next at 5:00, who's first in line for a vaccine? a cdc panel has just made a decision. plus santa clara county is cracking down on retailers. new numbers on who violated city covid orders. >> also ahead, two players test positive for covid-19. the general manager is talking about the impact. and what may be the first lawsuit of its kind. why bay area families say the state is denying minority students their fundamental right to an education. and we'll begin this evening with the race for a vaccine. late today a cdc advisory committee wrapped up an emergency session to see who gets first crack. two vaccines are expected to be

ready by the end of the month but we now know there won't be enough to go around, so these tough decisions will answer who gets the vaccine first, who gets it next and who will have to wait for months. good evening. i'm dan ashley. >> i'm liz corey. thank you for joining us. the plan awaiting approval means that covid vaccines could be at your pharmacies in a matter of vehicles. abc7news reporter stephanie sierra is breaking it stephanie? >> reporter: the advisory committee deliberated for more than three and a half hours today before voting to recommend this distribution plan. now, if approved by the cdc, here's who gets the vaccine first. a detailed plan to distribute 40 million doses of covid vaccines, expected to vaccinate 15 to 20 million americans before the end of the year is underway.

the first roll out involving 6.4 million doses could be shimmed to retail pharmacies in a couple of weeks, that is if the fda approved it. who gets it first? >> health care workers are at the top of the list, including health care workers who work at nursing homes, where the most deaths have occurred from this virus. >> reporter: members of the committee acip is recommending to the cdc health care workers who vaccinated in phase a. this includes long term care facilities including skilled care and assisted living facilities. outpatient clinics, home health care, pharmacies and public health offices. acip committee chair jose romero clarified this group will have no preferential order. >> it's no preferential order of

vaccination. is that correct? >> that's correct. >> committee members sited at least 243,000 covid cases infected health care workers since the pandemic began. that's even worse for long term care facilities. cases infecting residents and staff as of late last week. this is why california's advisory committee is pushing for both groups to receive doses at the same time, but mike wasser man on the advisory committee fears there will be hesitati hesitation. >> the numbers are incredibly concerning. 20%, in some cases, of front line nursing home staff say that they will take the vaccine. ok. so that means anywhere from 60 to 80% are going to refuse or are not going to be comfortable. >> now, according to acip's recommendation, the second phase would include police,

firefighters, correction officers and transportation staff. the third phase would include adults ages 65 and up. reporting live, stephanie sierra, abc7news. >> good news we're in this spot having this conversation. thank you. we're committed to keeping you informed. we assembled the abc 7 vaccine team to day sta on top of it all. count on them for new information. >> as cases and hospitalizations surge, officials in santa clara county have tendst up enforcement efforts over business cliens. abc7news recorder chris >> reporter: throughout the holiday weekend the county issued more than 180 violations notices with fines totaling

115,000. many of the businesses were located inside area shopping malls, the most common violations failure to submit and display a social distancing protocol as well as failure to post the revised capacity limit. >> employees are in a safe working environment signals to the public that this is something that this is a safe space for them to enter, a safe business for them to pay droppize. it means we're all doing our part. >> the county braces for yet another holiday-related surge. officials reported 3848 new covid-19 cases bring the total number to more than 35,000 county wide. >> the county is indicating the seriousness of the situation. >> reporter: pup health policy experts home that some of the county's measures will help slow down the spread. >> without putting into place even stricter measures to limit people's activities, so i think this effort and enforcement is an example of the county trying

to strike that balance. >> reporter: this week the county implemented a maunt mandatory directive for people traveling farther than 150 miles away. >> we want them to see the consequences of not following the rules as well as did advantages of following the rules. >> reporter: with advantage seep distribution now in sight, a reminder that better days are ahead. >> we have to be hyper village leapt for the next few months. no one wants to be the last soldier killed in the war before the peace treaty is signed. >> chris wine, abc7news. >> trying to mitigate the floegs of coronavirus cases. the new health protocols could come as early as tomorrow. they could include limits on retail capacity, a more stringent travel quarantine and new limits on gathering. possible restrictions comes as wear hearing about london breed's visit to the french

laundry. he joined seven other people at the restaurant for a birthday party last month, and that the restaurant. this after governor new zom for doing the same thing at the same restaurant the night before. >> two positive covid-19 tests are delaying workouts. >> i don't think it's unexpected. with all the guys come back in, kind of proves that the protocols and testing are working. that was the whole point, to catch these before we begin. >> that's general manager bob meyers. he couldn't release the names of players because of the league's collective bargaining agreement. they were supposed to begin individual workouts today. they will now begin tomorrow. players must test negative three times in order to participate. the warriors begin december 22nd or perhaps the 23rd. >> we're starting to see the

pandemic's effect on our education system. a new study find many third through eighth graders are falling behind in math. the nonprofit nwuea say they scored lower on tests this year. the numbers may underestimate the learning gap for minority students and those from low-income families, because many of them were missing from school when the testing was done. a quality that families here and across the state now suing california. as leslie brinkley explains, those families say students are not getting the education they deserve during this pandemic. >> reporter: this oakland mom wants to remain anonymous, but her third grade convince, kai and kayla are among 15 plaintiffs in a lawsuit filed against the state of california. she said they only had class two times last semester.

>> you just left them for dead. >> i don't know. i'd very frustrating. i feel very unsupported. i feel lost in a way. >> this lawsuit is the first in the country to hold the state accountable for failing to provide distance learning on equal terms to black and lat ip ex students, particularly low income students. parents are feeling really excluded at a time when they're being kd to do more than they've ever had to do before. >> the pandemic effects on them this year are becoming painfully apparent. >> you're learning how to add and subtract and you're supposed to be moving on to multiplication now but they're not able to do that because they missed so much spring back in spring. >> they're still into it, my girl twin is. my boy twin has become more aggressive, more frustrated. >> an advocacy group is behind it. >> this is about holding the

state of california accountable for doing a horrible job, and making sure that all students receive the type education they need, whether they're in person or in remote learning. >> reporter: the lawsuit seeks to get california to use remote learning models that they claim are working. if premise, if the state has a constitutional responsibility to provide a basic education to every student. in the east bay, i'm leslie brinkley, abc7news. >> students in oakland could be back in class beginning january 25th. that's the target date, at least, released today in the district's final iced covid-19 reopening plan. the superintendent says they'll return to class in phases. they're negotiating the effect and the impact with the teachers union. schools cannot open while almeida county is in its current purple tier. students have more time to apply to a state cool. it is extending the 20-21

priority application deadline to december 15th due to the pandem pandemic. so you have a little more time. pushed back about 10 days. the university system says it plans to continue with distance learning through at least the spring semester. still to come, the fight to find a home after the tubs fire took it all away. >> new mandate for tech and other companies. plus the hidden gunmen for kids

. after everything we've endured in the last three years, the tubs fire feels like ancient history in some ways. houses have been rebuilt. neighborhoods have come back to life, but not all of them. wayne friedman went back to a

well chronicled disaster zone today. >> reporter: three years after the tubs fire, it isn't a shadow of what it used to be. more like a cleared-over blank slate. >> this was wall to wall mobile homes. more than 160 of them all destroyed in a low income housing nightmare that the burbank housing nonprofit hopes to resolve by building affordable apartment here. he thought they'd be well under way by now. why is this gate still here? the answer is money. roughly $50 million in federal funds sent to the state that have yet to make it to the ground another journey's end. >> three years was a long time. >> dave runs housing for santa rosa. both he and floeren describe difficulties in getting the money from fema. what got in the way? >> process, really. >> what was unique to santa rosa, it was a wildfire that came into town.

>> reporter: no category existed for that kind of disaster. as for the human cost -- >> i know. i can barely turn around here. >> reporter: linda three years later waiting for the low income housing while living in a subsidized apartment so small that she barely has enough room to move her stuff around. she may never get out of here. >> federal government shows how ineffective they are and how unorganized they are and how they don't know what they're doing and i sometimes wonder if the federal government actually talks to the state government. >> reporter: there is good news. santa rosa is likely to approve the project by next week. as for the disaster funds to help build it -- still waiting. wayne freeman, abc7news. >> december 1st is world aids today. some had a small quiet flag raising event in an effort to

avoid a crowd from gathering. it took place outside the city hall in years passed but today it was in the county >> nasdaq wants to take unprecedented action to make board rooms nor inclusive. i'd filed a proposal seeking to make it mandatory for companies on its exchange to disclose the breakdowns of their boards by race, gender, and sexual orientation. companies that do not comply could be delisted or kicked off. the proposal would also require most nasdaq listed companies-to-two diverse directors or if they cannot meet the mandate, to explain why not. >> all right, taking a look outside from our camera. look how beautiful it is tomorrow. sunny days and chilly nights, a pattern weou

abc7news was in oakland's newest park today. it's at the brooklyn base housing project at 88th and 9th. a lot of people enjoyed the day, including a guy riding a custom bicycle he dubbed the rolling aquarium. look at that. incredible. a pretty day again today. >> absolutely. it was a gorgeous day, liz. it's going to continue the next seven days. unfortunately, we don't have any rain in sight. let me show you a live look. san francisco is just glowing tonight as we look at city hall and sales force tower, absolutely beautiful view right now. you need the jacket if you're stepping out. 59 in san jose. by the way, our warmest location like fairfield got up to the low 70s today. golden gate bridge camera showing you a nice shoe right

now. currently live moore 58 degrees. here's a post sunset view. emoryville camera showing wispy clouds. chilly conditions inland. dry mild pattern into next week. temperatures near or above average for december. as you look at this view from our santa cruz camera, things look so serene but things are changing. the largest and the next two days there is a beach hazard statement until 4:00 p.m. thursday. the wave heights will be 14 to 18 feel. we'll have a high to extreme risk of sneaker waves and rip currents, so watch out if you're out there. we don't have any rain to speak of. the coast is clear. tomorrow morning may see a few watches of fog. as united states look at the high temperatures for the south bay, 64 in san jose, a lovely day in san jose. a few high clouds and sunshine.

67 in gilroy. low to mid 60s except near the coast. 59 in pacifica. 62 loss altos, around the san francisco area, 61 in downtown, 58 in dahli city. san rafael, vallejo in the east bay, a nice day but we're behind in terms of rainfall. 63 fremont. inland valley, 65 and liver moore. first system coming our way tomorrow night into thursday. it's really going to throw more crowds our way. second system on saturday bumps do a rimming of high pressure and doesn't make it. unfortunately, the next seven days are dry. everything's going over the top of us as this ridge of high pressure dominates. the accuweather seven day forecast, partly cloudy skies on thursday, a little cooler. brighter and warmer for friday as we head into the weekend. subtle changes expected.

dry pattern continues. above average temperatures. keep in mind winter hasn't starpted even though meteorological winters has started, meteorological winter is few weeks away still. >> thank you. >> still ahead, why a place ha has provided more than 50

. coming up on abc7news at 6:00 could we be looking at a return to march as coronavirus cases rise again, new restrictions could start this week. plus pay versus perks, the pandemic is changing how we work, of course, and what we work for. tonight, a hook at what gig workers value the most. plus abc7news anchor cheryl jennings returns to show us the children with cancer. all coming up in half an hour at 6:00. >> we want to ask you to join us to give back this holiday

season. disney is partnering with three organizations to help families in need, one simple wish grants wishes for kids in foster care. >> abc 7 and disney is proud to donate $15,000 to provide fresh produce to the san francisco marin food bank this year. >> the magic formula, for every dollar that you give to the food bank, we'll provide food for two meals. so, you know, $10. 20 meals. $20 is 40 meals. it reflects that leverage that we talked about with the produce, we pay pennies on the dollar. that combination kneeled that one dollar equal two meals. >> it's remarkable what they do. if you visit shop disney.com/toys for to the to purchase a new toy to donate, disney will donate a dollar for each toy.

>> we have more information for automatic of the organizations that we support at abc7news.com/takeaction. we also want to highlight one more that is special to dan and abc 7. >> that's right, liz. you've heard me talk about it each year when i host my numb charity golf tournament. smiling faces in one of the most beautiful places on the planet. these young people are enjoying the time of their lives s south conk concord. >> we've focused on what we call underserved kids, kids who have not had great opportunities in their life. we get them to camp and offer things like anti-bullying programs. we teach them about life skills. it's a safe environment where everybody's on the same footing. >> for the past 25 years i've

hosted a golf tournament to make sure as many people as possible get a chance to spend a week outdoors. everything summer catch has to offer. so far we've sent more than 10,000 kids to camp. >> every kid ought to have a chance to go to summer camp at least once in their lives. >> we helped build confidence and build hope and give these kids a chance to see what great mentors we have that there's ways to have great lifes and improve their life and hopefully this touches them in a way that they'll always have time for nature. >> no one at camp, not even the counsellors, knows who's on scholarship. they're all just kids. >> thank you for your efforts. on half of all the kids, thank you so much. >> thank you, my dear friend. great to see you. >> you, too. >> go to abc7news.com/take action. world news with david muir is

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is tonight, breaking news as we come on the air involving the vaccines. a cdc panel voting late today on who will get a vaccine first and how soon, as the head of the fda is summoned to the white house today and is asked why the pfizer vaccine hasn't been approved yet for emergency use. his answer, as hospitals now buy freezers to store the vaccine at minus 94 degrees. and there is new guidance from the cdc coming in tonight if you've been exposed to the virus. this evening, the increasing numbers across the country. nearly 100,000 americans now in the hospital fighting covid. in new york city tonight, officials urging older adults and people at high risk to limit time outside their homes. two-thirds of the city's icu beds are now full. the plea for retired nurses and doctors to be ready. and the retired doctor coming