a huge impact on local restaurants. some owners say they may not survive on takeout alone. devon. >> reporter: restaurant owners have spent thousands, sometimes 10s of thousands of dollars to adapt their setup to the pandemic and public health orders. and you know, they say that with this latest shutdo down that they're really near the breaking point. >> from a small business standpoint, it's completely unfair what's going on. >> reporter: jim spent $30,000 to build a patio and install plixiglass dividers to learn indoor and outdoor dining would be shut down. >> i'm throwing my hands up. i have no answers. i don't know why, you know, small business is picked on like this. >> reporter: for restaurant owners nine months into the pandemic, their long-simmering fear and frustration has finally boiled over becoming red hot anger mixed with thoughts of open defiance of

public health orders. >> there is no empirical evidence anywhere that i have read or that i've been shown that shows outdoor dining is a cause or a spreader of covid- 19. >> reporter: spent more than $10 grand on a brand-new tent to upgrade his outdoor dining setup but never got a chance to install it before the latest lockdown. he feels unfairly targeted. >> i think it's completely unfair. we're well aware that the problem is exacerbated by ignoring the problem and getting together with families and friends. >> reporter: many say they simply cannot survive on take out alone and wonder if the the community's financial well being should be considered in addition to its physical health. >> it's not as soul crushing as it was back in march but certainly it's not good when you're only making 20% of your

year to date revenue. >> reporter: why aren't some of these restaurant owners just simply defying these public health orders? now believe me, they are sorely tempted to do so. they say the answer is twofold. they don't want to be fined. if you're not making a lot of money, you don't want to make what money you are making allowed to be eaten up by government fines. and second, they say they're concerned about a back a lash from some portion of their customers that simply would not agree with that decision. in san jose, kpix 5. in alameda county where the stay at home order is in full effect. you may want to look at your phone, your smart phone. there's a new app that can notify you about covid notifications. all you have to do is opt in. governor newsom today saying we're in the final stretch. >> this is the third wave. we don't anticipate a fourth. vaccines are on the way. >> reporter: another tool to

fight the spread of the illness. it's the voluntary smart phone app that alerts people if they've spent time with someone who tests positive for the virus. he says this is not contact tracing. this is notification the technology. here's how it works. go to settings on your phone, open it up, and it will lead you to exposure notifications. you open that up, follow the prompts, and you're in. a lot of people are concerned about the privacy and the data. cyber security expert at san jose state university. >> here's the catch about it. for the privacy, you have to understand this information about you having the test is actually held by the, you know, the public health department of california. so there's the hippa regular haitian that will protect you in this case. >> reporter: it's a two-way street. i have to have the app and a person in my vicinity also has to have it and also report it if they test positive, correct? >> correct. that is absolutely the conditions for this, you know,

i call it an experiment we're going through to help us, you know, stop the spread of the virus. so there's a lot of obstacles for everybody to go through before they can say this is available for everybody. >> wondering when the app will be available and how does the technology actually work? >> reporter: yes. so i actually tried it on my iphone today. it's available now. if you have an android, you can go to your google settings and set it up there. it's up to you to decide. it's based on bluetooth technology. the bluetooth will send random codes from phone to phone not revealing your identity or your location. that's a big deal to a lot of people. >> you bet. thanks. santa clara county seeing a spike as well reporting 1450 cases yesterday. that is almost double the previous single-day record. eight new deaths also recorded

and the county's icu's are stretching thin. the county also said that more than 17,000 vaccines of the 3 20,000 in the state will go to south bay hospitals with priority given to frontline healthcare workers and those in nursing homes. >> we certainly will not get enough vaccine for both of those large groups, but this is the first allocation, and we expect subsequent allocations over the next several weeks. >> we first brought you the santa clara county announcement live on cbsn bay area, which you can stream any time on kpix.com or your favorite streaming devices. president-elect joe biden has tapped california attorney general to lead the u.s. department of health and human services. bocera would be the first latino to run the department at a time when the nation is battling the pandemic. he recently spoke to kpix 5

about covid and obama-care. >> so many americans throughout the country who are now securing support assistance, medical relief because of covid- 19 are getting it through the affordable care act. >> the fact that it's our own is a game changer for the state of california. >> rookie san francisco police officer has been indicted in connection with a shooting. it happened a year ago today. officer christopher flores was responding to a burglary report when he shot and injured jamaica hampton. police say the gunfire erupted after hampton attacked one of the officers. but a grand jury determined there is probable cause to believe that officer flores committed a crime. the jury also indicted hampton in the case. >> i think there's a clear history of failure to hold police accountable, not just in san francisco but across the

country. frankly, it's one of the reasons i was elected on a reform agenda with a commitment to enforce the law equally, including against police when they commit crimes. >> san francisco police officers association fired back saying, quote, bodine's failure to personally file charges against mr. hampton for his vicious attacks on our officers sends a clear message that bodine has no intention of protecting officers who are victims of violence. flores is the second san francisco officer in two weeks to be indicted. christopher samaya was charged with manslaughter in the deadly shooting of carjacking suspect keta oneil. oakland is seeing a rise in violent crime compared to a year ago. in the past week, there were 66 instances of gunfire. 75% more than this time last year. assaults with firearms are up

67%. officers recovered 940 firearms related to crime this year. that's up 43%. and two people were killed in the violence. still ahead on kpix 5 and cbsn bay area. >> certainly there's no housing to house them. so it would be horrible. >> eviction protection set to expire in a couple of months. the fight to keep tenants from being kicked out during the pandemic. >> plus, life after covid. the mysterious symptoms that some survivors are still dealing with after recovery. >> coming up, the warriors are without two key players as training camp begins. >> steve, this is awkward. >> it is, isn't it? >> and the raiders comeback causes a big shakeup in the big apple. >> it didn't feel real to me. i didn't know what was going on. >> pleasant conditions around the bay area this evening. record high temperatures today and those gusty winds. we'll lose the wind but keep

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the clock is ticking on eviction protection. john ramos reports on the new plan to help renters during the pandemic. >> reporter: two-thirds of the people living in oakland are renters, and it is in cities like this they are predicting a tsunami of evictions when the moratoriums end and the people who owe money are told to pay up. james van founded the oakland tenants union to try to keep people in their homes. he can't imagine what will happen when the government stops protecting the millions of people who owe money to landlords. >> if everybody had to move, where would they go? what would happen? nobody can fill up all these vacancies if everybody got evicted. >> reporter: assembly member isn't in a rush to find out. his bill would extend the state's moratorium for 11 months until the beginning of

2022. >> if we were to end the eviction moratorium, all of these tenants would be potentially subject to evictions. all of this money would be due immediately and it could be catastrophic. >> reporter: the amount owed to property owners continues to increase without much prospect of a quick recovery for those out of work. the rental housing association says no one is to blame on either side, but the burden can't just fall on the landlords. >> what we need at the highest possible level, call it the federal level, is a program of rent relief that doesn't favor or penalize either the renters or the housing providers. >> reporter: oh to avert disaster, most agree the federal government will have to fund a program that pays landlords and banks some of what's coming to them but holds renters responsible for a

portion of what they owe. at the end of the day, nobody will get back all they're owed, and nobody will get off scot- free, especially the taxpayers. in oakland, kpix 5. the latest federal stimulus bill being debated in washington does include money for rent relief, but nowhere near the the amount of what's already owed. kpix 5 was the first to expose a bizarre outbreak of hack attacks on unemployment debit cards issued by bank of america. the fraudsters are draining the victim's accounts far away from where they live. tough questions tonight at 11:00 p.m. on kpix 5. recovery from covid-19 is still a mystery, especially to a group of survivors who say they're still sick months later. doctors are calling them long haulers. 48-year-old joel maldenado, he

says he feels like he has a bad hang over that never goes away. he's been in the er twice. >> fatigue. tired. short of breath. sweating. >> uc davis medical center has a long hauler recovery program where they are working to study and treat those still struggling. chopper 5 over the pacific appeared today big waves slamming the bay area coastline. a high surf warning is in effect until tomorrow. paul's been watching this. we talked about it all weekend long. friday we had surfers out there negotiating 20-footers. is that still going on? >> yeah. the largest waves will actually approach 25 feet. the more consistent waves they'll get to enjoy for the surfers, about 15-18 feet. we're talking about some high surf and the high surf warning goes into effect until 5:00 o'clock tomorrow. rip currents and sneaker waves

also a concern. walking on the beach, don't turn your back on the water. the winds were gusting even inland and in the higher terrain early this morning. it will be breezy in the hills tonight but not as windy as it was last night into this morning. not as breezy across the board on tuesday. still sunny and still very mild for this time of year. i don't think we'll threaten as many record-high temperatures but we'll make a run toward them. windy again on thursday. and cooler weather is in store by the time friday rolls around. that will stick around even into the weekend. the cooler conditions will bring us slightly above average temperatures. wind gusts last night were pretty strong. the highest numbers we had, mt. diablo, 66 miles an hour. lower in elevation and those wind gusts mostly in the 30-50- mile an hour range. that's enough to rearrange the garbage cans or blow around some of those inflatable lawn decorations so many people have out this time of year. the winds have calmed down. that will be the case as we head through most of the rest of tonight. the higher the terrain could be

a bit breezy. temperatures are starting to drop off. still 67 in oakland. still 67 downtown san francisco. 64 in san jose. we are seeing more 50s on the map. we'll drop down into the 40s by tomorrow morning except in the bay and along the coast where temperatures will stay around 50 to start the day on tuesday. another unseasonably warm day. offshore winds but much, much lighter. it's the direction that matters for warming up the coast. mid-60s along the coast. in the bay, a mixture of high 60s and low 70s. temperatures around the bay, mid to upper 60s and low 70s with mostly low 70s for the north bay and farther north, cloverdale will be a high of 75 degrees. temperatures back off a bit on wednesday. on shore winds return. slightly cooler temperatures. and the bigger cool down arrives by friday. that sticks around into the weekend. we'll talk about our limited

but not zero rain chances coming up for the weekend at 7:00 o'clock. dennis, some of the greats have birthdays in december. i'm talking about tiger woods. i'm talking about betty yu. i'm talking about ken batista and dennis odonnell. happy birthday, buddy. >> my mother always said december 7th will be a day that lives in infamy. she was right. i was born. thank you, ken. the rookie james wagsman both absent from the warriors first practice today. steve kerr couldn't really say why. he hoped the media would connect the dots. >> steve, this is awkward. >> it is, isn't it? i'm just trying to figure out which one of you has put all of the pieces together and figured out what's happening here and

if there's anybody on the screen who hasn't figured it out yet. >> it turns out green and wiseman were the two players that tested positive for covid- 19 last week but have not yet been cleared to play basketball. crazy to think curry is getting ready for his 12th season with the warriors. he's now 32 years old. curry and the team have had conversations about a contract extension and won't be curry's last deal unless he gets overruled at home. >> you feel like you can go longer, 45-50 maybe? >> you trying to make my wife real, real angry at me right now. i have a floating target on that. any time i say i want to play up to 40, she gives me a look. >> what do the kids say? >> they don't even know i play basketball. >> sign that guy up. nfl, the raiders kept their playoff hopes alive after the miracle in the meadowlands.

today, the winless jets fired defensive coordinator greg william who continued to call blitzes at the end of the game when all new york had to do was not give up that big play. instead, there was no help in the secondary leaving henry ruggs wide open for the game- winning touchdown. even the raiders were stunned. now the other monday game, alex mett and washington against the unbeaten steelers. smith to wide open logan thomas ties the game at 17. two minutes left, washington up three. big ben's pass, picked off by john bos tick. out scored 20-3 in the second half. they lose for the first time this year. washington has won three straight. i'd love to be a big-time hollywood producer and get the rights to the story. i would call the movie mr. smith goes to washington. >> very nice.

it's taken already, but we can work on a second for sure. all right, dennis, thanks very much. still ahead, a bay area city in big financial trouble. the call for leaders

uber is selling itself self- driving car unit, but it's not exactly bowing out of the business. san francisco startup aurora innovation is taking over uber employees and the technology. uber is investing $400 million into aurora and has a 26% stake. the city of oakland may be in big money trouble. oakland could face a $62 million shortfall by the end of this fiscal year in june due to the pandemic. the report calls on city leaders to do the obvious,

good evening. coming up, is new york about to shut down? just as 33 million californians are staying under orders, new

york is shutting down indoor dining. that news and more tonight on the cbs evening news. >> we'll se e

♪ ♪ captioning sponsored by cbs >> o'donnell: tonight with a vaccine on the horizon, the warning from top officials, the worst days are still ahead. so americans can't let their guards down. as the u.s. nears 15 million coronavirus cases, governors of new york and california warn hospitals could be overrun. alifornians nowfornians now under stay-at-home orders as new york's governor says indoor dining could shut down again. the desperate effort tonight to expand hospital capacity. >> nobody who has gone into medicine ever thought they would be providing care in a parking garage. >> o'donnell: plus great britain prepares to administer the first vaccine tomorrow. and did the u.s. government pass up the opportunity this summer up the opportunity this summer to buy more doses of the pfizer vaccine? worried about the winter holidays, why dr. anthony fauci says christmca