good morning. it's 4:30. i'm scott mcgrew. >> i'm peggy bunker. laura garcia-cannon has the morning off. breaking news in san jose this morning, where police are investigating the city's first homicide of the year. >> a man shot and killed early this morning on east san antonio street, that's just north of the highway 101 and interstate 680 interchange. >> bob redell is live at the scene this morning. what can you tell us? >> reporter: good morning to you. this is not far from where east san antonio crosses over 101. this was around 1:30 this morning, a person driving by here on the 1600 block called 911 to say that person saw a man lying near a driveway a few

houses down on that side of the street where you're looking past those police officers. this person had been shot at least once, was unresponsive, paramedics tried to revive him, unfortunately there was no luck. he was pronounced dead on the scene. again, as you mentioned becoming the first person of -- to be murdered in the city of san jose in this new year. police are waiting for the homicide detectives to arrive to see if he has i.d. and see if they can get a better idea of what led up to this killing. >> we are trying to talk to a few people. we did not receive prior calls of shots fired so at this point we don't have a whole lot. we don't know who the victim is. >> reporter: that is that no one around here called 911 to report the sound of gun shot which means he could have been shot elsewhere or people didn't hear the shots or if they did did not want to get involved. police are waking up people to see what they might know

including the people at the home of the driveway where he was found. they are not saying how helpful these residents may or may not be. reporting live, bob redell. "today in the bay." >> a quick start to crime. >> time to check in with meteorologist christina loren. get a look at the forecast. >> good morning to you, peggy, welcome back, scott. temperatures this morning in the 30s and the 40s. so it's chilly out there. it is a spare the air day. we told you yesterday it likely would be. as we head throughout the next couple days, major changes, better air quality. we'll tell you why coming up. let's check your drive and say good morning to anthony slaughter. >> happy new year. we're looking at clear conditions right now. not looking at major traffic accidents or even anything from the chp so this morning roads are wide open. not looking at hazards there. we look at the traffic maps, lots of green on the maps so that indicates things are moving smoothly at this hour. we'll have more as the show

continues. >> thank you. 4:32. a developing story out of israel, a hospital official says former prime minister ariel sharon's health is declining fast. he has been in the hospital for about eight years in a coma for most of those years, now his condition has drastically deteriorated, during the last two days. officials say some of his organs including his kidneys are malfunctioning. the 85-year-old has been in a coma since 2006 when a stroke incapacitated him at the height of his political power. elected prime minister in 2001, sharon was one of israel's most iconic and controversial figures. new detail this is morning, the chinese consulate in san francisco is condemning a small fire as arson, the fire was reported about 9:30 last night at the building in the lower pacific heights neighborhood. crews had the fire under control in 15 minutes. the consulate released a statement claiming a person emerged from a minivan and

poured two buckets of gasoline on the front door before setting it on fire. in the statement describing the fire as, quote, a violent crime, they urged the u.s. government to provide protection for all consulate personnel. >> a story only on nbc bay area, an interview with the lone survivor of a deadly house fire christmas day, the san francisco man is opening up from his hospital bed about the life he and someone else built together. jean elle has the story. >> the two of us helped each other forever and we built this beautiful store which celebrated its 28th year. >> patrick talks about building a life with his partner of 30 years, rand david sapp. he is recovering from severe burns to his hands after their home caught fire christmas night. >> i heard this thump upstairs and raced up and i tried to go

in but it was way too hot. and then he lurched out and i was able to take him down the stairs. >> the 59-year-old sapp did not survive. friends are shocked. >> have a lot of friends, one of my best. >> he watched them restore the victorian and build a magical business at the sword and rose w. no website the store and sapp were known around the world. >> he was fielding a call from france for christmas shopping. first time he had international -- randy was a master of incidents and oils, very much beloved in his community. >> a sign on the door thanks firefighters for their heroic efforts, explains sapp's passing over, and says with growing community support it will reopen. fer require says it will be a new beginning. >> the last thing he would want for me is to be curled up in a ball refusing to go on because

of my grief. >> ferry is choosing to be thankful for the 29 years they had together. jean elle. >> ferry says when the time is right there will be a ceremony for sapp at the shop. the cause of the fire, the investigation continues but ferry says an extension cord likely sparked the flames. >> family and friends continue to mourn for a mother hit and killed by a truck while carrying her baby. dozens showed up for a vigil for ashley capuchin as she was carrying her baby and walking with her sister when all three were hit by a pickup truck on new year's eve night. investigators say the impact caused the baby to fly out of her arms. >> her son was everything to her. he changed her completely. everything she ever posted on social media was about him. every picture is him. so it's very unfortunate that

she's not here to protect him. but i know she'll be watching over him. >> the baby is in critical condition. capuchin's sister has minor injuries. the sisters got into an argument with family members in a car and got out to walk, that's when they were hit. officials do not believe the driver had been drinking and he is cooperating with detectives. he told them he did not see the three walking in the road. >> new details about another little girl hit and killed by a car new year's eve. happened at the intersection of ellison polk streets in san francisco. the 7-year-old girl, her mother, brother, were walking in a crosswalk when they were hit by a honda suv. the girl died, her mother and brother were taken to the hospital. her mother has life threatening injuries, police don't think drugs or alcohol were involved. but the driver was arrested for vehicular manslaughter. the driver's name has not been released but there is speculation that he or she is an

uber driver. uber released a statement saying in part our policy is to deactivate any uber partner in a serious law enforcement matter. we urge the police to release information about the driver in question as soon as possible. if the driver is in fact a partner she will be immediately deactivated using our technology. uber says partner or not the vehicle involved was not doing a trip on the system at the time. >> police identified two people shot on new year's eve as a college student and a boy t boy, 13-year-old lee was reportedly walking home from the boys and girls club when he was shot neerk 104th avenue and walnut street on new year's eve night. he was taken to the hospital where he was pronounced dead. investigators say the 21-year-old ashley walker was shot while riding in a car in  oakland san antonio neighborhood. walker and three friends had

been hanging out when someone began shooting. no one has been arrested in either shooting. detectives have not released information about the suspects or possible motive. >> turning to the weather a growing trend. today is yet another spare the air day. the third 18 row, 25th of the winter season. live look at the south bay this morning where the air quality is expected to be the worst. >> boy. we can't seem to get out of this. a cycle we want to break. meteorologist christina loren has been watching this. are we breaking records with the spare the air days? >> yeah. when we hit the fifth consecutive spare the air day early on in the month we hit historic record. this month will go down in history. the good news is we have rain, possibly on the way as we get into next week and the chance is looking more promising. this morning temperatures are chilly to start the day. san jose at 39 degrees, but it's not even close to as cold as it

was this time yesterday morning. you can see here you can clearly see all of the city lights this morning so no fog to report. improving air quality is on the way. we're going to get a little more wind tomorrow and we need it at this point. this is what we expect a. spare the air day for today. into friday likely another spare the air day. by saturday and sunday after wind comes through the bay area we're looking toward pollution and it should be healthier to breathe in the air. we'll keep watching it. we'll talk more about the chance for rain and if you have a better changes in the north bay it looks good and one other part of the bay area. i'll be right back the rain forecast. anthony slaughter is in for mike. how are we looking? >> not too much on the roads. things are quiet. not getting any reports from chp of accidents or anything in the roads so as you make your way out the door keep in mind that it is still that holiday week so you might not encounter a lot of traffic on the roads.

you can see looking at oakland now, southbound traffic is starting to pick up. it's still 4:40 in the morning so not much happening. the same thing, and really area we watch typically through the altamont pass is wide open. even in the south bay, no problems as you head out. back to you. >> holiday light they call that. hardly anyone out there. still ahead dozens on a ship stuck in the ice near antarctica they are finally plucked to safety one by one. >> plus, a fire rips through a building in minneapolis sending more than a dos people to the hospital. and firefighters fear there could be people still inside.

a new report finds san francisco's film incentive program is bringing in the big bucks. it offers a refund for qualifying productions on money paid to the city for various fees and permits. according to the report the rebate program is bringing in nearly $18 million from tv and film producers for every dollar spent $18 rather spent in the city. this also finds since the program was established in 2006

productions spent $44 million in san francisco. i knew there was a million in there somewhere. >> millions of americans waking up with new health insurance but officials in charge of the health care rollout are dealing with new problems. there are people who have not been able to complete the process yet because of the initial problems with the website. now, out of those who did some don't have i.d. cards, others not showing up in the system. opinions about the affordable health care act still mixed. >> this means a lot to people like us being self employed. >> 6 million who had plans they like being thrown off of it. i don't think there is anything to celebrate. >> another hitch, just hours before the new year's deed line the supreme court said religious groups do not have to cover birth control. rules say that churches are exempt but companies affiliated with churches, say colleges and hospitals and charities, aren't either. >> a warning to millions of snap chat users.

you could be the latest victim after security hack. for more on that and the rest of the news before the bell we'll turn to bertha coombs. >> happy new year to you, scott. we've got markets in europe trading a little lower on the first trading day of the year. futures pointing to a lower start. the markets closed the dow rising 26% in 2013, its best annual gain since 1995. the s&p 500 was up 29%, that's the best gain for the broader market since 1997. and the nasdaq which doesn't get as much respect because it didn't put in any record for the year still jumped 38%. the best since 2009 for the tech heavy index. this morning we get data on unemployment, manufacturing and construction spending. the dow will start the year at 16,577 after gaining 77 points

tuesday t nasdaq at 13 1/2 year high, 4177 after adding 23 points. one of the things everybody likes about snap chat the photos disappear. not necessarily. hackers posted user names and partial phone numbers of users, they got in there. reports say a website called snap chat db got the da to through a security flaw in the popular app and posted it to force up privacy vendors. it was better to give than receive. a report shows the top donors gave more than $3.4 billion to charity and more gifts of at least $100 million than there were in 2012. nearly -- clearly a sign of the improving economy and the improving stock market with the top donation $1 billion in stack given by mark zuckerberg and his

wife to the silicon valley foundation. the great thing about giving highly appreciated stock is you don't have to pay capital gains, the charity gets the money and you still get deduction so it's a win-win. >> bertha coombs, if the i get my hands on any i'll do that. 4:48. >> share the well. checking in with your weather forecast for the day. how are we looking? >> pretty good and temperatures today unseasonably warm again if you want to get outdoors. it's a spare the air day. looking toward better quality toward this weekend. we'll jump out of the 30s and 40s into the upper 60s even a couple low 70s in the east bay. i want to show you san francisco to kick off the day, very much a clear start here. you can make out the embark and all of the twinkling lights. temperatures are going to tumble. a major pattern change headed our way and finally looking

toward some rainfall. we need it. this is what you can expect. mild with hazy sunshine, a building breeze. tomorrow that means cleaner air quality for the entire bay area. winds are going to pick up tomorrow afternoon. then as we get into next week' specially tuesday into wednesday, cooler, showers possible. now we're picking this up. let me show you what we are expecting. we need this train. we stop the clock for you. looking promising right now at the coastline, also in the north bay. we're not going to see a lot of activity. the south end of the bay area, whatever we can get at this point. we are expecting some major delays on the east coast as we head through the next couple days. big storm headed that way. right now back to you, scott and peggy. >> in fact, i've got video of that, some of the cities bracing for the snow. a massive winter storm bearing down on the northeast, warnings

from chicago through new york state and new england. the storm forcing hundreds of flight cancellationings at o'hare, now it's headed east as new york metro area could see eight inches with rathers north looking for a foot or more. an estimated 70 million americans facing a major snowstorm by at the end of the week. >> new this morning scientists and also tourists aboard a research ship stuck since christmas have been rescued. this is an ongoing effort. it began scooping up passenger as few hours ago taking them to a nearby ship. the helicopter could only take kael of 52 at a time. 22 crew members intend to stay on the ship. it comes after two failed attempts to reach by ice breakers who could not make it through the thick ice. >> firefighters in minneapolis say they do not know if anyone remains trapped in a building

after an explosion and this huge fire yesterday. firefighters could not get inside because the roof has partly collapsed. the building housed ten apartments and a grocery store. investigators say some may have been pushed out of the building by the blast. >> still ahead, a former cal coach heading to the big stage. >> this morning anthony slaughter in for mike. you can see roads are wide open.

welcome back. cardinals fans waking up disappointed this morning. following the team's tough loss in the 100th rose bowl. thousands of stanford and michigan state fans packing the stadium in pasadena. this one was close all the way but i mean, in the first possession stanford jumps out to this early 7-0 lead. everybody thought this was going to be a blow-out. this is tyler gaffney. we're tied up at 17 until that connor cook finding tony lippett over the middle. sanford falls to the spartans. >> to lose is difficult. there is no greater high than achieving that kind of level as

a team. so it's difficult. we are happy with the way we played, it definitely hurts. it's not easy to lose. >> that man had a great game despite the loss the cardinals finished with 11-3 record. >> from college football to the pro t 9ers busy gearing up for trip to green bay. the showdown against the packers three days away. the two teams squared off last season. 49ers came out on top thanks to colin kaepernick. that game was at the stick. this time the 9ers have to brave those single digit temperatures and also a healthy aaron rodgers. >> win or go home. we'll put ourselves in the best possible chance to win this game with our preparation and how we play on sunday. >> a lot of people tuning in for that. kickoff will take place after

1:30 p.m. >> former coach jeff tedburg reportedly on the way to the nfl. he will be the new offensive coordinator for the tampa bay buccaneers. he will serve under lovie smith who just signed as the bucs' new head coach yesterday. this is tedford's first stint in the nfl. he led cal to an 82-57 record in 11 seasons with the golden bears. >> that is looking good. we want to look on the roads and see how it's shaping up. good morning to you. >> good morning to you guys. we are looking at good conditions now, not much from chp. i'm guessing they must have a few on vacation or maybe not in the office, we're not getting anything from them. so no news is good news. you can see as we approach the bay bridge, looking good in oakland. another perspective off richmond, berkeley, you can see. things moving without a problem there. let's take to you the maps and the altamont pass.

we're seeing wide open roads there. there is one incidence from chp, it's got taken off the radar fairly quickly. you can see we're finding slowing, this is 101 northbound after the dumbarton bridge exit. there is an obstruction of some sort. trying to get more information. back to you by tos. >> thank you. >> still to come, we're following breaking news in the south bay. detectives investigating the first homicide of the year. the latest in a live report. >> an arson investigation at the chinese consulate. new images released overnight. a heart attack?

every 40 seconds someone has a stroke. but it doesn't have to be that way. every day there's hope. join me and the american heart association and get serious about your heart and your health. if you're doing nothing, do something. if you're doing something, do more. find healthy living solutions from the american heart association's my heart my life. it's that simple. good morning. we're going to take you live to east san jose where police are investigating the first homicide of 2014. that story coming up. >> reporter: new this morning a fire at the chinese consulate in san francisco. inside they released a statement saying someone poured gasoline

on the building and set it on fire. we'll show you the damage coming up. >> and maybe you're headed back to work today. temperatures are going to be comfortable later on you want to dress in layers, have to point out it's another spare the air day. but our pattern is going to dramatically change. we'll talk about the cooldown, when we might get rain and much better air quality. >> anthony slaughter in for mike inouye tracking your road conditions. looking good right now. you don't want to leave. we've got two hours in store coming up. >> and a look outside, it's thursday, january 2nd, and this is "today in the bay." good morning. 5:00 straight up. thanks for joining us. i'm scott mcgrew. >> i'm peggy bunker. laura garcia-cannon has the morning off. we have breaking news out of east san jose. one man is dead. police found his body not too far from a