♪ to let our great state shine. ♪ energy upgrade california, will let us shine. ♪ a very good tuesday morning to you. looking live at emeryville. look at that. looks like somebody cleaned the lens. a clean start to our tuesday morning. thanks for joining us, i'm laura garcia. >> i'm marcus washington. another cold start to the morning. >> we are expecting rain to move closer to the north bay later tonight. it is going to be a mostly cloudy day and mild temperatures. we are below freezing in fairfield and one degree above freezing in livermore. 39 in san jose. a very cold start to the day. we are going to reach the mid-60s for the south bay and san francisco, 58 degrees and 59

today in santa rosa. here is the storm system producing rain to the north of us. we'll talk about when it arrives in the bay area and the rain it can bring. that's coming up in a few minutes. mike, you are tracking a light commute? >> yeah. we did have one issue. i'm going to take you south. southbound 101 out of san jose through morgan hill was closed for an hour this morning. it did reopen 25 minutes ago approaching cochran. it's around burnett avenue. that crash did clear and traffic went quickly south out of morgan hill and gilroy. we saw the clear view of emeryville. back to you. >> thanks, mike. developing out of dupont, washington, south of tacoma, that is where an amtrak train derailed killing three people.

dozens were taken to the hospital. that train was traveling at three times the posted speed limit when it crashed. it was going 80 miles an hour in a 30 miles per hour zone. some of the cars crashed on to busy interstate 5, as you can see there. one passenger described the chaotic scene. >> squealing and rattling of the train. kind of got dark. >> that train line opened along with newly upgraded tracks. authorities say recent safety enhancements along other stretches of the track that were not yet done in that area where the derailment occurred. we'll have more in the 5:00 hour. temporary remove a nonprofit for homeless is facing backlash. >> the city council will weigh

in on the issues. they have given the trinity center permission to move into the strip mall for 18 months as the current location is replaced with a new building. that's not sitting well. they say the it will increase crime. others say they need help. >> so hard to afford living here. i talk to these people and they can't make ends meet, you know? a lot of bad things happen in people's lives. we have to help them. if you ignore it, they won't go away. it's not going to go away. >> as you heard, not everyone is againts the plan. they only serve 19 people. 4:33. a follow up for you. pittsburgh has given the green light to freeway cameras. there have been more than 100 freeway shootings. police and other agencies will use cameras, license plate

readers and microphones to track suspects. caltrans is investinging $3 million. four teenagers have been arrested for firing flares into homes over the weekend. this is a look over the weekend showing one in action. we have more on what police are doing to stop it from happening again. >> scary. real scary. >> reporter: rob says it was the sound of the flair hitting his home that woke him. >> when i came out, there were flames from here and up into the eves here. >> reporter: mike's house was hit, too. >> if it had dropped on to the dry woodchips here, i imagine it could have easily started a fire. >> reporter: police say the suspects rode around the neighborhood shooting a flair

gun into seven homes. investigators were able to crack the case quickly, arresting four juveniles ages 15 and 16. neighbors who are part of the camera registry program turned over their footage to investigators. >> i'm glad they made arrests. dangerous. it's a long ways away from 15 and 18. >> one of the things is whether it was done intentionally to start fires in the neighborhood or just kids being kids. either way, regardless of the intent, the outcome could have been bad. things are getting back to normal at atlanta's airport following the power outage. airlines are expecting fewer cancellations and delays. we are not expecting many cancellations here in the bay area. if you are flying, check your flight status before heading to

the airport. sunday a fire broke out forcing thousands of flights to be canceled. the fight continues to keep local schools from being shut down. they held another meeting last night and parents showed up in droves. they expect to close up to five schools because of reduced funding. the high cost of living in san jose is due to the low attendance. a final decision is expected next month. two swimmers were attacked by sea lions. the area is off limits until thursday. some are not heeding the warning and going into the water anyway. last week, two swimmers were bitten by sea lions. over the weekend, they spotted three female sea lions across from the park entrance. there's not a lot of holiday cheer when it comes to sales.

what the company is considering in the wake of the week before. huge discounts coming for some bart riders. who qualifies to ride for half off, when we return. really?

really? really? really? really? really? see zero in a whole new way. get zero down, zero deposit, zero first month's payment, and zero due at signing on select volkswagen models. now with the people first warranty. good morning, i'm leslie picker live at cnbc global headquarters. here are today's top stories. wall street set for more gains at the opening bell.

stocks rose with the dow closing at a record high. investors await a final vote in congress. the dow has risen five points in 2017. watch for building permits. the dow rose yesterday and nasdaq closed up. toys "r" us is reportedly considering closing at least 100 stores in the face of low holiday sales. the chain filed for bankruptcy in september. it could deal another blow to toys "r" us, hasbro and mattel. nbc will start streaming sunday night football on mobile devices through the tv everywhere app. the move comes a week after verizon gave uprights to live stream nfl games. national and local ads. sunday night football was available to cable subscribers

who linked the account. this means a much larger audience can watch games on their phones. marcus and laura? >> they will love that. >> take it with you. >> thank you so much, leslie. the new year means people arrived on bart. for teenagers, half off ticket prices. bart tweeted video as well. you must be 18 and under to quality and you have to get a youth clipper card. the discounts begin january 1st. head to twitter at www.nbcbayarea.com to get the details on how to sign up. coming up on "today in the bay," kari joins us with the forecast. >> chilly and clear as we take a live look outside in fremont. already busy on the roads. our temperatures start out in the low 40s, then make it to the 60s again today. we are in for big changes after some rain moves through. i'll talk about all of that coming up on the other side of the break.

move farther east, this is dublin, near the interchange. you can see the grade at the top. a huge drive at 580. good company here. the rest of the south bay is coming up. plus, the force is strong with this one. the way a local police department is jumping on the "star wars" wagon. ad lib live picture-- san

jose )s christmas in the park a very good tuesday morning to you. taking a live look at christmas in the park.

the lights illuminated there. they are open until the 7th of january. >> we have that championship here. >> we have to get ready for that. >> yes, exactly. >> figure 8. >> marcus and i do a great lift. >> 4:45 right now. yesterday, we told you "star wars: the last jedi" broke records at the box office. there's another one breaking records online. this is from mountain police. check out who is at that speeding car. you know how fast you were traveling. >> light speed. >> i am altering the law. >> how many times do i have to tell you that doesn't work? >> there you have it. moral of the story, even in

galaxy's not far away. you can follow it on www.nbcbayarea.com. >> that's funny. it's interesting they had time to do that. >> maybe not so many speeders. >> right. >> heads up. so, as we start out this morning, it is another cold one. we are in for big changes. here is a look outside right now as we get a look at three of the microclimates and the current temperatures, 33 degrees in the tri-valley. colder now in the south bay than 24 hours ago. san francisco at 46 degrees and some freezing temperatures in some of the north bay valleys as the clouds start to move in, check out the seven day forecast at the bottom of the screen. it shows much cooler air coming in just in time for the official start of winter. our high temperatures today in san francisco, upper 50s. mid-60s for san jose and livermore, look for a high of 62 degrees. as we get a look, live right

now, downtown san jose, you are starting out, standing in front of the closet getting dressed, like what do i wear? more layers to start out. a hat is a good option. long sleeves for later today as we will have fairly cool temperatures. not as much sunshine. it's because we will have this storm system approaching, producing a lot of rain in washington state right now. it looks like some of it will lose its punch as it moves into the bay area, some of it drying out. as it moves in, we see that rain early in the morning. i'd say around midnight for the north bay and then 3:00 to 4:00 for areas around san francisco and farther to the south and east. during this time, we are looking at the potential of the bay area getting a tenth inch or higher in a few spots. most of us getting more rain with this round than we have had all month long. unfortunately, there's not

anymore rain after that. we'll also have much cooler temperatures, breezy winds, morning temperatures are going to drop off in san francisco, lower 40s inland. i think by friday morning, we'll have widespread freezing temperatures, we'll have to keep an eye on that. mike, you are going to tell me there's a new crash in san jose? >> there is one that just appeared on chp. the speed sensors are green all over the bay. northbound 880 around highway 101 interchange. notice here, southbound 87, this just showed up as we zoomed into the map. slowing for that section. 880, just moved to the shoulder. i will check out what's going on with highway 87, likely a crew heading through the area and clearing before 5:00. i'll double check. the rest of the south bay, no issues. getting to the bay bridge is an easy drive as well. no major problems.

this just appeared. the maze itself moves well. that's it. back to you guys. >> thank you, mike. military veteran deported to mexico 15 years ago is getting an early christmas present. he will be allowed to return to the u.s. >> we are uncovered hundreds of military veterans who have been deported after serving the u.s. they were deported because they committed a crime after serving in the military and being honorably discharged. after the story air, governor brown offers clemency to them before they were sent to mexico. one, chavez, who came to the u.s. as an infant and served in the marines was told yesterday, he will be allowed to return to the united states before christmas. accusations of sexual misconduct led to the resignation of a powerful and controversial judge.

15 people have complaints against the ninety scircuit judge. he served as chief justice in the ninth circuit court of appeals. he earned the reputation as one of the best judges in the country. the victims say it does not give him a pass. >> probably a tragedy for everybody involved, including the court. i don't think there's any winners here. >> in a statement, the judge apologized saying he has a, quote, broad sense of humor. he added, quote, it grieves me to learn i caused any of my clerks to feel uncomfortable. this was never my intent. to an nbc news exclusive, two women accusing russell simmons of sexual misconduct will start telling their stories on megyn kelly today. they accused the men of

inappropriate behavior and he's accused of rape. he denied the allegations. it airs today at 9:00 after the "today" show. berkeley leaders may repeal an ordinance to use pepper spray. councilmembers approved that ordinance. the vote overturned a ban dating back two decades. since that time, concerns have been raised about the health effects of pepper spray. police are looking for more victims after a man was arrested for exposing himself. jesus is a transient. he exposed himself. he matches the description of a man that did it earlier in the week. coming up next on "today in the bay," stolen from a back home. where he was found and how it

was found. also ahead -- >> nbc bay area responds. >> he trusts the pros for routine maintenance on his van. they do hundreds of dollars of damage in the process. who pays? i'm chris chmura. nbc bay area responds, next. first, happening now, jack-in-the box is slimming down. coming down this morning that the fast food chain is selling its qudoba restaurant franchise. the deal expected to close by april. the office may be back. reports nbc is looking to bring back that comedy. the show will be set in the office and mix new and old members. steve carell will not be returning. we'll have more news after this break. ♪ this little home of mine,

♪ i'm gonna let it shine. ♪ it's energy saving time,

♪ i'm gonna reduce mine. ♪ californians all align ♪ to let our great state shine. ♪ let it shine, ♪ the power's ours to let it shine! ♪ unplug chargers - go, ♪ devices go off-line. turn thermostats down low, ♪ led's shine mighty fine. ♪ small actions quickly grow, ♪ to let our great state shine. ♪ energy upgrade california, will let us shine. ♪

taking a live look on san francisco now. you can see the transamerica building. not too foggy. a cold start. kari is tracking rain that is coming to our area tomorrow morning. she'll look at that, coming up. 4:55 right now. nbc bay area responds to a driver who says his oil change cost him hundreds of dollars down the road. >> he contacted consumer investigator, chris chmura to help get his money back. >> he says he was diligent about getting oil changes for his van. a few months ago, a mechanic discovered the oil level was dangerously low because of a leak, at the oil pan. >> looks like the plug stripped out the thread and he's got an

oil leak. he has one quart of oil in the vehicle. >> greg says he had to replace it on the spot and cost him $400. he wanted the lube shop that did the oil changes to pay for the repairs. he tried for six weeks, but wasn't getting a response. tonight, after "the voice," we take greg's case to the shop and we show you how you can get them to respond to your complaint. call 888-996-tips or online at www.nbcbayarea.com/responds. i'll see you tonight after "the voi voice." >> sounds good. a dog stolen at knife point is now back home. >> a man came into the shop demanding money. he pulled out a knife and there was no cash. the employee stopped the suspect before he took the computer.

instead, he grabbed the dog at the flower shop, named sydney. >> i wanted to chase him, but he had a knife. >> police searched the area for the dog napper but they came up empty handed. several hours later, someone saw her wandering along and called the number on the tag. sydney is back. coming up on "today in the bay," kari is tracking the forecast. possible rain tomorrow? >> yes, getting ready for very early morning rain. most of it falling while you sleep tonight. we'll talk about the timing and how much you could see. that's coming up next. we can see fremont and the truck scale. it moves very well. 880. i'm tracking a couple incidents. i'm pointing out what you may be watching for. >> reporter: with recreational marijuana soon becoming legal in

california, a new tool will be available to determine if someone is driving impaired. i'll explain how it will work, next. a live look outside in dublin..

good tuesday morning to you. it is 5:00. as we take a live look outside in dublin, cars on the road,

getting on their way. mike has a look at the traffic coming up in a moment. good morning and thank you for joining us, i'm marcus washington. >> i'm laura garcia. we are up as well. people are up and at 'em early this morning. >> it's amazing to see how many people are out there, on the roads at 5:00. >> we are not alone. >> right. >> and it's a morning for blasting the heater because it is so cold, once again. it's going to get colder over the next few days after this cold front moves through. i want to show you what to expect as the day goes along. clear skies. this morning, we see clouds moving in. by 3:00, mostly cloudy today and we see light showers moving into the north bay at 10:00. santa rosa will see rain. san francisco, later on into early tomorrow morning, 2:00 or 3:00, you may hear rain hitting the roof. that will give us a wet start early tomorrow morning in time for the commute. we are looking at