Is limited to 25 capacity just in time for the holidays. Owner Jennifer Smith is strictly adhering to all health guidelines, but she does have one question. Yeah, i havent heard anything about, you know, any particular retail establishments here being, you know, traced back to an outbreak. Knowing that people are getting sick because theyre gathering at home, theyre gathering with their families, going to house parties, so why are businesses closing . Because theres no way to control whats going on in homes and whats going on in private gatherings. Reporter the pandemic fatigue in our community is completely understandable. Weve been at it for months. Reporter the supervisor is also frustrated. He says the states approach to virus control may be unfairly punishing businesses and creating skeptics. The data being utilized contributing to these decisions, they take into account the local conditions to make sure communities can stand behind those decisions being made. Reporter the decision to move to purple is having an immediate effect on the economy. Yeah, its sadly quiet. Reporter as always, there is no way to know how long purple is going to last. The uncertainty is the hardest part, and getting shut down again if we shut all the way down, it would be devastating to so many people. I dont know how businesses would stay open. Wilson, i see it rained in napa a little bit today. No indoor dining. Are restaurants ready for the weather . I see a big white tent behind you. Some steam to be ready. You know, i was just thinking, i was here, this establishment was the first to start serving when it was possible after the full shutdown back at the very beginning of all this. So yeah, they are equipped. A lot of people are not, however. A couple wine bars and smaller, you know, restaurant places that i went by today said they were having trouble getting tents, obviously, demand across the region or just about anywhere is tremendous. So not everyone prepared for it. So yeah, the rain on top of the purple really just put the shutdown on a lot of businesses. Its an investment to put up those tents and make it work. Reporter not cheap on that scale. No, not everybody can do that. Wilson, thank you. New at 5 00, we are learning the two Top State Health executives were among the guests seated near governor gavin newsom at a Birthday Party earlier this month. The two were among the 12 guests who joined the dinner at the french laundry, the elite napa fine dining restaurant. Governor newsom has been facing backlash for attending that Birthday Party despite telling the public not to gather with more than three households at a time. Newsom has apologized for attending, said he made a bad mistake. Chase center, home of the warriors in San Francisco, seemed like a very ambitious plan allow fans in the stands for the beginning of the Upcoming Season scheduled to start december 22nd. The warriors hoped to do it by testing every person who entered the arena before each game. New at 5 00, kpix 5s andria borba live in the city to tell us why city leaders stopped the teams fast break attempt to return to near normal basketball, andria . Reporter well, allen, at this point it doesnt look like this plaza is going to be full with fans at any time, even with that season starting right before christmas this year. In fact, the warriors have not played a full season here at chase center. It got shut down in midmarch when the pandemic kicked off. They had revealed some plans to bring up to 9,000 fans inside during this upcoming basketball season. Heres how warriors president rick described the plan for testing just last week. Everyone from our employees to all the parttime workers to every fan will be tested for the coronavirus and the tests will be within 48 hours of the event itself. Reporter the Health Department rejected that idea, saying this in a letter, in the present circumstances, bringing thousands of individuals and households together, many of whom would travel and return from other counties, creates too much risk of widespread transmission in transit and while visiting San Francisco. In response, the warriors said we believe the thorough, detailed and adaptive reopening plans weve been developing over to last eight months will help us accomplish our goal of welcoming in our fans and staff back to chase center when the time is right. Of course, weve seen in some other states in some other leagues fans return to the stands. That does not seem to be in the cards at the moment for the warriors here at the sparkly new chase center where, of course, they still have not played a full season. Allen, elizabeth . All right, andria, thank you. Well, police have arrested a suspect in a bay area robbery spree. They say the man claimed he was robbing stores because of his sick child. Detectives believe the suspect robbed at least 20 Convenience Stores at gunpoint since october. Five of them happening in these locations around fremont. Police say 40yearold Union City ResidentNelson Ramirez was responsible for robberies from newark to los altos. Multiple Law Enforcement agencies teamed up, reviewing surveillance footage. They managed to detain him on an outstanding traffic warrant. Detectives searched the suspects car in union city where they found clothing used in the robberies and a replica handgun. After his arrest, police say ramirez admitted he didnt have a sick child or any kids at all. Ramirez was booked into jail on multiple counts of armed robbery. Justice served for the man known as the norcal rainest. Roy waller was convicted for his 15year crime spree. That included rape and kidnapping cases in the bay area. Marissa perlman spoke to victims. Reporter looking down at the defendants table, listening to 46 horrific charges, all coming back with a guilty verdict. Today some of wallers victims say justice was served. 29 years of waiting and waiting. Amazing. Amazing. Great day. Great day. Nicole was attacked inside her home and is wallers first known victim. She detailed a night of terror by a man in a ski mask. It was just good to stare at him, because before i couldnt. Reporter teresa lane was blindfolded and attacked in her vallejo home in 1992. She fought her rapist, stabbing him in the forehead. Prosecutors pointing to a scar on roy wallers head as evidence of her assault, something she noticed when she looked at waller when she took the stand. Theres some things that will never, you know, go away, but hes going away, so. Reporter prosecutors say every assault had the same mo women tied to a bed for hours with their eyes taped shut. The suspect stealing things like atm cards on the way out. Investigators used a genealogy website tracing dna from crime scenes to waller. The same technique that captured and convicted Golden State Killer joe deangelo. Were just thankful the dna was there and the victims received justice. Wallers Defense Attorneys had no comment after court. The jurors reached the verdict last night after just a few hours of testimony. Waller faces life in prison when hes sentenced next month. Democrats have selected nancy pelosi to be their choice for speaker of the house, and this could be it. While accepting the nomination, pelosi seemed to stand by an agreement she made two years ago to only serve four more years as speaker. When that conversation took place, there was a move to put limits on the leadership and the chairs of the committees. It never came they never brought it they said they were going to do it, they didnt doubt. But i said then what i said then is whether it passes or not, i will abide by those limits that are there. Despite grumblings from some democrats after election losses, pelosi ran unopposed. She will still need 218 votes on the house floor to secure her spot as speaker. That vote will take place in january. President elect joe biden praising Health Care Workers during a town hall today. Hes also expressing concern about the lack of cooperation from the Trump Administration as his team works to craft a Pandemic Response plan. Theres a whole lot of things that we just dont have available to us, which unless its made available soon, were going be behind by weeks and months being able to put together the whole initiative. Meanwhile, the Trump Administration has funded 3 million towards a partial recount in wisconsin. Biden won the state by more than 20,000 votes. The president tweeting about the recount in the state of georgia today, saying it was, quote, a joke. Live look outside from our exclusive Sales Force Tower camera toward the, hey, theres the Golden Gate Bridge somewhere in the fog. A cloudy, showery day around the bay area. Paul heggen here with a look, paul . A few straggling showers left over at the moment, including that one moving over San Francisco through the golden gate, and out over the bay. Fullfledged thunderstorm to the east of stock on the, to the north of modesto. Thats moving away from us. Still some shower activity lingering in the diablo range and santa cruz mountains. Nothing in the santa clara valley, dry once again. Theres that shower sliding through San Francisco and across the by a bridge as we speak. We see it on the radar and with our own eyes as we look out from Sales Force Tower. Total rainfall amounts from this latest storm system, a lot in the higher terrain. Almost 4. 5 inches on the top of mt. Tam. The highest amounts in Populated Areas are a half inch to an inch. Just under a half inch in the city. 0. 42 in the city. San jose less than a tenth of an inch. Looks like were going to get into a dry pattern starting tomorrow. Well look ahead to the weekend forecast in just a few minutes. Paul, thank you. Just ahead on kpix 5 and streaming on cbsn bay area. Bringing covid testing right into your own home. Kit change the way we practice. The rapid test kit just authorized. And how apples paying up for purposefully slowing the batteries of older iphones. And bay area planners now backing off a Grocery Outlet jingle do you have cheese . Of course. More cheese for less chedar do you have kale . Absolutly. More kale for less cabbage in our produce section. How about pizza . yep. More pizza for less dough in the freezer section. Now youre getting the hang of it. Grocrey outlet jingle ken bastida, big news this evening on covid testing. Imagine this, no lines, no tents, no appointments and no waiting days to get results. All you need is a device that fits in the palm of your hand, a prescription and about 30 minutes. Reporter as covid cases surge, a dramatic development. I think its great news. Reporter an ease bay startup is the first to gain fda authorization to provide a new way to test for covid infections. Ucsfs dr. George rutherford says its just what is needed. The holy grail here is something that acts like a pregnancy test which you can selfadminister at home. You can actually do the Laboratory Test at home, and you can interpret the results at home. I would love to take a test at home because i have two young kids, so it would just be so much easier. Reporter the covid19 allinone test kit can be performed entirely in the privacy of your own home. The molecular test amplifies genetic material from the virus. It is generally accepted as the most accurate test thats out there. Reporter heres how it works. Insert batteries, swab, stir and place your sample into the unit. 30 minutes later, a green light tells you if youre positive or negative. Its really an important advance in terms of our ability to get a handle on this virus. Reporter Infectious Disease specialist john schwartzburg says its speed is a big plus. I can test myself, and if it turns out that im positive, i can immediately notify people that i was around in the last 48 hours. Reporter the Company Behind the kit is Lucera Health of emeryville. The timing couldnt be better. Reporter Sutter Health of Northern California validated the device. More than 100 people tested it out, some in the bay area. The idea that were going to be able to have an additional test to help us in this battle, its going to be very helpful. The test will initially be available only to Sutter Health patients, and itll cost about 50 bucks. By april, though, they plan to expand its availability to anyone who wants it. They expect more companies with their own athome tests to come out soon, allen . Ken, thanks. More promising news on the vaccine front. Pfizer and its partner, beyond tech, announced further testing results show their vaccine is 95 effective. They plan to apply for emergency use authorization. Pfizer says the vaccine appears to protect older people and has virtually no side effects. If its approved, pfizer has chosen four state farce pilot Delivery Program texas, rhode island, tennessee and new mexico. Meantime, at least 37 states are imposing new restrictions because of surging cases. New york city doing an about face. The city is closing all of its Public Schools tomorrow after a covid spike. The move to all Remote Learning comes just after students were brought back into classrooms. And late word the coronavirus is hitting the raiders hard. Six players, including key starters, just landed on the covid19 reserve list. That makes ten raiders total. Thats disrupting practice for the team as they head into sundays game with afc west rival kansas city chiefs. Now, this comes as all nfl teams are going under intensive protocols. From now on, masks are mandatory in all facilities, including practice, and in weight rooms. Meetings must be virtual or inside with the leagues approval. Even time in the locker room and cafeteria must be limited. Covid has impacted at least 28 of the leagues 32 team this is season. Apple has agreed to pay 113 million over iphone slowdowns. In a controversy that became known as batterygate. This comes from allegations that the company reduced the phone system performance on purpose. Consumers complained that iphone 6s and 7s with older batteries would shut down unexpectedly. Santa clara, alameda counties will likely receive about 4 million from the settlement. Consumers wont see any money. Instead, the funds are going to be set aside for consume brother text issues. This settlement is sending a big message to the big tech world. It is saying to them, look, you need to be forthright and honest about what youre doing to our devices, even when youre just doing a software update. For its part, apples not commenting except to say the settlement was not an admission of any violation of law. In its settlement filing, the company says, quote, no part of this judgement, including its statements and commitments shall constitute evidence of any liability, fault or wrong doing by apple. In other apple news, the company is making a major shift in app store fees. Today apple announced it will slash the fees it charges App Developers from 30 to 15 . Thats if the developer made less than 1 million in the year prior after apples commission. Its unclear how many Small Developers will be impacted by the change. The new fees are set to take effect january 1st. Take a look out along the i80 Donner Summit corridor there. Lots of fresh powder on the ground. Bad for drivers, good for skiers. Chain control in effect from nyack to donner lake interchange. The storm continuing to drop snow in the sierra. Caltrans, of course, working very, very hard to clear the roadways. As of this afternoon, squaw and alpine ski resorts recorded 16 inches of snow in a 24hour period. And enthusiasts say keep it coming. I can see people just loading their skis into the rooftop racks as we speak. Its a socially distanced activity unless you fall down and need help. Which would be me. Carry a mask in your pocket. A winter storm warning until 6 00 this evening. Its not like the snow automatically stops. The heaviest snow has been falling in the highest elevations. Theyre going to pick up a few more inches before things wind down. Thats the rest of tonight and early tomorrow. There is that snow continuing to fall. And your eyes do not deceive you, youre seeing some lightning icons on the radar loop over the past few hours with thunderstorms in the foothills to the east of sacramento and even one that i showed you earlier to the east of stockton and to the north of modesto. And we have lingering showers around the bay area. Lets zoom in a little bit closer. A lot closer, actually, to see these showers, one of which making its way through parts of the city, including downtown, now crossing over the bay bridge and headed for oakland. Its very light. Nothing in the santa clara valley. Some showers in the diablo range and santa cruz mountains. Put everything in motion. This should be the last little shower we see, the one crossing over the bay bridge as we speak. Well look at futurecast as we head through tonight. Partial clearing, but that allows fog to form near ground level. Reduced visibilities to start the day tomorrow with a few sprinkles early tomorrow morning. Most evaporate on the way down. Not much of a rain chance, even for the north bay. Then increasing clouds by noon tomorrow. Especially farther up in the atmosphere. Some sunshine filtering through. Were going to see that veil of clouds before we see clearing by Late Afternoon into the early evening hours. A mix of clouds and clear sky for friday night. More sunshine reemerging as we burn off fog early thursday. Plenty of sunshine into the afternoon and evening. Over the bay bridge and crossing to the east side of the bay. Temperatures in the upper 50s and low 60s. Not much variation from spot to spot. And temperatures tonight are going to drop off much more than they did last night. 50s overnight last night into early this morning. Tonight we drop into the 40s. The very coolest spots around 40 degrees, not overly chilly this time of year. High temperatures tomorrow are going to be almost exactly where theyre supposed to be in midnovember. Low to mid60s inland. The warmest temperatures farther away from the water with upper 50s along the coast and not much change to our temperatures as we head through the weekend and into thanksgiving week. Everybodys temperatures fluctuating by maybe three or four degrees. Thats it. A consistent weather pattern. The only thing that changes is how much cloud cover we see overhead. A nice weekend, a nice, abbreviated workweek next week. Well take a very early look at the thanksgiving day forecast at 5 30. Coming up, boeings troubled 737 max cleared to fly. Whats changed and how soon flights could resume. And uc berkeley erasing part of its history. Lets take a live look at the bay bridge toll plaza. The Bay Area Agency behind a controversial telecommute mandate is now ditching it. Instead the metropolitan Transportation Commission is now promoting what it calls a sustainable commuting strategy. The agency came under fire in september for its telecommute mandate, requiring 60 of employees to work from home. The concern was for low wage workers and loss of Public Transit fare revenues. The new proposal would have no more than 40 of employees traveling to work by car by 2035. The new plan will be reviewed on friday. The faa just gave boeings 737 max planes the green light to fly again. The decision follows a 20month review process to address design flaws. That included the planes antistall system. Regulators grounded the max jets last year after two deadly crashes killed 346 people. Michael lost his daughter on ethiopian flight 302. There is not yet enough redundancy and modernization of the systems to guard against yet a third crash. The next step will be pilot retraining. United Airlines Says that it hopes to fly that plane as soon as december 29th. Im john ramos at uc berkeley where a couple of buildings were unnamed today as the school works to erase White Supremacy from its history. Well have that story coming up. And outrage over the hiring of a Police Officer involved in a deadly shooting. The heated meeting that ended in several arrests. And he missed all of last season, now another setback for warriors star like cordless phones. phone ringing big button, and volumeenhanced phones. Get details on this state program. Visit right now or call during business hours. And accessoriesphones for your mobile phone. Like this device to increase volume on your cell phone. phone ringing get details on this state Program Visit right now or call during business hours. Youre watching kpix 5 news at 5 30. Right now on kpix 5 and streaming on cbsn bay area, more local news at 5 30. A Council Meeting so heated nine people were arrested. The Controversial Police hire that sparked these protests. San joses bishop now under investigation. The questions about his handling of priest abuse allegations. And hours ago, uc berkeley removed signs from some buildings. The Cal Community says the men they were named for held beliefs that were inconsistent with the universitys values. Im elizabeth cook. And im allen martin. Kpix 5s john ramos has that story for us. Reporter at uc berkeley, barrows hall is barrows no more. It is one of two buildings denamed today because their namesakes pasts caught up with them. This morning workers were removing some of uc berkeleys sordid past, one letter at a time. Barrows hall was named for david