it's 4:30 this morning. good morning. we do start with breaking news. deputies are on the scene of a double shooting in the east bay. it happened early this morning at a home near the intersection of via lucas. police blocked off the area with yellow tape for the investigation. we're still working to gatt. er more information on this. today in the bay's cc case kain is on the story. it is christmas day. it's another spare the air warning. the air quality management cricket says you cannot burn wood.

also manufactured logs are out. any solid fuel indoors or out is against the rules today. if you do, you will be fined $100 for the first offense. every other time it's a fine of $500. still struggling with the air quality. for a look at your christmas day forecast, we want to check in with anthony slaughter. >> we don't want to do any burning today. the thing that we're noticing today and this is some good n s news. we have a strong wind very different from the past couple days. this is going to help us a little bit and you can see the flag really billowing in the wind this morning. r very different from the past couple days. otherwise, we're clear to start across the board. temperatures very cool back into the 30s and 40s. later on this afternoon temperatures very warm. we're talking about record setting heat once again. 70 in the south bay. 72 in the east bay. 71 in the north bay.

san francisco expecting to get close to new records. that's record territory. we'll be tracking the temperatures all morning long. we'll see you in a bit. breaking news this morning. a train traveling through san jose hit and killed someone. now investigators are trying to figure out why that person was on the tracks in the first place. it happened on the highway 87 tracks. drivers could see the train stopped just south of the light rail station. the train was heading northbound back to the vta yard and didn't have any passengers on board at the time. it's unclear whether service will be disrupted this morning. they put a bus bridge in place in both directions so you might find disruptions there. the family of a teen declared brain dead is hoping for a christmas miracle. a judge ordered the hospital to

continue life support temporarily. she's been on a ventilator for two weeks. the judge ruled after hearing testimony from the sanford doctor who conducted an independent examination on monday. fisher told the court she has no brain stem and meets all the criteria of brain death. the judge can only order the hospital to continue life support until december 30th. the stay, whether they want to file a legal appeal or move her to another facility. health officials issuing a warning this morning after a san francisco food handler tested positive for hepatitis a. they work at the saloon in the north bate. neighborhood. health officials say anyone who ate or drank there may have been exposed to the infectious disease. no cases of hepatitis a have been linked to the food handler

who is kurnly restricted from work. fans trying to get. a souvenir after the final regular season game at candlestick could cost the city thousands of dollars. 10 seats and 25 signs were damaged as people tried to take a little piece of the stick home with them. those items may need to be replaced or fixed if the 49ers end up hosting a post season game. some fans offered their own solutions. >> bring lawn chairs to sit on. >> that would be less expensive. we'll find out on sunday if the 49ers will be the nfc west champs or will settle for the wild card spot. for them to win the west, they must beat the cardinals on sunday. the seahawks must lose to the rams. pope francis just marked his first christmas as pope delivering the message to thousands of people who packed into st. peter's square. the pope prayed for an end to

the conflict in syria and peace in the central african republic. he also wished for a favorable outcome from peace talks between the israelis and palestinians. was a traditional message from an untraditional pope. he broke tradition during mass and placed a statue of baby jesus in the manger himself instead of having an aid do it. his message was clean up your act on corruption. he's already served notice in the new year that this is the time for change bringing in outside analysts to recommend ways to improve the running of catholic church. . u.s. troops stationed in afghanistan took time to celebrate the holidays together. soldiers in kabul celebrated christmas eve by lighting candles, praying and singing hymns inside a chapel. while it's hard to be away from their families, they are proud

to continue their mission. >> also i miss my family very much. i'm truly honor ed that i'm her while my family is celebrating freedom at home. >> this is the 13th crihristmas for american troops in afghanistan. hundreds of volunteers are rolling up their sleeves to prepare and deliver holiday meals for those who can't leave their homes. volunteers will start chopping up food for the annual christmas meal delivery program. more than 3,000 meals will be delivered to seniors and homebound people living around san francisco. the christmas feast includes ham, cookies, hot chocolate. if you're looking for a good way to get into the holiday spirit yourself, check this out. we toured the bay area for holiday displays ha really outshine the rest. >> reporter: no fog if in livermore, just a long line to see the holiday lyings. >> you do a great job.

>> reporter: his team of volunteers strung more than 370,000 lights at his home on hill crest avenue. this show is months in the making. >> we start dropping cords in september. we start putting the lights up in october. >> reporter: it it lights up all of december. >> it's pretty magical. you got to see the elves and santa claus. >> reporter: that's the reaction that keeps him looking forward to next year. >> i would like them to leave with the magic of the lights that bring peace upon people. that's the fun of it. >> i like the singing deer. it's just funny. >> reporter: there's more fun to be had in danville. this winter wonderland keeps expanding. this year decorations reached new heights. >> he was able to get a lift to the tops of the tall trees. >> reporter: kids of all ages are mez mer rised. >> i see santa hanging up there.

>> it makes you feel happy and joyful. >> i think it's really cool. >> reporter: but it's not easy living next door. >> how do you compete with that? >> reporter: they figured out how to share in the spirit of this one of a kind creation. it's a simple display. people from near and far are enjoying. >> it's just brought everybody together. it's a lot of fun. >> very cool. can only imagine that electric bill. as we check in now with anthony, what do you think with all lights up there? >> it's so beautiful. it's like worth the cost. i would definitely take that as a sacrifice. as we look outside this morning, we have some in the east bay. lots of clear visibility. this is good signs as we move through the day. want to show you another perspective. this is the flag blowing. you can see it there on top of the tower. that's some good news because we

have been sparing the air for the past couple days. any mixture of air helps to clear out thes atmosphere. the winds will be with us through day. but the temperatures are going to be so much warmer than they have been. 71 in san jose after topping out at 70 yesterday. just 2 degrees shy of a new record. look at this. san francisco, mid-60s for this time of year. this is record-setting territory. even across the north bay, mill valley, 72. napa broke a record. even the east bay expecting to be very warm. livermore, 73. this is record-setting territory. the good news, we're talking about some strong winds today. that will help clear out the atmosphere a little bit. >> i am looking forward to that. it was so hazy yesterday.

thank you so much. target is disputing claims saying that the security breach involved personal identification numbe numbers. executives say one major u.s. bank is afraid that thieves will be able to crack the encryption code and withdraw money from bank accounts. there is no evidence that pin data has been compromised, but they do admit that data was stolen and won't say if that included pins. the justice department are investigating the breach. upa apologizing to thousands of customers who will not get their gifts in time for christmas. an unpredictably large number of shipments overwhelmed the system making deliveries late. ups will not be working on christmas day. deliveries will start again tomorrow. while ups will not be delivering, the postal service will. letter carriers will be on the job this morning preparing to

make christmas day deliveries of priority mail express packages and letters. 4:40 on this christmas morning. we'll tell you if they met the goal. this christmas season. and celebrating around the world, thousands expected to turn out for a christmas mass underway in bethlehem this morning. some call them ugly, but the creator of these holiday sweaters say they are it's afully tacky.

thousands of christians are celebrating christmas today in the west bank today of bethlehem. christmas mass is expected to be packed there today. the church's nativity has the

highest turn out in years. leaders lifted spirits as they expressed hope for the coming year. more than 4 million people in the philippines displayed by the typhoon spent a rainy day. they made best of it it celebrating the holidays at christmas mass in church and using discarded goods as presents. nearly 1800 people are still missing today. a warning for people who plan on spending christmas day at the beach. keep your eyes on the surf. the national weather service says from wednesday through friday afternoon, there could be strong rip tides and waves along the coast all the way to monterey county. beach goers are advised to keep off the rocks. checking in with anthony this morning who is watching the weather forecast. unseasonably warm. >> we saw a few records

yesterday. even today we're expecting the same thing. in fact, today the winds are a little strong. that's going to be enough to at least push us into the record setting territory. you can see in san francisco the wind blowing atop the tower. we have some gusts up to 20 to 30 miles per hour. but it's very isolated just looking at some of the charts. it's mostly across the east bay and san francisco. as we look at the peninsula, you can see if you have to get outside to do anything this morning, maybe headed to grandma's house or still have to get some last-minute christmas shopping done, you have wide open roads to do so. overall we're looking at temperatures that are going to warm. we're talking record-setting territory. in the north bay expecting 71 degrees for an average. even in the south bay, 70 degrees. we do still have to spare the air for today. the air quality will remain

unhealthy not only for today, but all week long for every single region across the bay area. that's continuing all the way through friday. but as we head through the weekend, winds will turn more onshore. that will give us some clearing. it will still remain in the moderate to unhealthy category even by this weekend. but really going down a notch, that's good news even if it's just a tiny bit. >> thank you. home r for christmas, more than a week after a rare wildfire forced about 100 people from their homes. they have been allowed to return home. the forest service says the fire destroyed 34 homes, 12 more than originally thought. it burned 1.4 square miles in the forest. 200 firefighters were spending christmas there making sure that the fire does not flare back up. and to follow up this morning, a success in every way.

the numbers are in in san francisco's last chance toy drive collected more than 10,000 toys in less than 24 hours. the toy drive started yesterday at 5:00 a.m. and didn't stop until a couple hours ago. the popular bar holds the toy drive to collect presents for children. more than 5,000 toys have already been distributed for this christmas morning. it's a loud trend, but it's all part of the fun for one woman who designs and sells ugly christmas sweaters. connie tran has the story. >> reporter: jessica says she prefers you not call this ugly. >> i make them tastefully tacky. >> reporter: some would call it unique, creative. but really jessica says it's all about fun. >> you need candy canes. they are essential.

my signature little birdies. and then you always need your bows. jingle bells. >> reporter: just like santa, jessica labors out of her workshop. >> by day it's my workshop, by night it's my son's room. >> reporter: she's whipped up sweaters making even scrooge smile. >> it's just a neat thing to see something that you took and you made it and someone else is showing it off. >> reporter: two years ago she decided to make a business venture out of her hobby. she sells them on facebook and the craft website etsy. >> this would run about $20. the one i want you to put on is $55. >> reporter: okay so i had to. i have to admit the ugly made me feel pretty. >> look how cute. r: once the holiday season ends, all of this goes

away. >> i will be sad because i'll come in here in the morning with my coffee and my christmas music and it just puts you in a happy mood. >> reporter: until next year of course. >> just wear them around christmas. 4:50 now. for some families a trip to the movies is much a tradition as a sweat perp we'll show you what's new in theaters. >> specialist anthony locket out of germany. i want to say happy holidays to my family, my mother, my father and my daughter in oakland, california. merry christmas and i love you.

4:53 right now. as we give you a live look over the city by the bay on christmas morning. looking really nice as some folks are up early. we're glad. you're with us. the raiders may be out of the playoffs, but they are still making headlines. they are watching the war of words between dennis allen and terrelle pryor's agent. he would start against denver. hours later pryor's agent respo responded saying they are putting his client in with the hopes they would fail. allen fired back. >> i would say that's the stupidest thing i have ever

hea heard. no coach in their right mind -- this isn't the real housewives of beverly hills. this isn't made for tv drama. this is football. and we make our football decisions based solely on that. >> the raiders are 4-11 for the season. 3 of those wins came with pryor as the starting quarterback. matt mcgloin led the raiders with just one win during his six starts. it it may be christmas but the warriors are not getting the night off. they are gearing up for a game against the clippers. it tipoff is at 7:30 tonight. you can see it on our affiliate csn bay area. when the presents are unwrapped, people will be heading out to catch a movie. here's raphael seth with a preview of the films that are making their box office debut. >> ben stiller is in "the secret

life of walter mitty." that's where his imagination takes over creating elaborate fantasies where he's the hero. when his job is threatened, he takes a risk in real life that tops anything he ever imagined. it's rated pg. leo delaware cap rio stars in "the wolf of wall street." he starts his own firm to make money. the threat of authority is not as strong as the pull of power. it's rated r. merle streep antagonizes the whole family. she's the venomous mate ree yark of the family. when her husband dies, it brings a flock of people to her home.

it's rated r. is it safe to say you have fallen and can't get up? >> boxers look to settle the score in grudge match. they fought twice many their hay day with each winning once. on the eve of their third bouts, he retires. they are get. ing back in the ring to see who survives on top. grudge match is rated pg 13. raphael seth, nbc news. oakland's police chief gets his hands dirty on christmas eve. while he's being hailed a hero. customers at a bay area automall were told their cars were gone. what we are now learning about that situation. and taking you outside over san jose as you can see some lights twinkling there. merry christmas to you. we'll be right back.

we're following breaking news this morning. deputies on the scene after a double shooting. we will have the latest coming up in a live report. new video just in. we'll show you what the royals are doing after we check in with anthony. >> we are talking about the morning forecast. we are starting off clear right now. it is breezy. temperatures will be back into the 70s across the board. and a few 60s. taking a live look outside right now. it's wednesday, december 25th, christmas morning. this is today in the bay.

good morning to you. thank you for joining us. we have an update to break news in the east bay. sheriffs deputies are still on the scene of a neighborhood. they arrived early this morning near the intersection of via lucas. chase kain is live at the scene. what are you learning from deputy this is morning? >> reporter: still very little. we have not gotten anything confirmed. they are being tight lipped about what happened here. there are reports that two people were shot inside a a house. folks here at the scene say no one was taken to the hospital so either they weren't very serious or maybe they were fatal. maybe there were two people killed here. we are still waiting to talk to sheriffs dep. ties to find out exactly what happened here. there are several deputies here as well as detectives on scene. they have been in and out of a house here