>> reporter: i am here in hayward at the cherry land testing site located just off of mission boulevard. this line stretches three quarters of a mile long. some people have been waiting for hours, and they are about to get some bad news. >> i would start letting people know that we may be shutting down. >> reporter: the problem started around at 9:00 or 10:00 this morning when nurses noticed a slowdown with the computer system. the check in and uploading process which normally takes seconds was taking upwards of 10 minutes for each patient. they are using color labs based in palo alto and this is what the website looks like much of the morning. frozen and unresponsive. it would work intermittently, and a few lucky people like lori mcgee and her family, who waited 5 1/2 hours actually got tested. we spotted her in line at 12:52 p.m. >> you made it? >> yes, thank god. >> reporter: you know they were going to cut it off in about eight minutes. >> she told me. she said they're going to cancel it all out.

we weren't happy about that. >> reporter: indeed, by 1:00 p.m., a nonprofit service provider who runs this site shut it down and told the hundreds of people in line to go home. erin ortiz, the loss amelia ceo said they had similar problems last wednesday and friday. >> if there is a third day with problems, what then? >> we will have to have a meeting with the state lab and we will have to have a meeting with the county to figure out next steps if this keeps happening because we cannot continue to have this happen to the community. i will have to see if i can switch to a better lab. >> unfortunately the system is still unstable today. >> reporter: rosa crews who waited several hours was among those turned away. her employer requires a negative test before she can go back. >> nothing we can do. we are not going to be available to go to work. >> reporter: color released a statement, we are managing intermittent outages that have impacted registration and sample collection software. resolve this situation. we will restore service at these locations as soon as

possible. do not call 911 or go to the emergency room unless it is a medical emergency. we apologize for the stress and inconvenience this has caused. >> i understand that we have a surge and the system is overloaded but at the same time , if you're going to take this work on, you've got to be ready. you've got to be ready to take on this type of a load. >> aside from website issues, san francisco is reducing testing hours at four sites, due to covid-19 related staffing shortages. because of an increase in processing times for test results. we will have much more on that part of the testing meltdown coming up tonight at 6:00. new at 5:00, the biden administration will soon reimburse you for at home test starting saturday, private health insurers will be required to cover up to eight home covid-19 test per month. americans can go by a test at a store and have it paid for upfront or get reimbursed by sending a claim to their health plan.

bay area schools now scrambling with the dilemma of how to keep classrooms open. we had a team coverage on how different districts are handling the covid-19 search. decision to go remote. ely >> reporter: last week, milpitas unified school district decided the safest thing for its students was to switch from in-person to online learning, only to realize they no longer had the power to make that decision. >> the most i have had in my classes was to. just me and one other kid. >> reporter: a teacher, a couple of students and a sea of empty desks was the scene at classrooms across milpitas unified. >> i am not very good on distance-learning so i feel like it is the best for my future if i just came in and learned in-person. >> reporter: a handful of students showed up who prefer in-person learning. the district kept its campuses and classrooms open to comply with state law. most students stayed at home, anyway. >> of the numbers keep increasing, they should do what is best for the people, and maybe if distance-learning is

best for some, have that as an option. >> reporter: school systems statewide have been stripped of the power to implement a quarantine or switch to online learning. parents and families retain the right to decide what is in the best interest of their children's education and health. in milpitas, devin fehely, kpix 5. i'm juliette goodrich here in fremont. the fremont unified school district went back to school today, day one after winter break. here at rivington high school, students are just getting out right now. we ask some of them how the school day went. >> it was good. there were a lot of people gone from classes. >> reporter: why were they gone? >> they probably got covid-19 or they were waiting for test results. >> reporter: the fremont unified school district handed out more than 30,000 rapid covid-19 test last week for students to take before returning to school. day one of the handout turned into a bottleneck of cars and hours of waiting in line. parent maria arias said her family stayed home during winter break and she was not concerned about her kids

heading back to school today. >> they know what to do, keep their distance, vaccinated, with a mask, no concern at all. >> it seemed like the normal amount of people that went back . >> reporter: the fremont unified school district said attendance was lower today as they expected since many students are still waiting for their negative test results before returning. in fremont, juliette goodrich, kpix 5. i'm shawn chitnis in richmond where the west contra costa unified school district is closed for a second day, but offering testing here at its central office to help families prepare for students returning to the classroom on tuesday. testing at the central office was provided after the school district initially said this location would be closed. the line wrapped around the block and down the following street. some people waiting as long as two hours to get tested. others, though, were unable to wait so long, and went home. the school district tells us

more than 1200 people were tested at this location alone. >> it is important to everybody's safety, especially the kids. a lot of them, they are not vaccinated yet. >> this thing is very good. >> one of the school officials gave us an at home test, we were saving it to have it. we will use that. >> reporter: the school district will provide testing throughout the week but wants to remind families that they need an appointment. shawn chitnis, kpix 5. the hayward unified school district now reverting back to virtual instruction at least another week. this comes after more than 500 students tested positive for covid-19, and more than half the district classroom were missing teachers. the board will meet again on friday to reassess. california's covid-19 case counts skyrocketing. the seven day test positivity rate now about 22%. that is more than one in five californians testing positive. the state reports more than 308,000 confirmed cases.

that is up 5.5%. i'm allen martin, looking live at the state capital where covid-19 took center stage as governor newsom unveiled his more than $286 billion state budget proposal. the governor's plate lays out nearly $10 billion in new spending. he is asking lawmakers to take immediate action to expand the states covid-19 pandemic response by approving about $1.4 billion in emergency covid- 19 funding. >> the commitment and goal this year is to do more on testing, with vaccine boosters, and continue to do what we can to fight this latest surge. >> reporter: that request of emergency funds is part of a larger $2.7 million covid-19 response package which the governor's office expect to be mostly reimbursed by the federal government. $1.2 billion is set to expand testing by expanding clinic hours and sending rapid test to

schools and homes. 614 million for upping staffing at vaccination sites and hospitals, and 583 million to continue vaccine education campaigns, including combating misinformation. the governor's spending plan also includes efforts to mitigate the impacts of climate change, including more than 1 billion in new funds to lessen wildfire risks for better forest management and 750 million in drug relief. it also calls for significant new funding in response to the states homeless crisis, including another 2 billion over two years to help get people out of encampments and into shelters. >> we are serious about doing everything we can to have the job done, get people out of comments, get sidewalks back safely for our kids and community, not just for some. >> the budget also proposes five years of annual funding increases to uc and cal state. but in extent, the universities

have to close achievement gaps among underserved students and meet a long list of other targets. governor newsom also said that he wants health coverage for all immigrants. state lawmakers face the june 15th deadline to pass a budget. >> thank you. we brought you the governor's news conference live on cbsn bay area. you can watch 24 seven, streaming on cbsn bay area or the kpix 5 news app . in federal court today, a legal showdown between lawyers for former president trump andy specht congressman eric small well. he is now suing the president for the january 6 the riots. cbs reporter skyler henry is live with how trump's lawyers want that case tossed out. >> reporter: ryan, some of the lawsuits filed by some of those house democrats also include not only former president trump, but members of his inner circle including his son,

donald trump jr. as well as his personal attorney, rudy giuliani among others all alleging that the group actually was involved in conspiring to incite a crowd of supporters for the former president, to actually breech the capital. the president -- the former president i should say, is claiming absolute immunity. so are others within his inner circle.'s legal team is saying he did nothing illegal. >> reporter: a federal judge in washington, d.c. heard arguments on whether three civil lawsuits accusing former president donald trump of inciting the january 6th capital assaults can proceed. two cases were brought by bay area congressman eric small well and a group of house democrats led by january 6th committee chair benny thompson. to members of the u.s. capitol police force filed a third suit seeking damages for physical and emotional injuries they say they suffered from the riot. >> it is often difficult to

draw lines between what is said and what happens, particularly when the person making the statements is not the person actually taking the actions to physically harm somebody. >> reporter: lawyers for the formal former president want the lawsuits dismissed claiming he has absolute immunity. >> in part, the former president is arguing that he cannot be sued because he was president at the time and the statements he was making were official acts, but they were a part of his official duties. >> reporter: meanwhile, here on capitol hill, and another key trump ally, congressman jim jordan is refusing to cooperate with the house selected january 6th committee investigate in the attack on the u.s. capitol. >> reporter: the committee asked for a voluntary meeting last month calling the ohio republican a material witness given his direct contact with former president trump on january 6th. in a letter, mr. jordan wrote he has no confidence that the select committee will unfairly or accurately represent any information he could provide. a spokesperson accused the congress minute trying to hide facts and says the panel will consider appropriate next steps in the coming days.

>> reporter: you will remember the former president was supposed to speak about a january 6th on the day, one year ago, a few days ago. now, he is actually set to speak on saturday at an arizona rally where he will not only talk about what happened on january 6, but the investigations in and of itself. >> reporter: skyler, back to the lawsuits against the former president, this is not the only casey's having to deal with. >> reporter: that's right. there are several others, some legal experts we spoke with say that they actually see this going on for quite some time. operating in somewhat of a parallel track where you will have cases like you see here and then obviously the criminal investigations that are happening as well. on all sorts of levels, from the federal level to state levels as well. they really don't see this being some sort of class action situation, where a group of injured officers perhaps sues the president, or members of his inner circle at some point in time, collectively.

we may perhaps see these sorts of things happen on an individual case-by-case basis as we continue to move forward with all of this. >> thank you very much, skyler, reporting live from washington, d.c. still live on kpix 5 and streaming on cbsn bay area, a millionaire murder suspect who inspired an hbo documentary. what we have learned about the death of robert durst. bay area fans pay their respects to full house dad bob saget. new information from the medical examiner. the warning to a peninsula neighborhood, a mountain lion is on the prowl.

new york real estate air robert durst has died in a prison hospital in northern california. he had served five months of his life sentence for the murder of his friend susan

burbage. the 78-year-old was being held in stockton. his attorney says he died of natural causes, due to a number of ailments. durst was also facing a trial for the murder of his wife, who disappeared in 1982. this evening we are learning more about the autopsy of the late actor and comedian, bob saget. the medical examiner's office in florida says there is no evidence of drug use or foul play in his death. the 65-year-old actor was found dead in his hotel room in orlando, yesterday. in san francisco, fans paid tribute to bob saget, you can see people gathering outside the home made famous from the tv show, full house. fans say they stopped by because the house and saget were both part of their childhood. >> i learned a lot from him. just such a sad news, to hear about what happened. i had to be a bit closer to him and pay respects to what he created. >> reporter: fans say bob saget

and full house taught them to bond and value spending time with family. the last factory in los angeles will also pay tribute to saget with a sign outside, remembering the late comedian. and resonators in the bronx say a malfunctioning electric space heater started a deadly high-rise fire which killed 17 people, including eight children. it started on the second floor duplex on sunday. the flames only damaged the apartment and nearby hallways. the door to the apartment was left open, and smoke escaped and began to fill the entire building. officials say the doors are self-closing, however, the apartment door, and a door on the 15th floor, were not functioning. >> scary. very scary. >> reporter: you were able to get out through the window? >> yes. >> reporter: some residents say they ignored the sounds of the fire alarm in the building because of how frequently they go off. seven people in san jose have been displaced from their homes from a fire that may have been intentionally set. san jose fire responded to an

apartment fire last night in the 100 block of north sixth street. officials say firefighters had the blaze knocked down within 30 minutes, and no one was injured. arson investigators are looking into what may have started that fire. be on the lookout. police say a mountain lion has been spotted roaming around neighborhoods. they say that madeleine was spotted earlier today in the area of westmore avenue and baldwin avenue. we sent chopper five to take a look and saw police departments and fish and wildlife officers on scene. no sign of that mountain lion, but police are warning people to be on the lookout. if you see a big cat outside, don't say here, kitty, kitty. >> not a good idea. you have to imagine they were very disoriented, too, because they are not supposed to be in the neighborhood. often, they are looking for water, and it has been pr in

nderinif that is part of the reason, to. >> could i just followed a creek or something like that, because it couldn't find its way out. be careful with dogs, leaving them out in the backyard. >> yes, and cats. >> exactly. ayofurry friends. no additional rain in the forecast for us over the next several days, storm track is being pushed up north. all that rain in towards the pacific northwest. it has been, even by seattle standards, an exceptionally wet winter so far. now they are under floodwaters again for the next few days. high-pressure is in control of our weather, a hill of air on top of us repositioning itself a little bit but the overall weather pattern will remain the same. we will see some passing clouds overhead in the next few days, but no significant chance of rain. let's switch to future cast and show you how this guy is going to look through the next three days, taking you all the way to thursday. passing clouds overhead tonight fog is developing but likely remain confined confined to the central valley. clouds in wednesday and thursday but the radar simulation is turned on, you're just not seeing green on the map anywhere close to the bay area. the odds of clouds squeezing out any moisture in the form of

even a few sprinkles will remain very low. 10% range and at the highest through the next seven days and two week outlook, which also looks dry. we will check that out coming about 5:30. air quality isn't going to be great. you may have noticed hayes on the horizon today as ground- level pollutants trapped by the area of high-pressure overhead crashing down and acting like a lid on top of us. air quality will remain in the moderate category for most of us tomorrow, probably moderate across the board on wednesday. some improvement on thursday but then back to the moderate category again on friday. we will keep you updated as we had through the next several days. looking outside, beautiful sunset looking from treasure island store downtown and the bay bridge. temperatures all in the mid and upper 50s. a lot of us made it into the 60s but similar temperatures are in store for us tomorrow after a cool and chilly start. a mix of upper 30s and low 40s on the map early tomorrow morning. a few degrees warmer around the bay and along the coast.

high temperatures tomorrow going to be 3 to 6 degrees above average which at least puts us up to around 60 degrees. warm spots are even reaching into the mid 60s which will be the case for the santa clara valley, the coolest spots are just short of 60 degrees. low 60s around the south end of the bay. maybe not quite that warm for inland east bay, butler 60 for the tri-valley around 60 degrees for concord. cooler for antioch and brentwood because some fog is going to slow down the warm-up for eastern contra costa county. temperatures in the low 60s around the bay, low 60s for the north bay, 326 degrees above normal and further north for inland mendocino and lake counties, temperatures topping out in the low and mid 60s. we cool down a bit wednesday and thursday but the coolest days in the seven day forecast will bring us near average temperatures. one thing you do not see any of in the seven day forecast is a chance of rain. just some additional cloud cover on thursday and lots of sunshine friday, saturday, and sunday. eventually, the fog will become more of a factor in land on the east bay, so that fog spills in through the delta, we will

cross that bridge down the line but just a drive pattern that will continue for a while. i will have a look at the two week outlook coming up at 5:30. coming up, jimmy garoppolo and the 49ers rally back to make the playoffs. now they will see an old rifle in round one. you may have seen this incredible video, hear from the daring rescuers of a pilot of the plane before it was destroyed by a train. pcr versus rapid testing, we ask a local doctor in the age of omicron, which is better? that is at 8:15. we are always on kpix.com and on the kpix ap av health insurance, not because i didn't want it. i worried it was too expensive and i was having a hard time paying our other bills.

but now for the first time in our lives, i can do both. covered california makes health insurance easier in every way with financial help for millions of us and free assistance to compare your options. covered california. this way to health insurance. enrollment ends january 31st. go to coveredca.com

the 49ers are back in the playoffs after a wild overtime win in l.a., yesterday. rookie embry thomas came down with the interception to win the game. now it is on to dallas where the first round of the postseason will happen.

>> no question who the starting quarterback will be. glenn joins us with more on how jimmy g is silencing his critics. >> yeah, leave him alone, right? he is back to never having to pay for a meal status and now, i haven't been able to say this for a while, it is cowboys playoff week. 49er fans may not like how that sunday ramsgate started but they don't win that game without their teammates believing in jimmy garoppolo. garrotte below shook off some interceptions and delivered with a season on the line. gametime touchdown with 26 seconds left in regulation. guys, watch out for the thumb. all right. anyway, in overtime, garrotte below went back to jennings onto third-down place to get the 49ers into field-goal range. the receiving trio of jennings, brandon, and divo combined for 300 yards. robbie gold drilled a 24 yarder for the game-winner and the

49ers once trailed 17-0 early, grind it back to win it 27-24. hello postseason. >> off to a slow start, then coming back like we did. it took everything. we say that a lot of weeks but this one really did. i felt the way a lot of guys in that locker room did. it was one of those games you don't forget anytime soon. >> reporter: the 49ers and cowboys meet next sunday, you can watch it right here on kpix. those two old rivals will meet for the eighth time in the postseason. here we go. 40 years ago today, bill walsh calls these sprint right option play. camas and against clark. kip hit clark for the touchdown forever known as the catch, the

49ers beat the cowboys 28-27 and it started a run of five super bowl titles. but what folks might forget about that game, after that clark catch, the cowboys had 51 seconds left. it took and eric wright grab of receiver drew pearson, by the collar, that one that game. the game saving tackle. >> that is one of my first sports memories as a kid. >> i bet. >> thanks. >> iconic. a lot of traffic in sf general again today. a lot of these people are not sick patients, we will explain. we talk live with a bay area emergency room doctor about the

new year, new start. and now comcast business is making it easy to get going with the ready. set. save. sale. get started with fast and reliable internet and voice

for $64.99 a month with a 2-year price guarantee. it's easy... with flexible installation and backing from an expert team, 24/7. and for even more value, ask how to get up to a $500 prepaid card. get a great deal for your business with the ready. set. save. sale today. comcast business. powering possibilities. live on the oregon coast. my husband, sam, we've been married 53 years. we love to walk on the beach. i have two daughters and then two granddaughters. i noticed that memories were not there like they were when i was much younger. since taking prevagen, my memory has gotten better and it's like the puzzle pieces have all been

[click] put together. prevagen. healthier brain. better life. you are watching kpix news at 5:30. right now on kpix 5 and streaming on cbsn bay area, new at 5:30, california police officers relive the moment they pulled a pilot from his plane, just seconds before a train hit. we check in with a bay area emergency room doctor about the stress on the front lines. a new policy that lets healthcare workers return to work even after a positive covid-19 test. top story at 5:30, our look out over seven cisco where people seem to be following one covid-19 request but ignoring another. good evening, i'm elizabeth cook. >> i'm ryan yamamoto. people dealing with omicron symptoms are stressing the system. wilson walker