Jose. Look at the highs today. We are back in the upper 60s. Gorgeous weather, but we desperately need rain at this point. Ill let you know if theres any in the forecast coming up. Lets head over to vianey arana. Anything happening on the roads yet . Not yet. It may be cold outside, but the roads are on the clear side. The Speed Sensors, everything is green. We arent seeing major slowing. We are seeing the slowing along eastbound 580, but nothing major on that end. A quick check of the bridge drive times. No major or minor accidents to report. Eight minutes on westbound 880 toward the bay bridge. Westbound 92 toward the san mateo bridge, 13 minutes. Another update in a pitch hopefully its as good as clear roads. Back to you. Live to the nations capitol where for the first time in 25 years, alabama voters send a democratic senator to represent their state. It was a stunning victory for doug jones. Moore did not concede the race. He will wait until all the votes are counted. All news project he won by more than 25,000 votes. More on the president s react and the race coming nup a live report in less than 30 minutes. Many people in San Francisco will wake up to see this cover on the front page of the chronicle. The headline reading mayor lee lead city in time of change. Right now, the flag outside the Mayors Office is at half staff. We have a look at how the board of supervisors is honoring the beloved mayor. It was the last piece of legislation we discussed. Today, im glad to bring forward the legislation to purchase the mcdonald site. Asking them to present Affordable Housing legislation she worked on with mayor ed lee. Hours after announcing the unexpected death. They got back to work. Passing legislation, much of it on helping the homeless. The director of homelessness and housing says he will carry out lees plan. The mayor gave me direction months ago, opening more housing and teaching you, trying to implement the framework we laid out. The supervisor says she is concerned lees absence will change plans. I worry that given the mayor was driving that work, a lot of that work from his office that now, because of his absolutely tragic death, it wont continue. The resolution is adopted. Reporter the board could vote to put someone else in room 200 after winter recess. Its upon us to ensure we stand unified and ensure a smooth transition. Reporter supervisor jane kim is opening for an orderly transition, a transition lee would approve of. Finally, some closure in the sierra lamar trial. Not the ultimate the family was hoping for. He was sentenced to life in prison without the possibility of parole. He was convicted of killing lamar in 2012. After the sentencing, sierras father had a strong message. The only thing we can hope for is prison will be a hell for him and that what he has done will eat away at his brain like a cancer while he rots in prison. Her mother also spoke and addressed the fact that her daughters body has never been found. Asking him to come forward where sierra is to give us the real closure we deserve as a family. They can take solace knowing he cannot kill again. We could find out today if they will go to trial in the deadly oakland fire. Today is the final preliminary day. The judge will decide if theres enough for a trial. They are facing involuntary murder charges. More than a year ago, 36 people were killed when a fire broke out during a dance party. Thousands remain evacuated as fire crews make headway on the massive thomas fire. This morning, cal fire is putting containment at 25 . The number of structures destroyed or damaged surged past 1,000. Most evacuation orders have been lifted for ventura county. It has burned 236,000 acres. Today, San FranciscoInternational Airport honors an sfpd officer stabbed trying to stop a suspicious person. All we know is what he did that day. Calls came in of a suspicious person in terminal one. They found the 64yearold who immediately attacked the officer with a knife. The officer suffered cuts to his face but he recovered. Johnson was a homeless man and was arrested. Coming up on today in the bay, your credit card and what you are charging on it. What one survey found and the answer may surprise you. A shopping feature target is rolling out to give a more personal touch to your gift card selection. This little home of mine, im gonna let it shine. Its Energy Saving time, im gonna reduce mine. Californians all align to let our great state shine. Let it shine, the powers ours to let it shine unplug chargers go, devices go offline. Turn thermostats down low, leds shine mighty fine. Small actions quickly grow, to let our great state shine. Energy upgrade california, will let us shine. Good morning, im kate rogers live at cnbc global headquarters. Here are the top business headlines. Wall street set for gains at the opening bell. The markets were split, the dow closing at a record high. Nasdaq snatched a fourday winning streak. They will focus on the federal reserve, which wrappings up a meeting. They are set to hike Interest Rates again. The nasdaq slipped 12 to 6862. Target has unveiled a feature aimed at people who think gift cards are too impersonal, but are too busy to shop for themselves. You can pick an item to be sent via email. The recipient can accept the gift or change the size. They can also use the money you spent to buy Something Else entirely. Costco has a big deal for movie buffs. The retail warehouse buff is teaming up with Movie Theater subscriptions. They are offering a special oneyear plan for 89. 99 to give access to pandoras library. The offer is only Available Online until december 18th. Marcus and laura, back to you. Movie and a meal. Thanks so much, kate. 4 40. Stock markets hitting record highs, but Americans Still struggling. We are looking at what americans are charging. Its not all iphones and gifts. A lot of americans are using cards just to make ends meet. 42 say they use their credit cards for car repairs and medical bills and are still paying off that debt. As you get up this morning, you are greeted by hold man winter. A chilly start to the day. Many spots below freezing as you head out. As we look outside in san jose, a chilly start. Evergreen, low 40s at 6 00. Today, warming up quickly. Well be in the low 60s by noon. Well look at the rest of the day and the rest of the week, next. We are off to a pretty typical wednesday morning commute. You can see the bay bridge toll plaza there. Smooth, of course. No metering lights, just yet. A quick look at the drive times in a bit. Still ahead, an 11yearold girl is handcuffed by Police Officers in michigan. Your right hand behind your back. Youre fine. Youre fine. This morning, questions about why this happened when officers were looking for a suspect that looks nothing like the girl. Well show you the suspect Police Officers were looking for when today in the bay continues in a moment. Cindy and frida appreciate the arts. Frida is a work of art. When its time to eat, frida enjoys the culinaryinspired taste of meow mix bistro recipes. Made with real chicken, salmon or tuna. Its the only one cats ask for by name. Camera roll all afternoon check this out. We let our san jose skyline camera roll all day. Look at the haze that was lingering on and on. Its a brown haze, not instagram filter thach filter. That is what we are breathing. The spare the air alert on through tomorrow. We are on the seventh day. The whole week we have to deal with this. It looks like yesterday actually wasnt as bad as it has been. Today, it may get worse because of a slight shift in the wind coming up from the south that will keep some of that haze and also unhealthy air quality around the bay area. As we start out this morning, of course you cant see anything but the clear skies. We will have the most unhealthy air in the north bay today. Moderate for the east bay peninsula and the south bay. If you have breathing problems, limit your time out there. Looking at the seven day forecast, a very cold start, but a nice, warm afternoon. As we get a look at some of our temperatures right now as you head out the door, oakland is 38 degrees. Its 31 in livermore. Many spots dipping below freezing. The air is so dry you have to add on extra moisturizers as you go this morning. Up to 64 degrees in milpitas. A very nice afternoon. Livermore, 65 degrees. 63 at hayward. Halfmoon bay, 70 degrees. San francisco, 62 degrees on the embarcadero and 63 degrees today in sonoma. So, a live look outside in san jose. You are standing in front of the closet like, what do i wear today . Pretty much the same as the past few days, layers. Its going to be a morning that should be gloves and a good day to start out with boots, something nice and warm, short sleeves and pants for later on today. When it warms up, you will be comfortable. When we get some of the sunshine and the warmer temperatures, its been cooling down quickly. Then well finally have a chang in this pattern by next week. Unfortunately, as we get closer to this day, doesnt look like a lot of rain in the forecast for next week, even as we get closer to christmas. Well ask santa to bring us some rain, maybe sierra snow. In the meantime, we have temperatures that will stay in the 60s and well above normal, even close to records. We have seen that the past several days as well. Vianey arana, on the roads, any problems yet . Not yet. I hope it stays this way. One thing i enjoy about the dry weather, i washed my car yesterday for the first time after a very long time. Lets get a quick check of the map. The Speed Sensors not picking up problems. All green. Green means traffic is flowing smoothly with the typical morning pattern. A quick check of the drive times for the east bay. Northbound 880 from marina to broadway, ten minutes. Westbound 580 to grand avenue, eight minutes. From fish ranch road to the bay bridge, seven minutes. A quick check at the 880. We are seeing a bit more of a build up in oakland, however its smooth flowing, considering there are no reports from chp. Another look at the san mateo bridge. You are seeing more taillights and headlights out there early this morning. It is only 4 48. The early birds get the best commute. Thanks. 4 48 for you now. Now to the oakland hill fire we brought as breaking news yesterday. We dont know the cause of the fire that started late monday night. This was at a home under construction. Two homes were destroyed and eight others damaged. The Quick Response of firefighters kept the flames from spinning out of control. In michigan, grand rapids Police Officers were looking for a 40yearold white woman. The police instead arrested an 11yearold africanamerican girl, put her in handcuffs at gunpoint. Here is the officers body cam video. No no you are not going to jail or anything. No keep your hands up. Its hard to hear. The person getting handcuffed is hodges, an Elementary School student. It happened last week as she stepped out of the homes back door. Police were looking for her middleaged aunt, a caucasian woman wanted for murder. They say officers put her in the back of the squad car. It made me feel scared and feel like i did something wrong. When my mom was walking past, i was putting my hands through the windows screaming, please dont let them take me. Her mother kept telling officers not to arrest her daughter. The police chief is responding. He was shocked by the video. We listen to the 11yearolds response. It makes me physically nauseous. To say anything less than that would be insincere. The incident is under investigation. Happening today, san jose chp and others focus on reducing trafficrelated deaths. The bay area has the highest number of traffic related deaths and injuries in the region. The latest state data from 2015. In san jose, 5100 people were killed or injured. Alcohol was involved in 600 of the cases. We want to let you know about this one. More than 80 of those cases involve kids under 15 who are either walking or on bicycles. Todays safety discussion is at 10 00 at the Silverado Center for nonprofits. All right. For weeks here at today in the bay, we have been rooting and cheering for dublin high schools noah mac on the voice. He fought hard and got far but last night was not his night. His final performance. Just stop your crying, its a sign of the times end of the road for noah, for now. He is a senior in high school. Hes got a long road ahead. Many successes yet to come. We are very proud of him. He represented all of us with poise and talent on the voice. Hes really good. My mom gave me a spoiler alert. Did she really . She said, hey, that guy from your area didnt make it. Im like, wait. Good for him. Cant wait until he returns back. Coming up on today in the bay, today in the bay responds. He hired a company and pays hundreds of dollars to get files off a hard drive that crashed. He doesnt believe he got what he paid for. Im consumer investigator, chris chmura. A lesson for everyone when nbc bay area responds, next. First, happening now, fewer people are applying for mortgages. Weekly Mortgage Applications fell 2 last week. Mortgage applications are 10 higher than the same week a year ago. Prince harrys fiance will join the royals for christmas. They Exchange Gifts christmas eve. They announced their engagement in november. Welcome to the family. Nbc bay area responds to a walnut creek man whose hard iv here is a story we can relate to. Nbc bay air responds to a man whose hard drive crashed. He called our team about a bad service with a Data Recovery service. Chris chmura explains what went wrong. What happened to david could happen to any of us. The hard drive went kaput without warning and important files were missing from his back up. He paid a recovery data expert 383 to resurrect those files from the broken hard drive. The Company Quickly said it restored his data. A lot of stuff was there. Some of it readable, some of it not. None of the precious files i really wanted. He felt he didnt get what he paid for and challenged the no data, no charge guarantee. The refund was denied. Tonight at 6 00, why the company said no to him and us. Also, what we learned by calling lots of other Data Recovery companies all over the country. What we are learning about hard drives and emergency recovery might change your computing habits and save you money. If you have a consumer complaint, call 888996tips or visit www. Nbcbayarea. Com responds. See you again tonight. Well be waiting for it. Hanukkah celebrations continue tonight. You are looking at the menorah lighting from last night in union square in San Francisco. A gift that keeps on giving. Socalled lay away angels pay off ten orders for customers in san jose. This happened at the toys r us on boston hill road. A man was struggling to buy gifts for 20 kids in foster care. He was hoping to pay it forward. Last night, someone paid off that 320 bill he had on lay away. There are people in the world who ask for nothing in return and just want to help people make a difference in their lives. After tonight, this has restored my faith in people. Thats nice. The store says three people paid off 2,000 worth of items over the past week. All of them wishing to remain anonymous. That puts you in the christmas spirit. Giving. Absolutely. Coming up, kari is going to give us a look at the forecast. You may not want this. Come on. Well take it. Lets take a live look outside in fremont and look at the temperature trend through the day. Chilly start. Beautiful afternoon. Well talk more about whats ahead in a few minutes. Here comes the traffic. The bay bridge toll plaza seeing back up. The metering lights are on. Fast lane, no issues. We are seeing build up. Ill have a look at the drive times in a bit. Reporter a heavy Police Presence in mill bray. You can hear the canines do their work as they search for three suspects in a carjacking. Where it started and where it ended. You are watching today in the bay. This little home of mine, im gonna let it shine. Its Energy Saving time, im gonna reduce mine. Californians all align to let our great state shine. Let it shine, the powers ours to let it shine unplug chargers go, devices go offline. Turn thermostats down low, leds shine mighty fine. Small actions quickly grow, to let our great state shine. Energy upgrade california, will let us shine. Palo alto we made it to wednesday morning. Just have to make it through the day. A live look outside highway 101 in palo alto. Folks are sleeping in. Its early. Just turning 5 00. Good morning to you. Thanks so much for joining us, im laura garcia. Im marcus washington. The start of the day is going to be a cold one. Yeah. It is winter. It has been so dry. Thats part of the problem. When we have such dry air, low humidity, we have a wide range in temperatures from the Morning Hours to the afternoon. It cools down and warms up quickly. As we step out the door now, freezing in the trivalley. You may have to scrape frost off the windshield where we are down to 31 degrees. San francisco, 46. A very cold morning and warm afternoon into the mid to upper 60s, again later today. Well take a look ahead and talk about how dry it is and if we have rain in the forecast coming up. Vianey arana takes us out there on the roads. Any issues . At the