coming up on 5:00. we want to check in with meteorologist christina loren and get you started with your hour-by-hour forecast. >> good morning to you. it is a chilly hour to start you out at 5:00 a.m. this morning. 33 degrees at livermore right now, 31 up in santa rosa and temperatures are going to continue to dip as we head closer to sunrise. that's the coldest point of the day. right now that checks in right around 7:25. 50 degrees by noon. temperaturewise it's going to be a pretty nice day. we're going to have to warm up as we head between noon and 5:00 p.m. when the sun will really be out in full force. 55 degrees in fremont. we have your forecast coming up. the stretch of dry weather lasts even longer. we'll let you know how long. also christina is going to mention freezing frost which may be an issue as you're driving across the carquinez or benicia bridges. fog advisory, dense fog heading towards sacramento but the carquinez and benicia bridges do

not have that dense fog advisory. you might see that drifting through the area. the approach to the maze not a problem. we'll watch as folks pick up on the commute because we saw good congestion yesterday and some pretty big accidents as well. watching for similar flow today. back to you. if your child's school must now mind its ps and qs when it comes to asking for donations. bob redell is live this morning in san jose to explain what's going on. bob? >> reporter: well, good morning to you, brent. because of the financial crisis, many schools have lately been asking moms and dads to help pay for school supplies, uniforms for sporting activities, field trips, that sort of thing, which is fine as long as the request is voluntary. it becomes a problem when the school requires this of parents. that's why the state is now asking school district throughout california and here in the bay area to review their policies, to make sure that those schools are complying with the law, not forcing parents to

dig into their wallets. the aclu recently sued the state because of instances in which students were humiliated in front of their classrooms for not paying required fees. the argument being that's unconstitutional since school is supposed to be free in this country. now, the state has settled, and as a result school districts who violate this decades-old law might now have to reimburse parents charged illegal fees or face a fine. parent now also have 30 days to protest fees. and moms and dads should soon be receiving notice about their rights with regard to this. now again, schools can still ask for help in paying for things like textbooks, novels, science lab fees, that sort of thing, but as long as it's voluntary. it really does put schools in a tight spot because as we are well aware, times are tight for schools with budget cuts that, sort of thing, so they're in a darned if you do, darned if you don't situation and it could end up there may be some programs

cut as a result. reporting live here in san jose, bob redell, "today in the bay." bay area police are looking for possible victims of a former church group leader accused of child molestation. the man was a former church group leader who was around a lot of children. robe robert klatt was arrested a week ago. offices say he molested two junior high school boys. he was a youth minister at a san jose church and had access to a lot of kids inside the church. police are worried there are a number of other victims out there. he is still in las vegas this morning and we do not know when he will be supra indicted to san jose. a warning for people on a bay area college campus. police are looking for a man who grabbed a stanford student while she was walking across school grounds. it happened just before 7:00 monday evening when a man came

up behind the student. they say he grabbed her and she fought back, trying to bite him, when he put his hand over her mouth. the man ran away. stanford police are encouraging students to walk in pairs, carry a cell phone and use suggested routes when they're getting across campus. new this morning, a tragic end to the search for an injured motorcyclist who called 911 for help. chp says they found the body of a santa rosa man last night. around 3:00 yesterday the man called in to say he fell off a cliff in sonoma county. he told the dispatcher he was south of the historic park but couldn't give an exact location. rescuers searched for six hours before finding his body. the man's identity has not been released. it looks like gavin newsom is going to stay mayor of san francisco for foreseeable future. he wants to know who is going to take over the city before he moves to sacramento. the board of supervisors can't figure out what to do.

they held several rounds of voting yesterday but could not come up with the majority they need to elect an interim mayor. they will meet friday to try again. the "san francisco chronicle" reports the board already has a mayor in mind and are waiting for that person to get back into town. the paper says city administrator ed lee has enough votes to be picked but he's in hong kong and some of the supervisors don't want to vote without talking to him first. he had said he didn't really want the job but he would serve if he had to. if elected, he would be the first chinese-american mayor in san francisco history. soon it could cost business disz and residents more than 20% more to get rid of their trash and recyclables. the city council is getting set to vote on the rate hike but people there can fight it. marla tellez is live to explain now. >> reporter: good morning to you, laura. yes, a typical rate increase for garbage collection is about 10%. well, as early as next week

people living in redwood city could be paying 18% more if the city council here approves this rate hike. now, as you mentioned, it's not just for trash pickup but also for recyclables. and the rate hike would also affect businesses. you can blame the potential 18% rate hike on new collective bargaining agreements for waste collection workers that were reached last year and the need to pay off almost an $11 million debt owed to allied waste, the previous service provider. now, on average the rate hike would mean an extra $2 to $3 a month for the average homeowner. now, there is a way to fight this. according to city officials, if enough letters of protest are submitted to the city by monday night, by law the city council cannot increase the rates the. now, monday is the deadline because that's when the city council is set to vote on this issue. and if in fact they vote in favor, the 18% garbage rate increase would take effect next tuesday, the 11th. reporting live in redwood city,

marla tellez, "today in the bay." a former medical marijuana dispensary owner is heading to prison today, but not on drug charges. the drug enforcement agency raided the san francisco pot club back in 2005. all the drug charges were dropped, but he still faces tax evasion charges. investigators say that he failed to pay his federal taxes but he says that's because federal law does not support california's medical cannabis industry. he could spend two years in prison, which will take him away from his young son. >> i'm glad that he's young but i want him to know me, i want him to know me as a daddy not just some guy that came up when he's two. >> medical marijuana advocates say it's time for the federal government to talk about rules for operators in states where marijuana is legal. the medical cannabis industry union says several members in congress have asked the irs for a sensible tax policy for the

legal cannabis industry. it is 5:07 right now. san francisco taxicabs may finally increase meter rates for the first time in eight years. san francisco municipal transportation agency agreed to consider an increase after hearing cab drivers' testimony during yesterday's meeting. cab drivers pay $104 to rent out their car for every shift. any money they make beyond that goes into their own pocket, but many drivers claim it isn't enough. cabs from the city charge $2.25 per mile and 45 cents for every minute stuck in traffic. the average cost for a cab ride in the city is about $16. the time is 5:08. if you're getting out and about, we want to check in with mike inouye. one of the issues is fog. >> definitely an issue especially in the north bay and if you're heading to the central valley. the south bay also had an issue yesterday but it wasn't really fog, it was the amount of folks back from the new year's holiday. 101, 280 and 87 all showed slowing as well as 85 and 680. there were a few accidents as

well that comes with more traffic on the roadway. the peninsula off of highway 92 saw slowing through san mateo. right now a look at the san mateo bridge shows a clear view across the span and 92 doesn't show any fog but there is fog throughout much of the bay area and that will be appear issue later on in the morning as well. >> let's check in with christina and see when it might clear. >> we're looking at 10:00 a.m. for the north bay. if you're trying to get into southern california, even headed up to sacramento today, just count on foggy conditions. very dangerous driving conditions through there with visibilities reduced to less than a quarter of a mile for almost the entire stretch of i-5 between bakersfield all the way up to yuba city this morning. it's moving very, very slow. keep that in mind. we're looking pretty good along the peninsula. we don't have a lot of fog developing in the peninsula or the south bay. the east bay, we do have fog and also pretty dense fog up in the north bay as well as freezing conditions. so the factor of freezing fog will be the case until 10:00

a.m. up there. you really want to take it easy. we could see fog freezing on the actual highway. make sure you have your defrosters on so that stent happen to your windshield. less than a quarter of a mile in santa rosa and novato. looking pretty clear in the south and the east bay, but this is what you can count on until 10:00 a.m. a dense fog advisory in place for all of solano county. then temperatures will gradually rise. the sun will be back out. not quite as much as yesterday but still pretty good. then as you head home from work right around 5:00 p.m., we'll see all that haze start to lift up into the atmosphere. 58 degrees today. we've got your extended forecast coming up. stay tuned for that. >> thank you very much. it's 5:10. tom cable is out as head coach of the raiders and we will bring you this morning's newest developments coming up in a live report. plus a religious symbol deemed unconstitutional even though it's part of a california memorial. we'll tell you what's behind the court's decision.

and catching cheaters. how one country is helping people find out if their significant other is two-timing. taking a live look outside this time from the south bay. clearing skies, no rain in sight. gives you a chance to get out there and maybe keep that new year's resolution, a little exercise in the fresh air. it's 5:11 right now. mary! hey! wo you look great! thanks! it's this new wish yourself thin pgram. i just wish it and it happens. it's probably those fiber one bars you're eating. i know they help me stick to my diet. the bars are 90 calories and the fiber helps you feel full. 90 calories and high fiber. so that's why this diet thing is working. but it's weird because my wish for lorenzo came true. [ male announcer ] fiber one 90 calorie bars. hungry no. results yes.

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welcome back, everybody. a live look at a shot across the golden gate bridge this morning. not too foggy right there. we can see pretty far across the span, but in some places, especially more inland, you'll see dense fog. we'll be checking that, your forecast and your commute coming up in a few minutes. it's 5:14 right now. a cross deemed unconstitutional must change or come down. federal appeals court says the cross, which is located on public property, constitutes a government endorsement of religion. tuesday's unanimous ruling ends a 20-year legal dispute. the cross sits on top of mt. soledad in san diego. it was erected in 1954 in honor of korean war veterans. the court did not order the removal of the cross. it could be altered to pass constitutional requirements. o.j. simpson's co-defendant in a 2007 las vegas armed robbery and kidnapping case is

set free this morning, sort of. clarence stewart will be on house arrest for the next nine months. stewart struck a deal with prosecutors. he entered a plea to robbery and conspiracy. that means he didn't admit guilt, but did admit prosecutors could prove their case. in october a nevada supreme court ruled stewart did not get a fair trial because of simpson's notoriety. you get to hold on to your money a little bit longer before handing it over to uncle sam this year. taxes are going to be due on monday, april 18th. that's three days later than the traditional april 15th deadline. the bonus days come thanks to emancipation day, the holiday that celebrates the freeing of slaves. under the tax code, filing cannot fall on saturdays, sundays or holidays. the last time an extension was granted for a holiday was back in 2007. that big facebook investment may turn into a big investigation. scott mcgrew joins us with

business news. >> reporter: the "wall street journal" the reports the securities and exchange commission is looking into the way goldman sachs is investing in facebook. now, as we've reported, goldman will take facebook shares it bought and sell them to its own customers. the way this deal is structured, it could skirt law that say come into effect when a private company has more than a certain number of investors. the concern is the way facebook and goldman are doing this, other companies might copy it and make these regulations irrelevant. earlier this week goldman sachs bought a piece of facebook for nearly a half billion dollars. oil prices down slightly this morning. we're keeping our eye on a barrel of crude, near 100 bucks. that means gas prices around $3.30 in the bay area. two years ago oil prices spiraled out of control, $100 a barrel action even more, giving us gas prices more than $4. just a few seconds ago,

qualcomm, down in san diego, said they would pay $3.2 billion for atheros in santa clara. they make chips very similar to qualcomm. so $3.2 billion in cash for a santa clara company just a few seconds ago. 5:17 right now. another bay area team looking for a new head coach this morning. tom cable is out. christie smith is live in oakland with what's next for the raiders. good morning. >> reporter: good morning to you. well, the raiders certainly know this play well. they're looking for their sixth coach since jon gruden packed his bags for tampa bay after the 2001 season. can you even name them all? this after they let tom cable know he would not be coming back, even though he led the silver and black to their best record in eight years this season. the team released a statement saying the raiders express gratitude to tom cable for his contributions in four seasons as an assistant and as a head coach. cable, of course, had strong support from the players, but

apparently it wasn't enough for owner al davis. even this morning our "today in the bay" facebook page is hearing from the raider nation out there that they don't like this decision at all, they like tom cable and they think letting him go now is just bad form. and to be a fly on the wall in that locker room should be interesting. there are all kinds of predictions from sports writers of distrust and disbelief from players who will have to get behind someone new very soon. offensive coordinator hugh jackson is believed to be the top pick to replace cable. that's the latest from here. reporting live in oakland, christie smith, "today in the bay." >> thank you very much. china will soon have massive marriage database solely for the purpose of catching cheating spouses. china says exploding wealth has created a culture of secret mistresses and second wives. to curb the trend, they're putting up a marriage database that people can log onto and check to see if a lover is

married. the system goes online in beijing and shanghai this year. they hope to have records for all of china online by 2015. bigamy is illegal in china. drivers in the south bay may be in for a few bumps in the road today. there were potholes along major roadways. monterey road is more like a mine field for car tires and shocks. crews are expected to be working there starting today. caltrans says the days after storms are often the busiest for road workers and could also be the slowest of drivers because of some lane closures. it's 5:19. we had some troubles like that yesterday, big potholes in the east bay. >> your usual suspect or one of them on the overcrossing at high street. we had that big problem from about 9:00 through 3:30 yesterday morning. then time for the evening commute they repaired that work, had your lanes three and four, your two right lanes were blocked through the area. so far this morning no problems reported for the nimitz freeway,

but again that's a great note as you're traveling through the area. watch for those caltrans crews throughout the day. we're looking at the east shore freeway, just an 18-minute drive. for problems for the caldecott tunnel. we'll show you the toll plaza. early this morning, just about 4:45, i saw a little slowing right here at the toll plaza. these cash lanes. the last couple of days we've seen between 5:thert a30 and 6: cash lanes back up but right now there's no major issues. we'll show you where there is slowing expected this morning definitely in about another 10 to 15 minutes. we'll see westbound highway 4 through antioch, where you see the 65, yesterday speeds got below 10 miles per hour at the peak of the commute. but the flow through livermore wasn't so bad, about a 20-minute drive at its worst. heading eastbound through the central valley, a big note, a lot of fog there so deep that in mind if you're heading towards sacramento or i-5 or highway 99 a problem.

a look at the golden gate bridge where sometimes we see a lot of fog. not so much this morning but further north there is dense fog. in fact christina is talking about something called freezing fog. she'll have her forecast coming up. disabling air bags. check engine lights will come on. the car will run funny, will shift funny. depends on what they chew through. >> infested. we'll tell you how the winter oreffect in one california city making things dangerous for drivers. [ male announcer ] 95% of all americans aren't getting enough whole grain. but actually, it's easier than you think, because general mills big g line of cereals is america's number one source of whole grain at breakfast. there's whole grain in every box... ♪ ...from chex... to cheerios... to lucky charms. so you can get the whole grain you want with the taste you love. get started on the whole grain you're missing with your favorite big g cereals.

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good morning to you. make sure you bundle up before heading out, but make sure you dress in layers because it's going to warm up nicely. temperatures this morning a little bit cooler than at this time yesterday morning. we're actually going to drop off a couple more degrees before we hit our lows for this morning. they usually register just after sunrise. 33 degrees in livermore, it's chilly up there. 32 in santa rosa. we're also dealing with a situation that we don't typically have, freezing fog. a lot of moisture left over from the system that passed through over the weekend. we have high pressure building in. as a result, it compresses all that moisture so you have fog. very low visibilities right now in the north bay. less than a quarter of a mile in santa rosa and novato. looking pretty good along the pain and into the south bay but there is a possibility of more

dense fog developing before we hit sunrise. also if you're going to be headed into the san joaquin valley, sacramento valley, give yourself extra time. really low visibility all throughout the entire valley. that's 350 miles really socked in this morning. probably after 10:00 a.m. you'll be a lot safer on that stretch of the highway, 99 or 5. a low-pressure system will pull in a few more clouds today so it's not going to be as sunny, not as brilliant when it comes to the sunshine, but still staying mild by noon. you'll peel off that first layer of 49 degrees in fremont and then by 5:00 p.m., temperatures gradually rising up into the upper 50s. 58 degrees today in san jose. we'll let you know how long this fair weather will stick around. back to you guys. >> well, you know, christina, they say there are plenty of fish in the sea but none more expensive than one giant tuna after selling today in tokyo for almost $400,000. the 800-pound blue fin tuna sold

for the highest price ever paid for a fish since record keeping began 12 years ago. it translates to more than $500 per pound. the tokyo restaurant split the cost. japan supplies more than half of the world's blue fin tuna. all the rain in southern california has blot an unsettling nuisance for car owners. mechanics are seeing a flood of cars being damaged by rats. the vermin are looking for warm, dry places to hide and car engines seem to be a pretty good place. many car owners don't even know the rats are there until they try to start their car. >> they go no, no, no. i park my car in the garage. no, we don't have any rat problems. something of that nature. it ends up, i go, pop the hood. i look underneath. little rat droppings on there, its feet pripnts and it ends up being rat damage. >> rats. they can disable air bags, chew through seat belts, gnaw hoses

and cause coolant to leak. we've had lots of rain here as well, so drivers should check under the hood for rats or evidence of them. i have heard of people who have had that happen before. we've got little rats in the back seat? there's a difference. 5:27 right now. european soccer team protesting in the middle of a game, kneeling down and not moving. we'll show you the video and explain why they did it. and once the most popular game in social networking, farmville is now knocked down to the number two spot. we'll tell you what's number one. plus the shakeup at niners headquarters could trickle down to stanford. we'll tell you the latest possible move of jim harbaugh.

new this morning, our new governor has some dramatic plans to reduce the state's budget deficit. that could mean no new stadium in oakland for the oakland as. i'm christie smith. we'll explain coming up. and a live look outside this morning. you can see the bay bridge in the distance there, but the camera shaking. we might have a little wind moving through. we'll check your forecast coming up on "today in the bay." from nbc bay area, reporting what matters to you, this is "today in the bay." good morning, everybody. thanks for joining us. i'm brent cannon. >> and i'm laura garcia-cannon. let's get started with a quick look at the forecast. >> good morning. if you enjoyed yesterday, we've got another beautiful day on tap. we'll have to get through some fog and some frost this morning. 32 degrees right now in gilroy. you're right at freezing, a

little bit cooler in some of the outlying areas this morning. i think we'll end up in the 20s. 30 degrees right now in fairfield. you're looking at a low of 28 degrees. as we head through noon as you head out for lunch, it's going to be a little warmer, around 51 in oakland. by 5:00 p.m. tonight really comfortable conditions, lots of sunshine, 59 degrees is your forecasted high. another beautiful day but a cold start, guys. >> thank you very much. 5:31 right now. it was a murder that shocked many communities on the peninsula. an ex-convict who had turned his life around gunned down this summer at a local mall. now we're getting a look into the defense for the man who turned himself in. marla tellez is live outside the court house with the latest developments for us. good morning, marla. >> reporter: laura, it was back in june that david lewis of east palo alto was shot to death as he was getting out of his car at the hillsdale shopping center in san mateo. for more than six months, police didn't have any leads on a

suspect. that was until december 18th, when they received a phone call from 58-year-old gregory elarm, an acquaintance of lewis. now, police say he acknowledged his involvement in the crime. yesterday he was here in a redwood city courtroom where he pleaded not guilty to a murder charge that carries a special circumstance allegation that he lay in wait, which essentially means he was waiting for lewis to arrive at the mall that day back in june. now, the charge does carry the possibility of the death penalty if convicted. now, 54-year-old david lewis was a drug abuse counselor, described by his peers as a model citizen who had once served time and only wanted to help others in his situation. elarm is being held without bail and they still don't have a motive for lewis's murder. reporting live in redwood city, marla tellez, "today in the bay." a wild sdmecene in east oakd as six people were shot,

including an innocent bystander. officers received reports of gunfire just after 9:30 last night. ethey found wubullet casings al over the ground and one victim was in his living room when a stray bullet hit him in the back. one walked up to officers with a wounded leg. witnesses saw two shooters in a car. police dogs are trained to help officers take down criminals but in this case it was a family pet that was attacked and killed in brentwood. san leandro police dog and his handler are under investigation after the dog attacked and killed a 6-year-old finish spitz the day after christmas. the police dog was walking with a handler's wife and other family members. the owner of the small dog that was killed said it could have been avoided. >> she just started yelling, i can't control him, i can't control him. the next thing i know, the dog is pretty much right on top of

chloe. >> the owner of the off duty police dog paid close to $2,000 in medical bills. we talked with a lieutenant at the san leandro police department and he said there are rules that exist when it comes to carriage for police dogs in their home environment but couldn't say more because the case is still under investigation. the dog and his owner are both working. police are seeing a spike in baby formula thefts in tracy. in two cases the suspects were actually caught. thieves are not sure why formula is being taken, but they say it can be used to cut drugs such as cocaine. the economy may also be a factor. formula is expensive so thieves could be reselling it. in some states baby formula is actually kept behind store counters. some lawrence livermore lab retirees are spending their golden years in court. four retirees are battling to protect their retirement health benefits. they're suing the university of

california, saying the university ran the lab and they were told uc would provide retiree health benefits. in 2007 a new company took over the lab and they were transferred to a new system with new management. the new company says coverage could be changed or terminated at any time. it looks more likely the oakland as will not get a new stadium in their home city. there may be no money under the new governor who has a no frills budget. christie smith is live to explain what's going on. >> reporter: good morning to you. i think this budget is no frills. just last month the oakland city council approved about $750,000 for an environmental study on a new ballpark for the as over near jack london square. well, now it looks like we may never even see a brick in place for that 39,000-feet stadium at victory square is what they were calling it. the project needs $100 million in redevelopment money for land

upgrades plus $450 million for the ballpark itself. but as part of his plan to reduce the state's massive $25 billion budget deficit, governor jerry brown wants to do away with local redevelopment agencies as a cost-cutting measure. now, as owner has been seriously considering a stadium in san jose. will brown's plans impact that? well, for now that part of it is unclear but at least for victory square, it's a no-go. reporting live in oakland, christie smith, "today in the bay." the harbor watch continues this morning. jim harbaugh is back in the bay area after his orange bowl glory. sources tell raj mathai harbaugh ileaving. the stanford head coach is believed to be the 49ers first choice. he's also said to be talking to the miami dolphins. the move bite niners could happen any day now.

jed york has hired a general manager, trent balke. he's worked six years, most recently as their players personnel director. the first order of business is to find that head coach. 5:37. our first order of business is to check in with mike and find the best way to get to work. >> in castro valley we had earlier reports of a water main break. sounds dramatic but there's only three or four inches of water across castro valley boulevard. even though it's off 580, castro valley boulevard goes underneath the freeway at that point. if you're heading over towards the castro valley y, you might see some lights because there are some crews just making sure that traffic flows smoothly. but all lanes are open for castro valley boulevard underneath the freeway and the off ramps are also open. that is a nice flow of traffic off the dublin interchange. the bay bridge, nice look at the upper deck where traffic is starting to pick up and the

volume heading out of oakland into san francisco with those headlights. top of the screen there's a dark band, low clouds impeding our view there. not a problem for bridge goers but there's a note for fog throughout much of the outer reaches of the bay area. sun sunol, right in the middle of the bay area, southbound -- the southbound direction, taillights barely visible. pretty thick fog through the grade there. there's other spots with pretty thick fog as well. >> fremont seeing pretty thick fog, concord is at 3 miles of visibility and the densest fog is in the north bay, less than a quarter of a mile. you couple that with freezing conditions and you actually have the threat of freezing fog and black ice over the bridges and overpasses so you really want to take it easy in the north bay this morning. wherever you're headed, especially if you're headed toward the valley today, dense fog advisory for the entire san joaquin valley. if you can postpone your

travels, we recommend you do so just to stay safe. fog will be a factor until 10:00 a.m. we have cold conditions to teal with. clear skies have led to very, very cool mornings. that's going to be the case for tomorrow and thursday as we wake up. temperatures are going to be just a little bit cooler, if you can believe it. 60 degrees is your forecasted high for thursday, the warmest day of the week. just a little bit more cloud cover today. then temperatures staying steady in the upper 50s. no rain in the forecast, just a few more clouds on tuesday. so we're looking pretty good. if you want to get outside, this may be your weekend. it's 5:39 right now. we asked, you answered what some of you had to say about some of the photos we posted on facebook. congress is back in session this morning, but one california senator will not take her seat. we'll tell you why coming up. plus millions of dollars just sitting there up claimed and it all belonged to the families of the men and women that serve our country.

and a live looking shot outside at the south bay this morning. a little bit warmer slowly day by day and a nice dry spell going on. updates on traffic and weather all morning. reporting what matters to you, you're watching "today in the bay" with laura garcia-cannon, brent cannon, weather with christina loren, and traffic with mike inouye. i have fallen in love with making bird houses.

caw caw! [ director ]what is that? that's a horrible cr. here are some things that i'll make as little portals. honestly, i'd love to do this for the rest of my life so i've got to take care of my heart. for me, cheerios is a good place to start. [ male announcer ] got something you'll love to keep doing? take care of your heart. you can start with cheerios. the natural whole grain oats can help lower cholesterol. brrrbb... makes you feel ageless. [ male announcer ] it's time. love your heart so you can do what you love. cheerios. [ bob ] squak. well, i love a deal on a designer bag as much as the next girl!

love! i love love love! as a buyer for t.j.maxx, i'm always on the hunt. i check out the shows. i see what's happening on the street. and i work deals directly with the designers. so when i score... you score. gimme a fashionista... i'll make her a maxxinista. t.j.maxx. let us make a maxxinista out of you! good wednesday morning to you. taking a live look outside. the bay bridge, it looks like traffic is picking up. foggy in some parts as well. we'll check the morning forecast with christina. republicans formally take over the house of representatives today when the 112th congress is sworn in. there will be 89 new republicans, 9 new democrats. topping the agenda for the gop is repealing president obama's

health care legislation. san francisco's nancy pelosi will have to give up her speaker's gavel. tracie potts is live now on capitol hill with what the change in power might mean. >> reporter: hi, brent. good morning, everyone. we'll see speaker pelosi give up the gavel pretty soon after they go into session at noon here today, just about three hours from now. this is going to be a major change. republicans now taking over control of the house of representatives. speaker pelosi has wielded power there for a very long time and will still do so as a leader among the democrats, but now a democratic minority. and so we'll see john boehner take her place. also san jose's zoe lofgren who was chair of the ethics committee will lose that seat to joe bonner, who was very critical of how the chair played politics, as he put it, during the ethics trial of charlie rangel. this was a very active committee.

we saw the investigations of charlie rangel, of maxine waters, so they were in the news a lot, particularly in the last couple of months. now that will also be chaired by a republican. bottom line, it's a new day here on capitol hill. we're expecting more than 100 fresh faces to be sworn in in just a few hours. >> thanks a lot, we'll be watching the new congress. meantime veteran senator dianne feinstein will not be there for the senate swearing-in today. she is here in the bay area getting ready for knee replacement surgery. the 77-year-old will not be able to travel for about three weeks. she's going to recover in her pacific heights home, but she does say she will work from home on important issues. maryland democrat barbara micaluski will be there. she was first sworn in as a senator back in 1987. the senate now ha 17 females,

including feinstein and barbara boxer from california. the previous longest serving senator was republican margaret chase smith who represented maine for 24 years. it is 5:44 right now. good morning to you. thanks for joining us. i'm laura garcia-cannon. >> and i'm brent cannon. you may have noticed a change in the look of our studio here. this is our temporary set. you know, we're making changes, we're getting a new one going, a new state-of-the-art set. >> pretty cool. >> they're building it just a few feet away down the hall. a live look from one of our studio cameras. we've been showing you this the past few days and you can see the progress and the changes as it begins to take shape. we hope to be in our new studio coming up in a couple of weeks, so thanks for bearing with us as we make a few changes here. >> it's pretty cool to walk in and see a lot of difference there. you can see more of the newsroom. we'll move those ladders before we go into the studio too. your child's school must be careful when asking you for donations. bob redell is live in san jose

and joins us now with more. good morning, bob. >> reporter: good morning to you, laura. you know lately because of the financial crisis, many schools have been asking moms and dads to help pay for things like textbooks, field trips, uniforms for school activities, that sort of thing, which is fine as long as those requests are voluntary. it does become a problem when the school is requiring mom and dad to dig into their wallets. that's why the state is now asking school districts throughout california and the bay area to review their policies and make sure they're complying with the law and not forcing parents to do that. the aclu recently sued the state for instances in which students were humiliated in front of their classrooms for not paying required fees. these were isolated incidents, in some instances putting the kids' name on the black board. the state has settled and as a

result school districts who violate this decades-old law might now have to reimburse parents charged illegal fees or face a fine. parents also have 30 days to protest fees and moms and dads should soon be receiving notices about their rights with regard to that. again, schools can still ask as long as it's voluntary and most like he still will just given the hard times schools are facing now because of budget cuts, but this does put schools in a darned if they do, darned if they don't situation because as we all know, they do need the money. if they can't get the money, then there could be programs being cut. reporting live here in san jose, bob redell, "today in the bay." okay, folks, 5:47. look at that right on schedule for your typical commute, the slowing through antioch. highway 4 westbound, speeds just below 20 miles per hour from a over towards l. we have general speeds in the 50s as well so that will

continue to build. we have no major problems coming through pittsburg and bay point and 680 south of there flowing through walnut creek and into tanville, a nice drive. no problems westbound coming through livermore. we'll see slowing but not as much as yesterday because wednesday typically fewer cars than on a tuesday. heading out of the area, a big advisory for you, dense fog for highway 99 and interstate 5 so keep that in mind if you're heading to sacramento or l.a. we'll see how things are looking at the bay bridge. the toll plaza is showing more volume of traffic coming through. no major issues but folks are starting to slow as they approach the cash lanes. we have slowing traffic and a typical pattern, but the fog a little different than typical mornings. it's cold out there. >> yeah, it's cold out there so we have the possibility of freezing fog this morning, courtesy of high pressure. now, what's happening is high pressure is keeping all this cloud cover out of our area. that's why we had such a beautiful day yesterday and are looking forward to another

beautiful afternoon, but it's also compressing all the moisture that came through during the weekend and that's why you have the fog. also what's happening is the clear skies let all the heat from yesterday just escape into the atmosphere, so we're starting out very cold this morning and foggy. so if you're waking up in santa rosa, novato or headed that way, watch out for black ice on the roadway. freezing fog will be a problem at least until 10:00 a.m. we'll keep you updated. 39 degrees right now in hayward. 41 in santa cruz and 32, right at freezing in novato right now. we'll warm up into the upper 50s today. a little bit warmer as we head into your thursday. 60 degrees by then. 57 by friday and then saturday to sunday, clouds increase. we were looking towards some showers. the more and more i look, i just don't think it's going to happen, guys. probably good news if you want to get outside. back to you. new this morning, dozens and dozens of earthquakes have been

rattling a province in china the past few days. most of the damage is confined to shingles falling off of roofs and cracks in the sides of buildings. there have been more than 100 minor earthquakes over the past four days, most of them less than a magnitude of 5. historic flooding continues to cause problems in parts of australia this morning. the situation is so desperate that the military has been called in to help. homes are inundated with water, crops are destroyed, power is out and most types of transportation are at a standstill. floodwaters are so widespread they would cover an area larger than france and germany combined. the disaster is expected to cost australia several millions of dollars. a man wrongly convicted is free this morning. cornelius duprewas trapped behind bars three decades and he was innocent. it was the longest wrongful conviction in texas history. >> i wrote numerous letters to people all over, all over the

state. you know, trying to prove my point, prove my case. >> finally one of those letters got to the innocence project and the process of clearing his name began. last summer a dna test proved his innocence. it was an exciting day for d due -- dupre and his new wife. 41 people in the state of texas alone have been exonerated since 2001. it could be more than a year before a decision on gay marriage from the higher courts. the nineth circuit court of appeals has asked the state supreme court to clarify whether supporters of proposition 8 have the legal right to defend a voter-approved measure in court, especially when state officials are not doing that. former governor schwarzenegger and then attorney general jerry brown both refused to appeal an august decision that struck down the ban as a violation of gay rights in california.

we did a little photo shoot yesterday in the newsroom and we got a couple of candid photos as well. >> we posted one on our facebook page. here it is right here. we started getting responses from viewers describing what they think is going on in this picture. >> one says, hmm, brent's hair looks darker, or does it? >> lots of people thought scott was posting some kind of a joke and we're over there and seeing it and laughing. we have all kinds of fun stuff on our facebook page, including how you can be a judge in the chronicles 2010 wine competition. i dwguess they're looking at so of the things last year. it's an exclusive to our facebook fans. all you have to do is become a fan. search nbc bay area morning news and join in. >> and you can find links to all of us too. we love to hear from you. we try to get in and write as much as we can too. it is 5:22 right now. an enormous deal in silicon valley happening just moments ago.

scott mcgrew joins us. >> reporter: yes. san diego-based qualcomm just said it would buy santa clara chip maker atheros for $3.2 million. both make chips used in the wireless industry. the deal gives atheros shareholders a bonus of 22%. here's the bottom line. there are about 1,000 employees at atheros. presumably many of them are shareholders, so a lot of people in santa clara just got a whole lot richer. interesting article on cnbc's website this morning talking about how regular investors, moms and pops, are returning to wall street. we saw a huge dropoff in regular folks investing during the recession, certainly understandable. now the small investor coming back. $1,000 here or $1,000 there. you know, you look at some of the returns you can get in local stocks just in the last month, particularly chip stocks. applied materials, amd,

goodness, netflix, you're looking at maybe 12, 15% return in just the last month on some of those stocks if you can pick them right. >> i was just going to say if you can play right. a lot of ifs. thanks a lot. maybe you play this one right. move over, farmville, there's a new game in town. cityville is now the biggest facebook game ever. the game had over 84 million monthly users this past weekend. one blogger says it continues to grow by about two million players a day. 84 million already enough to surpass farmville. of course cityville is a game made by the same maker of farmville, so it's not like the bay area is losing anything. it allows users to build their own city. millions of dollars are waiting for some americans. according to the department of veterans affairs, money from life insurance policy payouts,

dividend checks and premium refunds are sitting unclaimed. if the government cannot find the rightful owner, that money is found indefinitely. we're showing more video because we're talking about veterans in particular. to see if you or your family member has unclaimed money, check the veterans affairs website. at least two people are waking up to find themselves millionaires this morning. probably not you since after all you're getting ready for work hike me. holders of tickets sold in idaho and another in washington state will share mega million's $355 million jackpot from last week's big drawing. the prize is the fourth largest in u.s. history and the second largest in mega millions history. the winning numbers, 4, 8, fitch, 25, 47, the mega ball number is 42. we didn't get any of those. well, you might not be a winner there, but you're sure a winner in the weather department for this afternoon. this morning it's chilly and foggy, but this afternoon will

be beautiful. a repeat performance of what we saw yesterday. just a few more high clouds in the mix. you can see those clouds coming in. high pressure firmly in control. these are high, cirrus clouds. whenever we see high cirrus come through, a big ridge of high pressure, we refer to it as a dirty ridge so that's what we're dealing with today, likely tomorrow. a little bit more cloud cover each and every day as we get closer to the big weekend. less than a quarter of a mile visibility. still the case in the north bay, looking a little better along the peninsula and the south way but fog will likely develop the next couple of hour, becoming very, very dense in some spots. you were talking about seeing in feet, maybe 500 feet of visibility in the north bay this morning, so take it easy out there. right now overall it's cold out there. grab a jacket, something you can take off later, because we're going to warm up under lots of sunshine. 57 degrees. 60 degrees, a little warmup for you by thursday. back to you. a spanish soccer team picked an interesting time and way to protest. check it out.

the entire team kneels down at the start of the game and they don't move. mean whole the other players are kicking the ball around and playing the game. they were nice enough to try not to score. they just kind of kicked it around there. the protesting players are upset because they say they have not been paid in five months. the time now 5:57. why some lawmakers say you should not have to have a birth certificate just because you're born in the united states. cutting cocaine with an item many parents have in their pantries. the unusual shoplifting spree just ahead. and people in the peninsula may have to pay heaps more to have their trash picked up.

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