it was so chaotic, some even ditched their cars and walked on foot. evan feel he is in fremont and explains what went wrong. >> reporter: the test giveaway for the fremont unified school system has frankly been a bit of a mess. it has resulted in long lines of cars and people waiting to get those tests even as public health officials question the value of a single test in isolation. >> here for a covid-19 test kit, it may be quicker to park in the parking lot and walk up. >> reporter: this is what it looks like when you try to give up 33,000 test kits at one location. those are parked cars on the right, parents waiting to pick up a test. >> as much as i appreciate fremont unified school district distribute in these kits i think they should have been planned much better. >> reporter: the school district was trying to slow the spread of the omicron variant

by encouraging every student and teacher to get tested before returning to class next week. >> we regret that any of our families and students and staff have had to wait an extended period of time. we are committed to making sure that they get these tests delivered to them. >> reporter: parents who waited in a long line that snaked around the district headquarters fear that despite the school systems good intentions, they may have inadvertently created their own super spreader event. bringing so many people to a single location. >> considering omicron is very contagious, you can contract omicron waiting in this line that i have double masks, n95 and a surgical mask and i am concerned waiting in this long line. >> reporter: school systems across the bay area use free at- home tests after christmas and new year's to prevent infected students and staff from returning to campus and exposing others. public health officials say it may be time to consider regular, ongoing testing at every school. >> at the end of the day, the more test you do the more you can keep people who are diseased away from people who are not diseased.

>> reporter: capacity will be key if we want to do more testing. in fremont, countless parents were turned away when the giveaway ended promptly at 2:00. they left empty-handed, many full of frustration. >> you got people coming that are in a family that are just grabbing them. >> reporter: devin fehely, kpix 5. >> the cisco teachers union is blasting the district for the way it is handling the covid-19 testing crisis. hundreds of teachers and aides have been out of school this week amid a huge covid-19 surge. this comes as thousands of students return from the winter break. many are rushing to get tested only to find long lines to receive free test kits. today, the union says an emergency should already have been in place to handle demand. >> we know, after a year and a half, of dealing with crisis across the country, we need an emergency plan in the event of a surge. >> these are very reasonable

demands, making testing available for all, n95 masks, and especially, covering when folks are out. >> the central cisco unified school district says, quote, we have been operationalizing one of the largest of the 19 testing operations in san francisco and have made reliable testing regularly available to students and staff since last spring. a group of teachers is circulating a petition calling for a teachers sick out tomorrow to protest the district. >> a live look out at the san jose, the city could become the first in the state to mandate proof of booster shots for city employees, and to enter major city owned facilities. kpix 5 kiet do breaks it down for us. >> reporter: this proposal has cleared the rules committee this afternoon as expected,

it's now moves on to a vote before the full council in just a couple of weeks. if approved, the city of san jose will be one of the largest government agencies in the country to have a booster mandate. >> jones? >> high. >> thank you. >> thank you. thank you, mayor. >> reporter: the booster mandate cleared another major hurdle in san jose, today. passing the rules committee, unanimously. neither the cdc nor state of california has issued such a wide reaching mandate for boosters. >> why not wait until the cdc makes that announcement? why jump the gun? >> there is no benefit in waiting. we see what is happening throughout the country. we know that we have here in the bay area, rapidly increasing case counts, let's use our common sense. wear a mask and get boosted. >> reporter: if the booster mandate is approved, visitors will have to show proof of a third shot while attending large gatherings of 50 or more people in properties which includes sap center, san jose civic, the montgomery theater, the convention center, solar for

america facility, city hall, the mexican heritage plaza and center for the performing arts. basically, this includes, but is not limited to, hockey games, concerts, conventions, and imax movies. the booster mandate does not apply to library daily operations, including storytime , senior nutrition programs, city council meetings, and daily operations at the museums. the decision comes as a santa clara county posted yet another day of skyhigh case counts, a seven day rolling average no more than 1600 per day. that is closing in on the all- time high of 2200 set one year ago. >> the reality is this is something folks need to prepare to do anyway. if it is not going to be a mandate now, today, from the state, it will be in the next month or two. let's get in front of it, let's all do what we need to do to prepare. >> the next step. >> not a big deal. >> i don't think so. >> reporter: scott needs with the san jose downtown association says showing proof of vaccine is already becoming a part of daily life. >> people who are thinking

about going into these large indoor facilities, they will take the extra step. >> reporter: they had no comment at this time. kiet do, kpix 5. there is a look at another headline, covid 19 positivity rate in covering is exploding but you can see the spike in this graph, the latest seven- day positivity rate is about 21%. a jump from one week prior. a sweeping mask mandate for indoor public spaces is extended through february 15th. the mask order was resurrected last month. initially the state would reevaluate the mandate on february 15th but they decided to extend it early. ac/dc advisory panel is recommending pfizer's booster shots for younger teenagers, kids 12 to 15 would, five months after their primary shots

. it is now up to the cdc director to give the final okay. if you are looking for a booster shot or covid-19 test, you can check out our resource guide on kpix.com, click the red banner at the top of the homepage. new video shows police officers swarming this mill valley neighborhood. it comes after a police chase on highway 101 ended near elm and matilda streets. to suspects abandoned a car they were in and took off on foot. they were later taken into custody. new details on the freeway shooting that killed an alameda county sheriff recruit. he has been identified as 28- year-old david nguyen. we know he was about to graduate to the academy and enter a career in law enforcement. nguyen was shot yesterday afternoon on the westbound approach of the bay bridge. he was heading home to san francisco from the academy in dublin. >> you know, it is tough to get jobs there. we don't just hire anybody. you know? for every seat taken, probably

100 people try for it. so, he passed his background, he lived his life a certain way. it is a shame. >> my heart and prayers go out to the family. these incidents are happening far too often. >> nguyen's body was given a police escort to the alameda county coroner's office. >> a gruesome discovery in east oakland, police found a body inside a burned vehicle. that happened this morning on delaware street near 580. authorities are investing -- investigating the case as a homicide, but the victim's identity has not yet been released. in san jose, police arrested a man armed with an ax and a knife who was vandalizing businesses and a shopping center. police say the suspect was smashing windows and businesses and vehicles. they found him in front of a business fitness center. officers found crisis intervention techniques to take

him into custody. new at 6:00, a palo alto couple involved in the college admissions scandal is expected to plead guilty. dr. gregory colburn and amy colburn are accused of paying $25,000 to cheat on their sons admission test. the couple has agreed to plead guilty to conspiracy to money laundering and mail fraud charges. the news comes six weeks before they were set to go on trial in federal court. the valley transportation authority is using the power of eminent domain to buy a dozen pieces of land in the downtown san jose project including this piece of land behind me, but what happens if the owners do not want to sell or move? left in the dark for weeks. the shelter struggling to care for animals, why help cannot come soon enough. later, could be niners jimmy g pull through and play on sunday's big game? vern will have an update coming up in sports. so far this rainy season we are off to a great start.

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new at 6:00, another sign that the b.a.r.t. to downtown san jose project is

moving forward. the san jose valley authority is buying land from property owners. a tunnel in b.a.r.t. station located on east santa clara street in downtown san jose. len ramirez has more on how some property owners could be forced to sell their land. >> the valley transportation authority says it needs to use the power of eminent domain to take over some of these parcels of land to build a downtown san jose project with the owners of the land being fairly compensated. but, not all the business owners around hearsay that process is fair. >> reporter: the monarch truck center has been selling, renting, and repairing trucks for san jose industry on this site for the last 30 years. but, it's owners are not sure how much longer they will be here. >> there is this big pending doom, that we think about every night. we have a hard time sleeping. >> reporter: that is because the truck center was given notice by the valley transportation authority that it's five acre site is needed for the b.a.r.t. extension into downtown san

jose. the law will have to move. >> the deadline they have given us is by december this year. which we think is unreasonable. we are currently in the process of looking for a site to relocate, but it has been a real challenge. >> reporter: the bta is currently buying up 93 pieces of land along the santa clara street corridor, where trains will eventually run in tunnels two underground stations. >> the b.a.r.t., silicon valley project itself is really all about bringing enhanced public benefit to enhance mobility. >> reporter: buying the land is a long process that begins with friendly negotiations which can move into eminent domain if no agreement can be reached on pricing. it could end with a court deciding what is fair. >> we don't get to the eminent domain process until we have exhausted other efforts to acquire the property. >> there is a lot of other businesses and companies, both large and small, that rely on us to keep their trucks running. >> reporter: the truck center says it has been working with a bta real estate team to find

another location, but so far, nothing comes close. >> there is not a lot of industrial land left in san jose. >> reporter: he says they will keep looking, but time is ticking away. in san jose, len ramirez, kpix 5. sentences go city leaders will tomorrow hold a second hearing on the fix for the leaning millennium tower. the tower is currently tilting about two feet toward the corner of mission and fremont streets. the so-called perimeter pyle upgrade has been under heavy scrutiny from some city officials over the last several months. just last week, the project engineers announced a revised plan for the fix which would involve putting fewer piles down to bedrock than they initially planned for. project engineers believe this is the best way to move forward, to help minimize sediment and tilt. new at 6:00, some good news for jobseekers after two bay area cities ranked among the top 10 places to find work. according to wallet hub, san francisco came in at number three, and san jose was listed

at 9. opportunity, employment, growth, and starting salary were the major factors they considered when ranking the cities. despite the top 10 listing, another study claimed san francisco was dead last in average commute time. in the sierra, tens of thousands still do not have power tonight after a series of winter storms slammed the region. pg&e says it is working to restore electricity, but some customers could go another week without power until january 11th. for one animal shelter in nevada county it cannot come soon enough. two generators are a lifeline for the sammy's friends shelter, which lost power during the christmas storm but they are at full capacity, and the workers are being pushed to their limits. >> everyone is turning dogs in and animal control is responding a lot of dogs out there. >> we are beyond capacity.

>> luckily, volunteer staff, many who do not have power at their own homes have been keeping things afloat. >> times are tough but you cannot just abandon your animals. >> nope, that's sad to see. >> such a difficult position to be in. welcoming the snow, for 95% of the benefits that it brings but that is the negative side of it. we will get a break from rain chances, just that fog out there and cloud cover as we go through the rest of the night. we will see partial clearing by tomorrow afternoon. a specially further inland. very similar to the pattern we had today. dense fog in the morning with son in the afternoon. then near-normal temperatures. lorraine returns to the north bay thursday night but the rest of the bay area, rain chances return on friday. let's take a look at our by our rain chances starting with the northbay we will focus on santa rosa where the rain chances really peaked before the sun comes up friday morning. tapering off towards late morning. a little later arrival for sentences go, and the central bay. rain chances will be slightly lower but it is still

a good chance of measurable rain overall and rain chances taper off as we head toward midday on friday. even later arrival for san jose and the santa clara valley, and low rain chances. i think lower than 50/50 chance for anything more than a trace in san jose but there is a chance for at least a few sprinkles to move through and some of the forecast models are indicating some measurable rainfall, even into santa clara valley. let's take a look at the northern half of the bay area. this will not be a substantial rain event by any stretch of the imagination. less than 1/10 of one inch of the rain indicated by forecast models in the higher spots but there are a few spots that may overachieve and get close to a order inch. about a few one hundredths of an inch for northern parts of the east bay. this model indicating six one hundredths of an inch but that is your best case scenario. i think it will be half of that or less but we will be up to mystic and hope for the best. let's take a look at what is

happening right now. can good with fog flooding in from downtown san francisco where the temperature has not changed. mid and upper 50s at the moment, that fog will be pretty widespread. temperatures in the mid and upper 40s with the fog insulating the ground, temperatures dropping too far, for reduced visibility as we start the day allowing after time for the morning commute. that fog will start dissipating by late morning but there will still be some of it out there finally lifting as we head toward midday. dog walking forecast brought to you by ginger making her way through some dense fog in santa rosa. starting the day tomorrow, but a happier dogface for tomorrow afternoon with temperatures rising into the upper 50s and some of that sunshine breaking through the clouds. even if you are stuck with gray skies overhead tomorrow, high temperatures will be close to normal by thursday afternoon which means mid and upper 50s around 60 degrees. not a lot of variation from spot to spot tomorrow and not much variation to our day-to- day temperatures. chance of showers on friday with the sun reemerging friday afternoon. more clouds in the forecast on monday and an even chance for

additional showers north of the golden gate and along the coast. the rest of us will stay dry. that is something we will focus on more as we make our way through the weekend. >> thanks. cbs evening news is coming up. >> here is norah o'donnell with a preview. it is a busy news day, indeed. tonight after kpix 5 news at 6:00, schools and the covid-19 crisis. hundreds of thousands of students are out of the classroom, nationwide. while the union fight and chaos, tonight, for teachers and parents. the cbs evening news is now just minutes away. straightahead in sports, and entire country said no to the joker. and the 49ers? it's an ongoing saga. who wins? the 49ers quarterback in a got to have it season finale. we will talk about it with the head coach. streaming tonight on cbsn bay area, some parents and students dealing with the anxiety of returning to school amid the omicron surge. cal state east bay's chair of public health shares his advice, that is at 8:30.

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nfl up top and the 49ers. who starts sunday's regular- season finale? jimmy garoppolo or trey lance? that's coach shanahan's decision. may be some gamesmanship in this exchange, today? >> i haven't made the decision

now, which is the truth. i will probably make it before the game starts and i will not tell you when i do that. >> a lot depends on how parabola practices and his pain threshold. squeezing and throwing a football with the injured right thumb, you see how he had it taped today before practice. it is a ligament tear and a chipped bone suffered on this play and loss at tennessee. >> what does it feel like? >> it hurts. i don't know how else to describe it. it feels like the web in your hand is tearing a little bit. yeah. that is probably the best way i can describe. >> yes, you dog. >> look how george kittle gets. shove kyle shanahan on the sidelines. anyone within range. ready or not.

>> i would rather trey avoid kittle after place. i appreciate the encouragement but he cannot control his impressiveness. tray can handle it but i run from kittle. >> rookie cornerback amber thomas, number 20 on display. did not catch the football, but he caught covid-19 instead. he became the fifth defensive back placed on the covid-19 list this week. ball could still play on sunday. and then, there is the raiders. epic game on sunday. beat the chargers, they make the postseason tournament for the first time since 2016. a true winner take all showdown in vegas. but, there is one small chance that would allow both teams to get in if they tie. the jaguars would need to beat the colts for that to happen. something head coach rich doesn't even want to think

about. >> you play for a tie and you both get in. does that factor into your thinking at all? what are your thoughts? when you came in. >> i don't think i ever passed mass. i don't even know what you just talked about. >> where did you get all the free time, paul, to go through all that. >> jiminy cricket's. >> he is novak djokovic, the world's number one ranked tennis player and defending australian open champion, he had his visas canceled by the government and was asked to leave the country. djokovic, nicknamed the joker, was not laughing. unvaccinated, he was given a special medical exemption to enter the country, but that exemption was abruptly revoked. that tennis tenant begins in less than two weeks. my spider sense tells me, two weeks? they have a way of working things out. >> we will see what happens but they are pretty strict over there. even for novak.

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the country, tonight's drawing is estimated to have a jackpot worth a whopping $630 million. >> yikes. >> that would make you very comfortable in life. maybe buy a house in the bay area. ♪ ♪ ♪ captioning sponsored by cbs >> o'donnell: tonight, we're following several breaking news stories. a c.d.c. panel recommends boosters for teens, plus what's happening in america's schools. hundreds of thousands of kids are out of the classroom. the struggle for parents, teachers, and children. the post-holiday surge leads school districts nationwide to cancel in-person learning.tricto tonight, the union battle in the nation's third-largest district. >> when our district was fully remote, our children suffered. >> o'donnell: and omicron postpones music's biggest night, the grammys, as cases surge nationwide. philadelphia's deadliest fire in philadelphia's deadliest fire in a century. 13 people killed, including seven children. >> this is without a doubt one of the most tragic days in our