city that some covid testing sites may not be what they seem. good evening. i am elizabeth cook. and i am ryan yamamoto. let's go to andria borba, where the city is cracking down on the pop-up sites. >> reporter: with city run testing sites here in san francisco slowing down and even stopping nasal swabs at one point yesterday, the city attorney is worried about people looking to profit, moving in to fill that void. with demand for covid-19 testing surging today, san francisco city leaders are worried pop-up test sites on city sidewalks could be less than legal. >> it would be unacceptable if there are rogue actors trying to exploit the situation, setting up unlicensed testing facilities to try to make a quick buck. >> reporter: this was the corner of dolores and 18th next to missing high school yesterday. a company called community wellness awareness america set up a pop-up site. today it was gone. the corner empty, and under

investigation by simmons for city attorney david chiu. >> we are looking for a specific federal license that these operators are supposed to have. >> reporter: weeded checking into community wellness america. here is what we found. irs documents revealed the organization is a 501(c)(3), a tax-exempt public charity. the certificate on display was for its partner, crestview clinical laboratories, that is supposed to test all of the samples. that certificate had expired in november, but we found a federal website indicating it actually expires at the end of the month. they were concerned that the test being handed out were valid . >> we are concerned that at the same time members of the public could be having their personally identifiable information taken these rogue operators, and used for who knows what. >> reporter: no one knows if that is the case with community wellness america. the medical director told kpix 5 he is surprised the lab

certificate had expired, but he did not answer any other questions. the other issue for the city as the company had no permit to operate on the sidewalk. a testing site would be allowed to operate on the sidewalk in san francisco with a permit from the department of public works. but they tell kpix 5 no such permit exists for mindy wellness america anywhere near mission high school, or in the city at all. we tried to reach out to the owner of community wellness america. he is licensed to practice acupuncture here in the state of california, but has not returned any of our numerous calls or emails. the city attorney says to expect quick action on the subject. >> you have to be careful. thank you. there is an enormous demand for covid-19 tests right now across san francisco. many sites like this one at seventh and brennan could not administer any tests on tuesday.

>> our max darrow had a front row seat to watch frustration billed as computer problems at palo alto-based color labs shut down san francisco affiliated sites for a second straight day. >> i took a cab to miss and i have to reschedule and come back here tomorrow. >> it has become apparent that during this surge but we need to take a more robust approach to expanding our testing infrastructure. >> city sites are operating at 500 to 900% of capacity right now, shattering previous records, and averaging or than 10,000 tests per day. >> we need all of our private healthcare providers to step up and do your part, and to not just send people to the city resources, but to make sure you are providing resources that

the members and city are paying you to provide. >> mayor london breed is now threatening large providers like solder and kaiser with fines if they do not submit weekly proof of providing timely tests to their members and staff. at this point, she says she does not expect any new covid restrictions or school closures. in a few hours, sonoma county will become the first the area to restrict large gatherings in response to the omicron surge. for the next 30 days, they will limit offense to 50 people's indoors am a 100 outdoors. they are also asking everyone to stay home as much as possible. >> okay, so let us say you break your leg. you want to be able to use those services. >> i don't want people getting sick and dying. i have to slow everything down for little while, that is what it is. >> that order takes effect at midnight. it does not apply to workplaces, restaurants, malls, or schools. a live look now at santa clara county, also seeing a huge explosion of cases. the public health officer says it is likely even worse than it looks on paper. >> as of today, our 7 day

average number of cases exceeds 4000 new cases per day. and we know that these reported cases represent only a portion of our actual cases, because now any people are using at home antigen tests, and those results are not reportable, and not reflected in these numbers. >> is for when we will be through the worst of it, dr. cody predicts a peek sometime towards the end of this month or early february. and alameda county, the district attorney is now warning covid test seekers to be on the lookout for price gouging, and to report it. the governor issued a statewide order this week and prohibiting sellers from hiking prices by more than 10% beyond where they were on december 1. meanwhile, hospitals all over the bay area are never meeting people that the e.r. is not the place to come for a covid test. andrea nakano is looking into that problem at 11:00. if you are looking for a test or vaccine, check out our

resource guide on kpix.com. a federal judge has ruled that the ftc antitrust case against a facebook parent company meta can proceed. it comes months after the first complaint was thrown out last year. the amended version accuses facebook of using an illegal by arbery scheme to maintain its dominant in the market. the judge said this time the ftc offered better evidence to prove the claim, but in a statement, a meta spokesperson said it will be a tall task, adding, quote, our investments in instagram and whatsapp transformed them into what they are today. they've been good for competition, good for the competition people and businesses that choose to use our products. meanwhile, a separate discotheque firm is making headlines this evening for asking their employees to work less. coming up tonight at 11:00, betty yu shows us how a permanent 4 day work week is already paying off. parents and one bay area city working overtime tonight to keep their schools open. >> if there's ever been

anything in my career that is more energizing, inspiring. >> they are offering to do everything from serving up lunch to taking out the trash. capital attribute to nfl legend and bay area hometown hero john madden. the governor plans to give california drivers a break from soaring prices at the pump, and why not everyone is in favor. a mild day across the bay area. temperatures topped out in the low to mid 60s. tomorrow's temperatures to be lower than average as well. we will see if there's anything to be found coming up. we are counting down to 49er playoff football right here on kpix 5. he will take on the cowboys in dallas sunday at 1:30. stay tuned after the game for the fifth quarter, and kpix 5 news.

classrooms reopening across the west contra costa unified school district today after a 4 day shutdown for deep cleaning, but not everyone came back. the middle school in el cerrito was down nine teachers today. parents got to know yesterday saying they don't plan to return until next tuesday. in a statement, the superintendent said the district is doing everything possible to address their concerns, adding, quote, this type of action is not helpful, and just exacerbates our current staffing issues. in the end, it is students and families not servedenstaff coordinate together do not show up at school. palo alto schools got more than they bargained for when they put out a call for parent

volunteers to help keep the campuses running. nearly 700 stepped forward offering to serve as custodians, lunchroom help, and classroom aides. >> there has never been anything in my career that is more energizing, inspiring, and just really a win when everyone is losing. >> seeing the kids thrive, being able to be with other kids , i feel like there decision to keep the schools open, but to make sure there is support, is a good one. >> parent volunteers must show proof of vaccination, and there are limits to what there will be allowed to do. they are not a replacement for teachers, and in just the last few hours, governor newsom signed an executive order to listen requirements for substitute teachers, and make it easier for retired teachers to jump back in and help. taking a look at top headlines, with u.s. covert hospitalizations at an all-time high, senators press federal health officials what they plan to do next. >> at times it doesn't seem like anyone is in charge.

>>'s it's a very wily virus. it has fooled everybody all the time, from the time it first came in to delta, to now omicron, very unpredictable, and we are doing the best we possibly can. >> we are continuing to bring task tests to the american people. as result, the president has announced we are in the process of procuring the 500 million tests which every american household will be able to order and have shipped directly to their house. meanwhile, if you are able to get your hands on an approved rapid test, your insurer have to reimburse you for it starting on saturday. the president's new rule covers eight tests per person per month. tonight, the cdc is now advising against to travel to canada, due to a surge of covid cases there. joins more than 80 other destinations on the cdc's highest risk list. tonight, united airlines is cutting an unspecified number of flights because of a lack of

staff to get them off of the ground. a companywide memo revealed about 3000 employees currently have covid. let's take a look at the state capitol where debate has begun over a bill that would create the first universal healthcare system in the country. if it moves forward, hearing on how to pay for will be held later, but it would include tax hikes that would then require voter approval. pass the freedom to vote act. pass it now. >> president biden and vice president harris visited the former atlantic district of late congressman john lewis to push for swift passage of his namesake voting rights bill. it would require states with a history of discrimination to get justice apartment approval before changing election laws. another bill would establish national standards for things like early voting. the president says if changing filibuster rules is what it takes to be getting those things past, so be it.

>> the filibuster is what makes the senate only work when it is supposed to work. changes coming from the u.s. mint tonight. new quarters featuring a diverse set of trailblazing american women are now rolling out to the nation's banks. starting with poet maya angelou. other honorees include astronaut sally ride, cherokee nation cheech chief wilma man killer, suffrage it leader nino tara warren, and anna may wong. this is the first set in a multi-year series honoring women's contributions in areas like civil rights, government, science, and of course the arts. a live look at the u.s. capitol, where the house paused today to honor nfl legend john madden. there was a special order our for the hall of fame coach and commentator. he coached the oakland raiders for 10 seasons, leading to a

super bowl victory in 1977. he died last month at his home in pleasanton at the age of 85. >> john madden was simultaneously a larger-than- life hall of fame coach and broadcaster, but also someone you could hang out with and have a cold miller light at the outback steakhouse in dublin after his grandson's football game, bump into at ace hardware on a saturday afternoon, looking at power tools, or join for ham and eggs after mass on a sunday morning at vic's all- star kitchen on main street in pleasanton. >> we first brought you the tribute live on cbsn bay area , streaming 24/7 on kpix.com . we have posted a longer clip of that tribute. it was an honor, moving, but no turkey duck. >> the raiders are in the playoffs at cincinnati this saturday. the temperature of about 69 degrees.

let's talk about or weather. the pacific northwest is stuck in a rainy weather pattern. we will be dry. this will be the la nina pattern we have been anticipating. we are fortunate to have above average rainfall in october and december, because january is likely to go into the books with below average rainfall. largely rain eethe area including the next few days. no moisture being squeezed out of those clouds. sunshine tomorrow, locally dense fog which may take a little while to dissipate. more passing clouds tomorrow night into thursday. then we will break through to more sunshine with more sun then clouds in the forecast for the end of the work week as we round the corner of the work we can head into the martin luther king holiday weekend. there won't be much to wash the haze out of the atmosphere, so the air quality was okay. moderate air quality. moderate across the board tomorrow. a wind shift associated with

that cloud cover on thursday may improve the air quality a little bit, then back to moderate on friday and saturday. the good news is it won't be any worse than that. the bad news is it won't be any better than that either. outside right now, nice view from salesforce tower. temperature downtown is 58 degrees, the warm spot. everyone else, between 51 and 53 degrees. temperatures will drop off to the rest of tonight. the potential for locally dense fog spilling in from the central valley to the delta to the east bay valleys. upper 30s and low 40s to start the day tomorrow, with mid to upper 40s around the bay and coast. san francisco's temperatures will warm up. the fog should dissipate as we had to late morning and early afternoon. high temperatures back up into the low 60s, 5 to 6 degrees above average. fog possible for santa rosa. your temperatures warm up to the mid-60s. concord is the tricky spot. the fog could be a bit more stubborn. if it hangs on longer, your

temperature will be stuck in the upper 50s. low 60s for inland parts of the east bay. mid-60s in the silicon valley. we will fill in the rest of the map, most locations in the low to mid 60s. we back down to closer to normal high temperatures thursday and friday, with a similar pattern over the three- day weekend. more passing clouds in the forecast sunday, monday, and tuesday of next week, but no brain out of those clouds. the next 2 weeks, it looks like a dry pattern into the last week of january. we will look at that coming up at 11:00. still to come, things go out of control for a bay area driver doing donuts, and police want to make sure you see it. streaming tonight on cbsn bay area, highlights from ces in las vegas, and the top tech

trends to watch out for in 2022. you can find us on kpix.com, or on the kpix app. we are also on the cbs news app. you can download it for free on your favorite streaming devi

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antioch. this driver stopped himself from spinning a legal donuts by slamming into a parking lot light pole. after arresting amended and pouting his car, please posted the video as a warning to would be stunt drivers in the captioned, make better donut selections, please it perhaps something with sprinkles. >> that's a very satisfying video. >> it is. got what he deserved. is and wants to give other california drivers a break. >> gas prices are some of the highest in the country. they have jumped nearly 7% in the last year, but a big budget surplus on the books. the governor is floating the idea of suspending the 5.6% gas tax increase set to take effect in july. drivers we spoke with say it will take any break they can get.

>> terrible. absolutely terrible. five dollars. >> i just filled up, $100. >> per week, almost $30. >> suspending the increase nud th half$1 everne is ino caasalt veme ascie os stund dralur life and never run into a rolled walk as entertaining as this. the simple mistake that led to an ostrich stampede. that's next.

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all this video clip needs to be perfect is a backing

. unately it isexto linse it agine it in your head as you watch these ostriches just stampede down the city streets in southern china. >> 80 of the birds made a break for it when a farmworker manning their gait laid a bit of an egg and forgot to lock it. their freedom flight was short- lived thanks to police who helped round them up. >> those things are fast. >> i don't think they are the brightest, though. i think it is easy to coax them in a direction. >> there you go. great video.

announcer: it's time to play "family feud"! give it up for steve harvey! [captioning made possible by fremantle media] [cheering and applause] steve: how y'all? how's everybody? i appreciate that. thank y'all. i appreciate it, everybody. well, welcome to "family feud," everybody. i'm your man steve harvey. [cheering and applause] oh, we got a good one for you today, folks. returning for their 5th and final day, with a total of 41,595 bucks, from douglasville, georgia, it's the champs, it's the wizner family. [cheering and applause] and from byron, minnesota,