downtown san jose. it's nice. the christmas tree there still shining bright. >> still rocking. i still have mine up. i'm not ready. >> i just tossed mine out. >> you did? >> yesterday. >> you're done. it's a new year, it's a new living room. >> thanks for joining us this morning. i'm marcus washington. >> and i'm kira klapper in for laura garcia. we want to show you this, something we're all talking about this morning, a small earthquake rattled morgan hill overnight. our team is monitoring what parts of the bay area felt it and how you can prepare for the next big one. >> certainly a talker last night.

>>mat felt mn about the weather and erh tng aset me mak it clear about the old wives tail. kira knows, that's why she brought it up. even though it was cloudy it had nothing to do with the weather. the magnitude was reported as a 4.1 and downgraded to 3.9, the depth four miles. it happened around 11:16 p.m. this is a map to give you perfespectiv perspective. there is a possibility we might get a couple aftershocks throughout the afternoon. don't worry, we'll have a fantastic thursday. a beautiful view right now of the golden gate bridge shining so bright and we will see the p 40s and 50s. and yet again a combination of cloud cover with peeks of

sunshine trying to peek through. the clouds were pretty dominating in some areas. let's see how the roads are doing right now. we have our real time traffic map up and the yellow spots you see there are areas of fog. so if you encounter fog, just remember slow it down. keep your regular lights or low beams if you have them. if you don't, don't even worry about it. >> 3.9 quake that hit late last night. >> it rattled a lot of nerves. "today in the bay's" kris sanchez is live in morgan hill. good morning, kris. >> reporter: good morning to you, kira and marcus. we could feel it in the south bay where i live, i didn't feel it. i slept right through it. we always check in with our local grocery stores because with all the things on the shelves that's where we see the most immediate damage. we talked with the night manager. he said he did feel a small jolt

but everything is just fine in the store. nothing even came off the shelves. i want to show what you it looks like on the seismograph. it was 11:16 last night. our colleague robert handa, we did have people calling in the newsroom in gilroy and morgan hill. robert handa tweeted he felt it. here's what you need to do to be earthquake ready. put some shoes, maybe a flashlight within reach near your bedside, keep your car gassed up at least three-quarters of a tank and cash on hand because if the power goes out in an earthquake it will be impossible to get cash or gas. keep a 72-hour kit with food, water and medication. we talked about that a lot. if you're out and about you can

drop, cover and hold on. if you are in bed, as many of us were last night, make sure you protect your head with a pillow. don't run because there could be glass on the ground and you could hurt yourself. i put this up on facebook. maybe you slept through it. maybe you didn't. kris sanchez, "today in the bay." >> wahing the news. >> but i didn't feel anything. >> well, you're kind of high up. >> true. 4:34. i am tall. new for you from overnight another quake, this one after the one in morgan hill. this was a 4.0 magnitude and rocked parts of southern california earlier this morning. it happened about 15 miles south just after 2:30 in the morning. no reports of damage. the usgs says aftershocks

can continue. the larger the earthquake the more aftershocks you can expect. >> this morning the lawyer for the man in the deadly b.a.r.t. stabbing is asking for a venue change. john lee cowell is accused at the mcarthur b.a.r.t. station in oakland in 2018. cowell is also charged with attempted murder for allegedly stabbing wilson's sister who survived. his trial is set to start later this month in alameda county. however, his lawyer is requesting a venue change saying he can't get a fair trial locally. 4:35 right now. two suspects in the deadly -- two suspects are in custody this morning, a third still out in connection to a laptop theft at an observing starbucks that resulted in a man's death. there's a growing memorial outside the coffee shop.

thanks to surveillance cameras caught him as he raced through. the driver nearly ran down a man and his four children visiting from north carolina. >> for the ftunately he saw me e four kids and avoided the intersection. it was scary. >> the man whose computer wasol getaway car to try to get back the computer and he was dragged down the street. the unidentified victim died at the hospital. the identities of t two north b deputies are recovering following a late night crash. the sonoma county sheriff's department says the two deputies were rushing to a domestic violence call and crashed into one another on highway 12 in santa rosa. one of those deputies was taken to the hospital with moderate injuries. we're told the other wasn't hurt

badly enough to need medical attention. and there is more fallout over the new california state labor law. >> it requires workers to be reclassified as employees and not contractors. now the california trucking association is suing. truckers have mixed reaction to the new law. some say it hurts their bottom line. others say it helps better protect them. >> i think it's a bad situation. i think people have own their own rig or piece of equipment. >> not just employeerks comp. it's the most dangerous industry in the nation. >> the law is on hold for now after a federal judge signed a temporary restraining order. meanwhile, uber is suing to stop the lie from applying to them. a federal tug of war emerging over pg&e wildfire settlements. the utility is agreeing to pay victims of the recent fires $13.5 billion. however, before that can be

paid, california state agencies say they're owed about $3.3 billion and federal agencies have claimed totaling about another $4.3 billion. 4:38 for you this morning. a major warning coming up, the vape pen explosion leaving one woman injured. plus, streaming has reshaped the music industry. ise in subscription and how much streaming now accounts for the music market. and taking a look at the bay bridge toll plaza. vianey is tracking the commute and will have a look at the forecast coming up.

it is 4:41. we are tracking a new storm system,llit radar showing mostly clear skies but a storm is on the way. i am tracking the timing of that for you and what you can expect when it comes to those temperatures. plus, i am keeping a close eye out on the roads and have a new crash to tell you about. this is in the tri-valley that may affect your morning commute. i'll have complete details and a look at your drive times coming up. and good morning. here's today's top business headlines. wall street looks to start the new year and decade on a positive note. investors continue to be hopeful over the u.s./china trade deal,

china announcing new measures to stimulate its economy. stocks closing higher on new year's eve. the nasdaq and s&p 500 had their best years since 2013. a report on the number of people filing for unemployment and the minutes from last month's federal reserve meeting. the irs is announcing changes to hopefully make it easier for you to file your taxes for free. the agency has put new protections in place prohibiting turbo tax and other companies like it from preventing their free filing software from showing up in google searches. that means the next time you search for one of their apps you should be easily able to find anushe face of the we're getting some really interesting new numbers. the recording industry association of america says that streaming counts for 80% of the market. subscriptions rose to about 61 million now.

spotify launched in 2011 and about 80% of americans have a smartphone so that helps explain the shift to streaming. marcus and kira, back to you. >> i'm a spotify girl. >> i'm not. you all are? >> what do you stream on? >> apple. >> apple? >> i was still buying cds, going in the stores yo i >> i'll tell you all about it. >> what are these cds you speak of. >> sit down and let this old guy tell you. >> i totally know. i just don't remember the last one i bought. cds are good. vianey is tracking our forecast. >> the last cd was destiny's child. >> which one? >> the writing on the wall. >> what is that 15, 20 years

ago? >> i think i paid it off with me washing cars. san jose at around another one of those cloudy days. sunshine up ahead for your weekend coming up. when you leave a car repair shop you don't have to wonder if they did the work they were supposed to. the state will inspect your car for free after you've had auto body work done. the inspector will compare your invoice to the work that was done. if they find a diskrcrepancy th can trigger a complaint or investigation. you can sign up online. we put a link on our website nbcbayarea.com/responds under the consumer resources section.

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trumpand total disaster.mplete let obamacare implode. nurse: these wild attacks on healthcare hurt the patients can make because i saw what mike bloomberg did as mayor. nurse: these wild attacks vo: mayor bloomberg helped lower the number of uninsured by 40%, covering 700,000 more new yorkers, life expectancy increased. he helped expand health coverage to 200,000 more kids and upgraded pediatric care--- infant mortality rates dropped to record lows. and as mayor, mike bloomberg always championed reproductive health for women. so when you hear mike bloomberg on health care... mrb: this is america. we can certainly afford to make sure that everybody that needs to see a doctor can see a doctor, everybody that needs medicines to stay healthy can get those medicines. nurse: you should know, he did it as mayor, he'll get it done as president. mrb: i'm mike bloomberg and i approve this message.

good morning to you. taking a live look out at palo alto, a beautiful start, dark and early, to our thursday morning. >> with the new year it feels like it should be a monday. >> but here we are on a thursday. >> and traffic is already picking back up. a 3.9 earthquake this morning. vianey is covering both for us, the weather and the traffic. >> i have you covered. we're going to have a good day. have no fear. there will be more traffic out on the roads. the weather will be great and how can you not love the shot of the stunning golden gate bridge and current temperatures we're not bad with the exception of

napa which is in the 30s. very typical to dip down into colder temperatures. 51 degrees in san jose and our micro climate highs will be similar to yesterday.yo probabl breezy if you were on the coastline even in downtown san jose was breezy. predicted high for today. concord 64. some areas may see about 65 degrees. san francisco 59 degrees and i want to show you satellite radar. right now we're in the clear but we're tracking our next storm system. i want to give you a closer look what we're expecting. it isn't until late, we're talking 9:00 p.m. friday when we start to see the system potentially moving north to south. the models are showing the majority of the rain staying north.

right around 5:00 a.m. but by 6:00, 7:00 a.m., that rain doesn't make it to the south bay. now we are tracking estimated snow for the next three days. listen up if you're heading to lake tahoe. friday we get a storm system that moves in and that will bring some new snowfall which will bring up our snowpack in the sierra. that's going to make for a tough commute into south lake tahoe. again, dry through today. friday a high, 57. spotty chance of showers into saturday. not a complete washout, less than a tenth of an inch. right now the models are showcasing the basically set up of a dry week ahead. this mini system that will roll through we'll remain sunny heading into the second week of the new year.

a new crash and this is the only one on the map. a couple of slow spots through mountain view that looks like it may be overnight construction and we do have a closer look at that crash along southbound 680, the middle lane is blocked. it looks like they are working off to the side. the bridge drie times, westbound 80 to the bay bridge only looking at eight minutes. hopefully everyone staying safe. vianey, thanks. it is 4:50 right now and there is a different warning about vape pens this morning. the risk of explosion. a woman was carrying a backpack with a vape inside of it and the pen exploded. her clothes caught fire. she suffered from first and second degree burns. her experience isn't uncommon.

more than 2,000 people were burn because of vape explosions. >> the battery inside will get hot. >> so health experts say if you are carrying a pen around with you, make sure you have itcase. two men are behind bars in connection with multiple vehicle thefts in stockton and part of a same ongoing problem happening here in the bay area. deputies say the suspects spotted under a honda tryingto steaconverter. police agencies are warning about a recent rise in thefts of those types of car parts. catalytic converters are valuable because of the metals in them such as platinum. police are one step closer to catching drivers who are high. alcohol impairment is easy to test. testing for marijuana is a lot

more complicated. the "san francisco chronicle" reports one oakland company believes it may have a solution. it's a breath analyzer that can tell if the user has had thc or alcohol in the past three hours. police are testing the devices but there's still a lot more they need to know before they use the device on the street. former mayor petehit house is now expanding. 500 people nationwide are now working on behalf of his campaign. buttigieg also has raised nearly $25 million. no longer mayor in south bend, indiana, after his successor was sworn in yesterday. new numbers show president trump's re-election campaign raised $46 million in the last quarter. that makes him the fourth quarter, the campaign's best since the beginning of the 2020 election cycle. 4:53 and honoring a sports

legend. the tributes coming in for former commissioner of the nba, david stern, following his sudden death. and the memories seth curry shares. leaders in new south wales, australia, are declaring a seven-day state of emergency deadly brushfires we've been reporting for weeks. more than 200 bush fires are burning in an area almost as big as the size of west sen people last 24 hours. government officials say up to 30% of kualas may have died. back after this. right now, 2 of my breakfast jacks with a freshly cracked

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mourning after one of the most influential members has died. david stern passed away at the age of 77. he spent the last couple weeks in the hospital after suffering a brain hemorrhage. stern took over control in 1984 and help build the league. after retiring in 2014 he was inducted into the basketball hall of fame. >> in honor of his life and legacy we ask you to please join us in observing a moment of silence. >> the warriors issued a statement saying in part we lost one of the icons of our sport. several key players took to twitter honoring stern as well as steph curry. he actually posted this photo writing we'll never forget the words you spoke this day with the seventh pick changed my life

forever. >> that was shocking to hear that he died. vianey tracking that forecast for us. >> i'm tracking temperatures, our next rain chance and the latest sierra snowpack. how are we doing when it comes in terms of the rain? complete details coming up. working to protect renters rights. next on "today in the bay" the new laws place setting rent caps across california.

right now at 5:00, shaken up. an earthquake rattles parts of the south bay overnight. a live report coming up. plus -- >> fortunately he saw me and avoided us. it was kind of scary. >> two now in police custody, one still on the loose.what pol saying about the robbe t plus, a live look at the golden gateanaracking how much we could get and when it could get here. "today in the bay" continues right now. and a good morning to you on this thursday. thanks so much for starting your morning here with us. i'm marcus washington. >> and i'm kira klapper in for laura garcia. deservedly enjoying her january 2nd off. and mike is also off and kari is also off. so vianey is kari and mike. >> we've got you guys. kari is up in lake tahoe.

i'll have a look at that snowpack. she's been sharing amazing pictures. i'm just a little bit jealous. our current temperatures, 43 degrees in concord. 50 in san jose. if you're heading out the door and trying to plan out your afternoon we're expected to keep the cloud cover. our temperatures are similar to