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This video, this is from safeway and this was in san leandro. You can actually see the effect of that jolt this morning. Those items on the floor right there, shaken off of the shelves. Again, we also checked with three safeways near the epicenter of that earthquake in berkeley and they all say they have no damage to report. Also, we have no reports of injuries or serious damage. We do want to check in with meteorologist kari hall for some perspective on this. We know so many people were talking about this earthquake that folks who tried to get on that usgs website got a 503 error meaning they couldnt log on. Sometimes that does happen but we do have it on the weather map showing where the epicenter occurred, it was at 2 39 this morning just east of berkeley. We also had another one that rumbled some south bay folks at about 3 34 this morning. This one occurring near cupertino. Overall we have had over 9 Million People feeling the effects of these earthquakes this morning around the bay area, being awakened very early and feeling a little bit uneasy to start out the day. We will talk more about this and also about the weather coming up in a few minutes. Bart workers are going to check the tracks after the earthquake and that means we will feel some delays. Bart already saying that there will be delays for at least the first few trains. Here is the comment here, no initial reports of damage on our system. In an abundance of caution we are running the very first trains at reduced speed for another visual inspection by the operator. Riders on those first trains will experience a 20 minute delay. Normal speeds will resume following that. Right now we want to go to today in the bays bob redell, he joins us live from the Rockridge Bart station in oakland. Bob, what are you hearing from people out there . Reporter well, its still early, we have only seen a couple commuters out here, but we did speak with bart this morning, they said that service actually did start on time at 4 00 a. M. , but what they did is they did inspections before and after that quake around 2 40. They did not find any damage and as you were mentioning it was those first few trains that were going to be going slow so that the engineers, the train engineers could be looking out for any possible damage. Again, no reports of any damage on the rails and bart was warning of the possibility of 20 minute delays as a result. We did see someone on twitter saying that their delay was only seven minutes. Right now you should be looking at sfo air train, this is the interior train at sfo, the airport. That was shut down briefly this morning so that the engineers there could make sure the;clyp j and that the trains were okay and then we presume that service on the air train, again, which is just within the sfo airport, we do believe that that resumed, no reports of any problems there. Reporting live here in rockridge in oakland, bob redell, today in the bay. The quake was centered at the Claremont Hotel in berkeley and thats where today in the bays pete suratos is live there. Not seeing a lot of damage there at this point, pete. Reporter yeah, thats right, kris. Not much damage at all here. We are criteria cross the street from the Claremont Hotel in berkeley. Weve been showing you guys this storefront here where they would have items that would typically get knocked over, these books are still in place, weve got the glass, that obviously is still in place, wasnt knocked down as a result of the earthquake. But lets show you that video. This was tweeted out, this was at a san leandro safeway. I know because i live not too far from there, theres two safeways there, but thats one where you see some of the items that were knocked down as a result. As you mentioned these reports, people feeling this earthquake around the east bay because the epicenter is where were standing in this area in berkeley. We talked in the past hour with a sergeant with Berkeley Police who said he felt that the shake from the earthquake as he was in his patrol car, but we also got an update from him as far as if there are any damages around other parts of the city. We did not have any reports of injury or damage. It did generate some calls, but the calls were not forwarded from our dispatch center to the officers on the street. I believe they were more calls of concern. Reporter take you back out here live to this storefront on domingo area across the street from the Claremont Hotel. Those are fragile items there with the glasses, they did not fall as a result of that earthquake. I live in oakland hills, i felt that shake as i was getting ready for workqwe but no significant damage in that area as well. On this street in claremont, a pretty busy area in the morning, there is a coffee shop down the way, we will try to talk to some people to see what they felt in the area, but the good news is at least where were standing in this claremont area around this block doesnt appear to be any significant damage. Live in berkeley, pete suratos for today in the bay. Again, as weve been saying a lot of people have been feeling this earthquake from this morning, 4. 5. They are responding on twitter this morning. Ac lake merritt, one person could feel it in santa cruz. Wow. That is really far. We felt it here in san jose this morning, marcus. You said that you looked for any sort of movement in the pool. In the pool. Where you live. I just thought the dog jumped on the bed and then i realized he was already there, thats when i knew it was an earthquake. Kari, you were up and at it already this morning, you said that you didnt feel it. I was up at that time doing my hair and i did not feel that earthquake. We do pay really close attention to any earthquakes on the hayward fault because the last major earthquake we had was in 1868 and that was a 7. 0. That did kill 30 people. This was known as the great San Francisco earthquake until the one happened in 1906. So if you are up this morning, its a good time and a good reminder to make sure you do have a plan. As you start to feel some shaking, you want to make sure you drop, cover and hold as you are under some sturdy furniture like a stable table or desk. After the earthquake make sure that you and your family have a Meeting Place and this is of course something you arrange ahead of time. We Pay Attention to the small earthquakes because they could be a foreshock to a larger event. So we continue to monitor that and also see what else is going on around the bay area and get those reports from you. If you are in the indoors areas and you feel that shaking you want to make sure you stay away from windows, stay away from outside doors and walls and also do not use a doorway unless it is strongly supported, but we always do say get under some sturdy furniture, a table or a desk, and do not try to get outside, even though you may be frightened while that shaking is occurring. Go course now isni the time to mak sure you have your earthquake kit and also your family is prepared in the event that we do have a major earthquake, but thankfully no injuries or major damage reported. Of course, we will have more updates right here. Thank you very much, kari. Good reminder about that doorway, a lot of folks remember from the olden days we were told to stand in a doorway. Things are a little bit different right now. We want to check in with vianey arana also because she is watching for delays. Bart said they would have delays for sure, now were learning vta, too. In fact, they sent us a bit of a communication saying they are only expecting that minor delays also on those first initial morning commuters can expect to feel those minor delays. They are actually doing it for an earthquake what they called a routine inspection following that earthquake. So they are doing the same, theyre playing it on the safe side and also bart still expect to see major delays on those first two trains. They are running them rather slow because they are still checking for that visual inspection. As far as muni and caltrain we are still checking for delays, havent heard anything back as far as any impacts on that. As far as the roads, earthquake impacts, none and no major accidents to report at this hour. Thank you very much. Coming up, our breaking coverage of the earthquake continues, a 4. 5 quake hits the paris. We felt it all around and we are also bringing you the rest of the days headlines. Including a new addition for a california favorite, in and out burgers first new menu item in over a decade. The secret item. Computer flaw right in the chips as well. I will tell you what you need to do when today in the bay continues. Right now at 5 12 light rain continues after rounds of heavy rain moving into the bay area. We will still have this rain and potential of heavier downpours as we go into tonight and early tomorrow. I will have the timeline of this and what you can expect where you live coming up in five minutes. I continue to track any delays on mass transit following that earthquake near berkeley. Now, bart is still expecting some major delays due to earthquake track inspections. Vta also sent out a communication saying commuters can expect minor delays also due to earthquake inspections. I will have another update coming up in just a bit. Developing right now, a battle inside the Republican Party. President trump versus his former chief adviser, steve bannon. This is one to watch. A tell all book has the president fuming and of course reacting. Today in the bays tracie potts has new details overnight on how trump is fighting back. Reporter the book by michael wolf is called fire and fury and thats exactly how President Trump feels about it. Furious, disgusted would probably certainly fit. Reporter excerpts released early quote steve bannon going after the president and his family. Saying the russia investigation will, quote, crack don junior like an egg. Calling trump jr. s meeting with russians treasonist. Going after the president s son in an absolutely outrageous and unprecedented way. Reporter bannon was fired but still in the president s good graces three months ago. Steve has been a friend of mine for a long time. Reporter now in a statement the president said bannon lost his mind when he left. Overnight a letter from mr. Trumps lawyer claiming bannon violated his nondisclosure agreement. They want him to sees acease an desi desist. Lawmakers arent saying much at all. Um you know, thats between mr. Bannon and the president. I have a long standing policy of staying out of the battle of personalities in washington. Reporter some analysts think special Counsel Robert Mueller may want to hear more. What was bannon going to say . I was just making it up . Reporter explosive details from a former insider now up for debate as fact or fiction. Tracie potts, nbc news, washington. Happening today, a long time leader in San Francisco politics is expected to throw her hat into the ring in the race for mayor. Former board of supervisors well angela aliotto plans to file nomination papers later this morning at the department of elections. She is the latest big name seeking to finish out ed lees term. Lee died suddenly last month. Acting mayor london breed has talked about running, she has not filed papers. Among those considered to run former state lawmaker and supervisor mark lean know and district 6 supervisor january kim. Also the examiner reports dennis had a rare ra has pulled papers considering a run. Also today london breed says she will announce, quote, significant progress in the citys effort to end all traffic fatalities. We reported before on San Franciscos vision zero goal. The goal is to have zero deaths by the year 2024. We checked with the citys data overnight, 2017 saw only 17 deaths. So thats down from 30 in 2016 and down from 31 in 2015. It is 5 15 new this morning one of the south bays best known hotels is reportedly under new ownership. The mercury news reports san joses Fairmont Hotel was sold for close to 225 million. The purchase closed this week. The buyer is an east bay Holdings Group and the Group Selling the hotel includes former oakland as partner lou wolf. There is a high Tech Security problem to worry about this morning. Scott mcgrew, this one is in the chips. Yeah, right in the guts of your computer, kris. Its a newly discovered flaw in the main chip that runs computers and phones. There are actually two flaws, one that affects intel chips thats been nicknamed meltdown and another that affects all kinds of chips called inspector. Someone is having a good time naming those flaws. Microsoft and apple are promising a fix. You can update when the update comes. Shares in intel fell 3 on that news, down about a dollar and a half. Otherwise stocks continue to go you up and up. The dow, the nasdaq, the s p 500 record highs this morning. Nasdaq above 7,000. Shares in tesla suffering, though. That company said what we said it would say, its not making enough of the model 3s and they are not doing it fast enough. Keep in mind more than 400,000 people have plunked down 1,000 deposit to get a model 3. The company says it made just 1,500 cars in the last three months, thats a fraction of the number they promised over and over. The wall street journal says this morning the tesla news continues a long history of Company Forecasts poor enough to be construed as misleading. A bit of a bright spot, a couple guys managed to drive a tesla 3 crosscountry from new york to l. A. Over the christmas holiday. This is speed up video. I would hope so. 50 hours, 16 minutes, 32 seconds and they said it took about 100 worth of electricity to go coast to coast. Really . The real question is where did they find those chargers . Tesla has been putting rapid chargers along the way so thats part of it as well. You are able to do that. It does take a while, its not as fast as a gas fill up. I wouldnt drive crosscountry, period, but if i were i would use gas. I thought they would have to go, farmer john, can we borrow your outlet. Like the beginning of a joke, two electric car drivers walk up to a farmhouse, knock on the door thats good to see, though, because range has always been part of the conversation. New this morning thank you, scott a story that is creating big buzz among bay area burger aficionados, especially ones that love in and out. For the first time in 15 years the chain is adding a new item to its menu. Do you know what it is . It has nothing to do with burgers, its hot cocoa. What . Yes, if you know in and out you probably know the company sticks to what it does best, that means burgers, fries, shakes, thats it. Hot cocoa, though, not available at in and outs everywhere. So far we cant heard anything about animal style hot cocoa. Jodi hernandez tweeted she had her first test. It took me a minute to register. Oh, wait, thats different. That is. And thats not part of the secret menu which im finding out about. We had to school you on that. Yeah. As you head off early this morning getting ready to head out, maybe you will stopping by the in and out later today you may have rain falling especially in the north bay and San Francisco. We are continuing to monitor that earthquake which has been revised to 4. 4 earthquake, that happened at 2 39 this morning, woke a lot of people up early this morning with some rolling. We also have rain and gusty winds continue from that storm system that moved through yesterday. Some of the heaviest rain has shifted towards the sierra. This is a fairly warm storm so its not producing a lot of snow. We do still have light rain moving into parts of the bay area this morning. Once again, mostly over San Francisco over towards san rafael, that will continue to move farther off towards the north and east as we go through the next couple of hours. So looking at some of these rainfall totals, bodega bay had. 3 of an inch of rain. Healdsburg had about a tenth of an inch of rain and American Canyon had about two tenths of an inch of rain, about the same in napa, oakland measured threequarters of an inch there, thats really good, san jose almost half an inch of rain. San francisco about a tenth of inch of rain and moraga had almost an inch of rain there. We are seeing rainfall totals all over the place there. We do appreciate when you send in your rainfall gauges on twitter. We are starting to see light showers move through throughout the day. Most of the bay area will stay mostly dry as we look at the south bay, dont expect a lot of rain there, even some sunshine today while the rain will be off and on from san jose to point reyes. Late tonight into tomorrow morning there will be more rain moving in, the potential of heavier downpours and that will start to move off towards the south and east as a cold front sweeps through, clearing things out from the rain. Expect off and on showers between now and then and rainfall totals dont look that heavy for the south bay, but much higher for the north bay. There could be up to a half inch of rain. We will take a look at the rest of the forecast coming up in a few minutes. Vianey is tracking bart and vta delays. Riders, Pay Attention this morning, especially if baffert for the vta are your Early Morning commute. You can expect to see delays along bart and also vta due to routine earthquake inspections. Both r. Both are saying they havent reported any damage, they are just doing it on the side of safety. As far as muni and caltrain we have not seen any delays being reported at this hour which is great news. Make sure to check on our website or their website before you head out the door in case there are any changes to your route. As far as an overall look at the bay area on the roads we havent seen any major accidents or minor accidents to report, just a couple fenderbenders right now along 680 looks like one popped up there so i will check out that, but aside from that not much going on out on the roads. Back to you. Thank you very much, vianey. Coming up, the green rush here in california is having a big problem for law enforcement. We will show you how police are dealing with legal marijuana. Plus our laura garcia felt that quake, take a look at her tweet right there, she said i cant believe im not even working today. Earth decided to quake when im off. Laura, dont worry, im sure more breaking news to come when you return. 5 25 right now. Were back as we are following that earthquake. Up to 4. 5 this morning. Centered in berkeley. Seismograph look right here as you can see that jolt that shook a lot of people felt as far south as santa cruz we even heard, some people there talking about it. So certainly something we are keeping track here since we have been on the air since 4 00 this morning, early this morning. We started up a little bit early. We were awake anyway, right . We were. To continuing coverage now of our states socalled green rush, the Recreational Marijuana sale has been legal for less than a week now, but as the today shows Gadi Schwartz reports police are struggling to keep up with the law laws. Reporter good morning. Right now we are with the Los Angeles County sheriffs department, they just hit that dispensa dispensary, an illegal dispensary. They have hit bun across the street over here, one over there. They have people in custody, this err sorting out who works at this dispensary, who doesnt. Its part of the difficulties that they are now facing as the state of california has legalized marijuana, they are saying this does not mean that there are no rules when it comes to marijuana. There are rules as to who can distribute marijuana, who can poe degrees mshlg, how much marijuana they can possess. We will be going around with these deputies as they look for people that are driving and you the influence and busting dispensaries like this. We will have much more coming up on the today show. Also new this morning, the Powerball Jackpot is now americas eighth largest prize ever. No Winning Tickets were sold for last night in last nights drawing, the jajackpot jumps to million ahead of saturdays drawing. It still could go up and the interest goes up. The Mega Millions grand prize will be 418 million on friday so you could be a half billionaire. I like when no one wins, that means now i can play. Coming up, we continue to follow that breaking news, a quake that shakes the bay area, lots of people feeling it. Our coverage continues right after the break. The time now 5 27. Breaking news. An up to a magnitude 4 point5 earthquake three hours ago you might have been z. ved÷ awake. That epicenter was in berkeley as you can see rightpic there on your map. It could be felt far away, we felt it in sanun5cjose, people t it in richmond. Em o a look at this seismograp, you can see that jolt that shook bay area. San francisco, peoplesa;x in sa jose all saying that they felt that jolt early this morning. O s this9ap morning. O this is tz fro zzaleandro, ao well. Pu sr es as they went a little rocking this morning. 9wx no reports of major[c injury damage, so ourbs c digital mana editor said thatxy her homee  San Francisco she did see some in her building cracked andss÷ didinn some wear this morning. San leandro. .  p lyqa, called near the epicenter where that re damage at this time. Things off shelves or off of[c if you saw anythingg6m do tn in your social media post wed facebook,a a [xiuyinstagram. This bjmmorning. Kari hall is also watching6jrit iahp hc 6 rzz;9 a ÷ twitter this morning and its funny that thats the first resource that people go to. The rain but the possibility of future earthquakes coming up in just a few minutes. Thank you very much, kari. Bart workers are checking the tracks after this mornings earthquake. Today in the bays bob redell joining us from the Rockridge Bart station in oakland. Good morning, bob. Reporter good morning, marcus and kris. Bart actually was able to get Service Started at the normal 4 00 start time this morning, but they did have people out on the tracks inspecting for damage. They found no damage as a result, but they said you might see some delays this morning, delays of up to 20 minutes because those first trains out of the station this morning, they had their engineers driving slow so that their train operators could keep an eye on the rails to see if there was any damage that might have been missed during that preinspection. There is no reports of any damage, just something to think about if you are taking the bart this morning there could be some delays. Here are a couple commuters we caught up with who talked about their surprise jolt this morning. Got out of bed, dog scared to hell, checked around and it really didnt last that long. It was enough to wake you up. Checked the house, everything was in place and laid around until you calmed down and go back to bed. The whole family woke up, check to make sure everything was okay, no gas leaks or anything, then back to sleep. Were you surprised to hear afs only a 4. 4 or 4. 5 . Yes, i thought it was at least maybe a 6. Reporter this is video out of sfo taken this morning shortly after that 2 40 quake that was a magnitude 4. 4, 4. 5. You are looking at one of the air trains, the internal people mover within the airport. It was shut down just to make sure that the train wasnt damaged and no damage to the rails. As far as we know those air trains are back up and running. Reporting live here outside the Rockridge Bart station in oakland, bob redell today in the bay. I think if it was a 6. 0 dont you agree that guy would have been bump out of bed . All right. Thanks, bob. Reporter absolutely. The first thing that i did this morning when i woke up and felt this quake was i went to look out at my Swimming Pool to see if it was sloshing about. When i didnt see that water sloshing about i knew we were probably most likely in the 4. 0 range. We have trained marcus well in his time here in the bay area. Thing thing i did this morning. He was looking out at the pool. Thank you very much, bob. The quake was centered near the Claremont Hotel in berkeley so they were probably checking the pool there. Its a big one. An olympicsized pool there. We want to go to today in the bays pete suratos he is live there this morning. Pete, i know youve been showing us this morning just behind you a place where there is a lot of items that could have fallen off but everything looks good. Reporter yeah, thats right, marcus. We are here right across the street from the Claremont Hotel, near this storefront. We showed you that the store with glasses there, with books there, nothing fell over as a result of the earthquake. Of course, because we are talking about a 4. 4 earthquake, at least i think thats the latest numbers that we have. Right now we are standing in front of this petes coffee where we talked to some people and we will get to that in a moment, but first i want to show you guys that video from san leandro. This is at one of the safeways in san leandro following that earthquake, someone tweeted out this video, you see it looks like maybe mouthwash, Different Things notice aisle, even a bottle of lotion may have tipped over there as a result of the earthquake. I did get a chance to speak to someone inside of this petes coffee not too long ago, it was a worker who was heading inside. She lives in the oakland area, she says she felt that earthquake, had a chance to talk to her. Here is what she had to say. I was asleep because i wasnt sleeping very well anyway, but i heard it from my parents room, maybe the other end of the house and then saw my door shake and my mirror shake and then it passed right through. Reporter so like many of us that work this morning shift she was just getting up for work and thats when she felt this earthquake, but at least here in claremont at the epicenter of where the earthquake started we are not seeing any significant damage or damage at all. Of course, we will talk to more people who are heading into this coffee shop to get an idea of what they felt this morning. We will have more of that in the next hour. Were live in berkeley, pete suratos for today in the bay. Right now people have been responding to the earthquake through facebook and twitter and weve gotten thousands of comments. We want to take a look at some of them right now. You can see michelle said, yep, jumped right on facebook to make sure that a quake make sure a quake and not a dream. I felt the same way this morning because i could feel it and im like, okay, was that an earthquake or did i just hear something . Jennifer says that her heart is still pounding out of her chest. She had to peel the cat off her ceiling. My dog just looked at me, i thought he had jumped on the bed but he was already there. This one right here you can say that was the hardest one i felt since 1989. Wow. Well, we have had other ones but the thing is that sometimes you dont feel them. The napa earthquake was stronger than this one, but i live in the south bay and i did not feel that one until i got the phone call from the bosses saying, youve got to get in. I have a friend who used to live there at that time was telling me about how the tvs were swaying. Thats one thing i was looking for was it swaying this morning, it wasnt and i went out to the pool and saw just a little activity. You have to get those straps and secure big items. We always say did you feel it, the next question is are you ready for the next one. Kari hall, youve been talking about that. Right. Yeah, now is the time to make sure you are prepared even though that was a small quake it is a good reminder you do want to make sure you are prepared for anything that may happen. We Pay Attention to each the small quakes that happen on the hayward fault because the last major earthquake we had on the hayward fault was october 21st, 1868. That was a long time ago. We are overdue for a major earthquake and the potential of this just being a foreshock does exist. We are going to make sure that you are prepared in case there is something a little bit more strong that could happen later on today and you want to make sure you do have a plan. So make sure you drop, cover or hold and also make sure youre getting under some sturdy furniture, a desk or a table. After the quake make sure your family has a Meeting Place and of course thats something that you do arrange ahead of time. If you are indoors make sure that you are under that furniture as we talked about, stay away from the windows, outside doors and walls and do not use a doorway unless it is strongly supported. Also we do have that high danger of people trying to run outside during the middle of the quake, even though you are trite pd, make sure you get under that furniture and do not try to get outside while its shaking, that is actually when a lot of those injuries do occur. As we go throughout the day more people getting up, out and about, if you are outside make sure you stay outside, move away from any buildings and also once you are out in the open stay there until that shaking stops and most injuries once again, as we talked about, are caused by falling debris or people trying to run outside during the middle of the quake. Just a heads up there. Also a good time to make sure you have your earthquake kit and you are prepared for anything that happens in the future. We will talk about our weather and whats ahead as that rain moves out of the bay area for now and a look at that is just coming up in a few minutes. Vianey, whats happening on the roads . Well, i do have an update on the bart delays. Bart recently just tweeted that they no longer are expecting any delays, the inspections have been completed at this time, everything seems to be back to normal on bart. As far as muni, never saw any delays to begin with. Vta still expecting minor delays due to the routine earthquake inspection and caltrain no delays to report at this hour. As far as the rest of the bay area, we are keeping a close eye on the roads as well. I do have a crash to report right at the summit it looks like two cars may be blocking some lanes northbound 17. We are seeing a little slowing in that area, we could see more buildup as that traffic starts to roll in during the 6 00 a. M. Hour. I will send things back to you. Thank you very much, vianey. Coming up our coverage of the earthquake up to a 4. 5 continues this morning. A whole lot of shaking going on in washington as well. A lot of infighting within the trump administration. It is 5 43 on this thursday morning. Waking up to some wet roads after a round of some heavy rain that happened yesterday evening. Still some light showers moving through San Francisco into parts of marin county. As we go to the south bay, a live look outside and our temperatures trend for campbell starting out in the mid 50s, rising today into the mid 60s. Rain holds off for a little while longer but there is more on the way. A look at the timeline coming up in about five minutes. And an update on the bart delays. Bart tweeting out all track inspections have been completed, no delays to report. It looks like service is back to normal. Vta still expecting minor delays. I will have an update on that coming up in just a bit. In other news this morning bart police are still trying to find answers after a shooting incident last night led to a second shooting, that one involving bart police and in that one one man died. It all happened outside a barber shop across the street from the west oakland bart station. Witnesses say one man shot another man in the leg and arriving officers broke up the shooting, but shot the man who fired initially. The one person says she understands why police have to use deadly force but wishes it hadnt been deadly. I feel like they undertrain and they should be able to get trained a little bit better so that they could do what they need to do in order not to take a persons life. Investigators are still not confirming that an officer is actually the one who fired the fatal shot. Oakland police plan to interview the bart Police Officer as well. An update right now, the search continues for the man accused of sexual assaulting and robbing a teacher inside her own classroom. We were telling you about this story yesterday and the situation that happened at harker middle school. This is in san jose. Police are still asking for the publics help in identifying the man. This is Surveillance Video and if you would like to look at this again and again just to see if you know who that is you can go to our website nbcbayarea. Com. The new years resolution a lot of folks have is to give up smoking. In this case it is a resolution made by one of the worlds leading producers of tobacco. Phillip Morris International is launching a new campaign not announcing a plan to smoke, but a plan to, quote, give up cigarettes. The producer of brands including marlboro and chesterfield says it is its ambition to build a smokefree feature and replace traditional cigarettes with alternatives like ecigarettes. They do not indicate any kind of timetable. Overnight we did look closer at the declining numbers of smokers in california and the most recent report from the department of Public Health indicates that cigarette use among adults has declined 51 since 1988 and that represents a drop of more than 3 million smokers. As of 2014 about 11 of california adults smoke. 5 46. New this morning, a first of its kind honor anywhere for a south bay animal shelter. The Humane Society Silicon Valley in milpitas is receiving the first ever award for being a model shelter. Uc davis is handing out the award being a model shelter means following the strict guidelines set, more than 500 new guidelines devised by association of shelter veterinarians. Shelter leaders are thrilled to be receiving this honer this is all about saving more lives. In addition its all about setting a standard of excellence we hope will inspire other shelters all across the country that they will want to step up and follow in our foot steps. The new guidelines are meant to regulate the welfare and care of Shelter Animals and were devised because there are no federal guidelines in place. That event takes place at 10 30 this morning. New details now on this happy story that we brought to you on new years day. We told you about one of the first bay area babies born and now the little guy has a name. He is ryan powell dominguez, he was born two minutes after midnight on january 1st at ucsf mission bay. He came in at 6 pounds, 10 ounces. Mom Samantha Powell is a psychiatric, Martin Dominguez is a cardiology fellow at ucsf. They did move to San Francisco from the philadelphia area about a year ago, but now they can say they have a bay area native. Congratulations, ryan. A fallout between friends a turning into a disaster for the white house. Scott mcgrew, the president demanding steve bannon keep quiet. Thats right, in fact, one of trumps lawyers has sent out a letter threatening legal action against bannon. Bannon has reportedly said the president s son and president s soninlaw may have committed treason when they met with russians at trump tower during the campaign. We know this meeting happened because donald trump admitted to it and incredibly even his son released emails about it, saying he was eager to hear about the dirt that russians had on hillary clinton. The president fired back on wednesday with a statement, steve bannon has nothing to do with me or my presidency. When he was fired, he not only lost his job, he lost his mind. The official statement much longer. We have the full statement at nbcbayarea. Com. Now, steve bannon has nothing to do with the Trump Presidency is flat out ridiculous. He was the ceo of the president s campaign, chief strategist and the president even put him on the National Security council even though people urged him not to. Thats bannon right there in the oval office. Bannon promised a revolution inside the Republican Party using trump as the revolutions leader and that happened, and then bannon promised a revolution inside the revolution with candidates like roy moore and thats come true, too. In the middle of all this trumps former Campaign Manager Paul Manafort who is facing criminal charges for Money Laundering has sued the special Counsel Robert Mueller and the doj saying mueller went too far in the investigation and that manaforts money issues are beyond the scope of the special prosecutors investigation. We dont know whats actually going inside that investigation. Reports that he has asked for the president s bank records dating back before he was a candidate indicates the investigation into trump and his colleagues is very wide indeed. We continue to watch this quickly developing news story coming out of washington, we are covering it on twitter as well, follow me on scottmcgrew. How good is steph curry . Add this to his legacy, a gorgeous threepointer. Weve seen many of those before. Three seconds before the buzzer right there breaking the tie last night in dallas against the mavericks. Curry led all scores with 32 points and the dubs have won their second straight since he returned from ankle surgery. Look at that. Yeah, so he doesnt even do it toeing the threepoint line. Those gorgeous shots, he is known for them now. Look at that. Marcus, you have to go to a game. Marcus hasnt been to a game yet. You have to get to a game. Is that your Christmas Gift . Big spender, right . Him month. I will drive by oracle. Right. Thats about all i can driving by oracle. J getting up and 8sdw 3ciq1oqip r t hahp hc qa4 ;5 still et and we dot÷n have light rain falling. A lot ofp,atc u . R bt green ove thats the rain that we had yesterday evening that has since moved off towards the east. We are gettin1nc cagol5i anoth bay area, the sevenday forecast uzbceeuaz of th screen.  and check it out as you make v;tin light rain toi rafael over towards parts of sonoma ]qdxla a light shower. C rntd. G uati low to mid 50s as you get ready high temperatures today up to 66 degrees in uj ki64 in livermore, qstat1e÷65 in san jon high of 60 n ns]jndegrees. As we get started this morning soggy morning. ahp hc have on a hat. Its not going to be a good hair day. More comfortable. Light long sleeves and boots puddles that you will havecjnd step through after all that rain hahp hc falling. iah have some light showers possible throughout thebe day, especiall h were not expecting much more rain for the south bay today as llsw ea 8 some heavier downpours coming up a bay area jail facing a new lawsuit. The reason pregnant inmates say they are being treated unfairly. But first happening now. We continue staying on top of that breaking news a 4. 5 magnitude earthquake in berkeley early this morning. Our newsroom continues work the phones to ask about any phones to ask about any damage. So far, we not hearing about anything. But we d like to hear from you. Reach out to us on our facebook or our twitter pages to tell us about what you experienced. Also this morning cadbury is making a limited number of White Chocolate versions of its popular easter creme egg, adding a cash prize for those who find them. The company says it will make a small batch of between 350 and 400 white eggs, for sale until easter sunday. We re back in two minutes. Stay on top of this morning. A four point five magnitude earthquake rattled the bay area overnight. It was centered near berkeley we re going to have Team Coverage on this coming up in just a few minutes. New this morning. Two bay area civil rights attorneys apparently plan to new this morning, two bay area civil rights attorneys apparently plan to announce a federal lawsuit against alameda county, this is tied to the treatment of pregnant inmates. Workers are accused of mistreatment at santa rita jail. The county has not commented on this. A News Conference is scheduled for today at 11 00 a. M. One of the inmates who deputies say escaped from the palo alto courthouse last year will be in court today. John bivins could enter a plea today. He was caught back in november in san leandro about three weeks after he and another inmate bolted from the courthouse. The second inmate tramel mcclue was arrested in stockton before that. Both men originally were arrested for robbing a verizon store. A new warning about a ask a m in the south bay. Businesses have been targeted by a serial con man. This is video of him in action. Take a look at this cafe in morgan hill. The owner was so furious about being conned that she posted her experience on facebook. It turns out other businesses between morgan hill and gilroy have been scammed as well. The man calls himself a Property Developer and says that his truck engine just blew, he asks for 250 to tow his truck and promises to come right back but theres one big problem puts his hand out and shakes your hand, you know, you trust him. I will come right back, i will be right back, call my number, i will be right back, i will promise. That promise didnt mean anything. Police in morgan hill are just learning about the scam and they say they have now launched and investigation. Right before 6 00 right now, we continue our breaking coverage and up to a magnitude 4. 5 earthquake rattling the bay area overnight. We have live Team Coverage around the bay area as new images continue to fill our social media feeds. And though the shaking is long over, this morning the commute briefly impacted this morning. What you can expect as you head out the door. Today in the bay starts right now. Good morning, and thank you for joining us. Im marcus washington. And im kris sanchez im in for laura garcia today. We want to get straight to the breaking news we have been bringing to you since we first broke in at 3 00 this morning. Much of the bay area jolted awake after that earthquake struck around 2 30 this morning. The epicenter near burerkeley. We want to begin with meteorologist kari hall for a closer look at the magnitude of this quake. It was a 4. 5 magnitude earthquake. Some of the initial estimates were that it was a 4. 7, but now brought down to a 4. 5. Still a minor earthquake that caused quite a bit of rattled nerves early this morning at 2 39 as it happened just to the east of berkeley. We also had another earthquake that occurred about an hour later in cupertino, a 2. 6, so a lot of people are feeling that shaking this morning. We did have a lot of responses f

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