will take it hour by hour with more temperatures. that is a deal, thank you. it is great to be able to finally report some encouraging news as california backtracks on reopenings. as alan martin reports, there is growing evidence that wearing a mask really works. and, that people are paying attention. >> reporter: you want to stop the coronavirus? until we've got a vaccine or immunity, here is at least one tried and true method. >> we can do this, everybody.

wear a mask. >> reporter: the cdc just published two reports on discovering. one involves a hair salon. two of the stylists tested positive for covid. before they knew it, they cut and styled the hair of 140 clients. however, while at work, everyone, including the client, wore a mask. and guess what? not a single customer got sick. >> zero transmission out of 140 exposures, in that setting, i think, speaks volumes. volumes, to the power of masks. >> reporter: the second study shows how wearing a mask is catching on. in april, 62% of people used a mask when they went outside. by may, that had jumped to 76%. however, listen to bill nye the science guy -- >> if it is exposed, you are not wearing a mask. why don't you just walk around spitting on me? >> reporter: this doctor knows that you have to cover the nose. >> probably about 40% goes through the nose. if you don't have to nose

covered you don't have your respiratory tract covered. >> reporter: alan martin, kpix 5. how many guys have you seen like this , right? doesn't do any good. pull it all the way up. about an hour ago the cdc issued a statement urging all americans to slow the spread of the virus by wearing a face covering. it is citing these two studies. experts say make sure you also prep this social distancing and good hand hygiene. that is right, and on that note, first lady melania trump has been promoting the wearing of masks, during the pandemic. this weekend, mrs. trump was spotted wearing a mask during a visit to women's center but today she posted a photo of herself on the event with the caption, even in the summer months, please remember to wear face coverings and practice social distancing. it can mean a healthier and safer country in the fall. apple is now giving home

testing kits to employees working remotely. the bay area tech giant says it will be shipping the kids to workers' homes. apple has closed more than 100 stores as the pandemic continues. employees of the offices have also been told they will likely not return before the end of the year. more local news ahead at 5:30. coronavirus is forcing bay area swimming pools to shut down for safety., we discover one bay area city that allowed a competitive swim team to practice in an indoor swimming pool, at a high school. a kpix 5 original report. transit agencies including b.a.r.t. call on the senate for billions of dollars in emergency funding. they are plea amid the pandemic .

oh, we love our new home. neighborhood's great. amazing school district. the hoa has been very involved. these shrubs aren't board approved. you need to break down your cardboard. thank you. violation. violation. i see you've met cynthia. at least geico makes bundling our home and car insurance easy. and it does help us save a bunch of money. two inches over regulation. thanks, cynthia. for bundling made easy, go to geico.com

and the hidden smiles. the foggy glasses, and the muffled laughs. a simple piece of fabric makes a big statement: i care. wear a mask. let's all do our part to slow the spread.

you're watching kpix 5 news at 5:30. right now on kpix 5 and streaming on cbsn bay area, more local news. this restaurant survived one pandemic, decades ago, but could not take it through this one. owners of the hidden gem say goodbye. a kpix 5 original report, swimming pools have been closed since the start of the pandemic in the bay area, and still are in san francisco. , the city did allow one to be opened despite its own health directive, banning pull use. good evening, i am veronica de la cruz. >> that swimming pool is in the basement of a high school.