thank you for joining us. i'm jon kelley. >> i'm laura garcia-cannon. let's check the forecast with meteorologist christina loren. >> good morning to you. tuesday morning. the fog is thick yet again. let's get right to your visibility. right now we're dropping off in concord down to a quarter of a mile there. half mile of visibility is all that's available right now in santa rosa. we'll continue to drop off as we head throughout the morning hours. that's your clue to give yourself plenty of time to reach your destination safely. now, when we finish off the day, some cities close to 70 degrees. stick around. your forecast looking good for tuesday. let's check the drive. good morning, mike. >> good morning. let's start with a change to my report via bay bridge toll plaza. live shot as we pull to full screen. you see flashing lights at the top right of your screen. looks like trucks are backing up. no accidents reported. no crashes or any of that sort. maybe some construction crews. i will track that. it's just escaping our shot. i'll track it for you from the traffic center. back at the maps we'll talk about what christina said.

a smooth flow of traffic right now. see the commute kicking in now through the morning commute as folks return to work. there's the fog for livermore and up through concord. tough to see areas coming across the bridge at time. back to you. >> thank you very much, mike. that investigation into why an empty oil tanker hit the bay bridge continues this morning in san francisco. it hit tower six of the western span of the bay bridge late yesterday morning. the impact did not damage the bridge but did rip off part of the fender that is there to protect that tower. the vessel is now anchored off treasure island and investigators say it does not appear to be leaking. >> there was some crushing of that outer hold. there was no indication of any damage to the inner hole. >> the pilot in charge during this incident will be interviewed by the coast guard later today. he did pass an alcohol test and drug test. results are still pending.

coming up at 5:00, we'll have new information about that pilot and the role the coast guard is now playing in that investigation. san francisco police captured the man they say poured gasoline on his girlfriend and then set her on fire. 22-year-old dexter oliver was arrested at an oakland hotel last night. police say he attacked his girlfriend on sunday in san francisco's bay view district. 25-year-old star lamar remains in critical condition this morning. she has severe burns to her face and chest. family members say oliver became enraged when lamar broke up with him. the fbi's evidence response team is heading back to a farm in linden this morning digging for more victims of the speed freak killers. crews will spend the morning excavating an old well there. the site is near an abandoned well where four bodies were found nearly a year ago. investigators think the bodies are linked to the speed freak killers for a drug fueled spree during the '80s and '90s.

herzog committed suicide last year. the other remains on death row. investigators say it will take three weeks to hand sift through that soil. there may be a child predator on the loose in gilroy this morning. police are warning parents after a strange man in a green minivan offered an 11-year-old girl a ride. it happened december 30th right next to rainbow park. police say when another car approached the two, the van sped off. they are looking for a 2000 chevy astro forest green. the man is described as hispanic between 50 and 60 years old with short black hair and a long mustache. the san francisco man accused of crashing his car into another sending them both into a liquor store will be in court later on today. prosecutors say 19-year-old david moralesspeeding away from officers new year's day. he t-boned a car pushing it into the store in the mission

district. one person died in the car. the other victim was killed while walking into that store. morales was on probation at the time of the crash for gang activity in san mateo county. a san francisco cyclist is back in court this morning accused of a deadly crash with a pedestrian. he is charged with felony vehicular manslaughter. the 36 year old cyclist allegedly sped through a busy crosswalk at market and castro last march killing an elderly man crossing the street. prosecutors say he was speeding attempting to break a record for riding through the city. they say he has a pattern of breaking traffic laws prior to the collision. the california public utilities commission discussing the fate of a nuclear power station located on the central coast today. the nuclear power plant has been shut down for almost a year after a pipe started leaking radioactive steam right into the air. utilities commission has been investigating that plant to try

to determine when or if it is safe to reopen. the commission will discuss that investigation later today. several environmental groups planning a demonstration outside of that meeting to oppose the reopening of the plant. the marin county man who tried to prove you could drive alone in a carpool lane has lost his fight but not the war. a judge has told jonathan freeman to pay a traffic ticket he received for driving solo in carpool lane. freeman says he will appeal. he argued he wasn't alone in the car because he had his corporation papers with him. california legally defines a corporation as a person so freeman says he had another person in the car with him. the judge disagreed citing the intent of the law. freeman is hoping to spark a national conversation on the issue and possibly get california to change its stance on corporations. today is a spare the air day and that means you cannot burn

wood, manufactured fire logs or other woods inside or out. it will mark the third spare the air day of 2013. >> christina loren has a look at our forecast. >> good morning to you. you want to layer up quite certainly today. we're going to see a cold start followed by the warmest day of winter so far. 39 degrees right now in santa rosa. 44 in san francisco this morning. 40 degrees in gilroy. we do have some really thick fog that we're going to have to deal with before the sun breaks through and warms us up into the mid 60s. you want to keep that in mind this morning. we're dropping like a rock in places like fairfield, concord, santa rosa and even napa. half mile of visibility or less. that makes for a very dangerous commute to work. give yourself extra time. we are sparing the air today. i want to point out that it's only the south bay where we deal with unhealthy pollutant levels. elsewhere we have moderate range. it's a good idea to limit outdoor activity today.

if you suffer from respiratory issues or asthma. look at where we're headed. 65 in livermore. 64 in san francisco. 65 in san jose beforee plunge 10 to 15 degrees tomorrow. we bring that rain back in. lots to talk about with your full forecast. that's coming up in my next report. let's check your drive on a traffic tuesday. >> good morning. no crashes involving any lanes blocked for freeways but quite a concern. you were talking about the fog. the golden gate bridge not a problem right now. early on we typically see a clear sky across the span as we do now. look farther north. we'll show you the city on the maps and the travel in on the bay bridge approach we do have road crews there and also on the north end of the golden gate bridge. no slowing toward those scenes. the orange painted over the maps means there's fog likely to impede your view of the roadway and christina showed you a quarter or mile or less in many spots throughout the north bay so be very careful out there. that includes areas coming across the carquinez out of richmond patches as well. we watch the entire area north

of the 580 horizontal there. also a live look at the bay bridge toll plaza where we still have the road crew clearing from the bay bridge toll plaza. the approach to hov lanes. back to you. some 49ers fans may be asking where is kicker david akers? the team promised they could give him a chance to keep his job. comcast sports net bay area reports only the recently signed was working out at candlestick yesterday. could be just a coincidence even though he's a veteran and never kicked at candlestick. the coach is keeping quiet say both men could be on saturday's active roster. niners getting ready for the postseason and the giants are ready to kick off a special thanks to all fans today. outside of sacramento city hall, they'll start a tour of the 2012 and 2010 world series trophies. things of beauty. this is video of a recent visit to our newsroom. a chance for a snap photo there.

fans will get a chance to also take their pictures with those trophies for the next several months the tour, the victory tour, will wind throughout northern california and parts of oregon and arizona. check that out. >> they keep it in the gloves. >> high priority. big surprises on day two of the consumer electronic show. everything tech you want tomorrow. we'll take you to las vegas for a preview next. a controversial decision overnight by one of the largest school districts in the entire country. why guns may be coming legally to some school campuses. plus -- >> that doesn't look fun. >> not at all. >> man and wife becomes almost their last. see what happens after this hot air balloon makes an unexpected landing.

one of the biggest gadgets show of the year kicks off today. the consumer electronic show going on in las vegas. more than 3,000 companies from 150 countries will show off their products this week. products like updated smartphones, a touch screen table top and even a fork. listen to this. it helps you pace your eating habits. >> it's a device that has been created to help you lose weight by eating at the right time at the right place. >> the forks vibrates if you're eating too fast. we'll see some of the things coming up at 5:15. investors gearing up for earnings season. alcoa keeping with tradition. first out of a gate. for a preview of that, we turn things over to courtney reagan live at cnbc world headquarters. good morning, courtney. >> reporter: good morning to

you, jon. futures relatively flat right now after stocks starting out the week on a down note but closed off their lows on monday. investors are waiting for the start of earnings season that starts tonight with release from alcoa. we'll get data this afternoon on consumer credit. the dow fell 50 points monday to 13,384. the nasdaq lost two points to 3098. aig's board meets tomorrow to reportedly consider whether to sue the u.s. government over the bailout which it just finished paying off. aig may join a $25 million suit filed by former ceo hank greenburg. the suit argues the nature of the bailout. the u.s. took a 92% stake in the company and funneled thousands to aig's wall street clients deprived shareholders of cash. it also violated the fifth

amendment which bans seizure of private property without just compensation. back to you. >> thank you very much. christina loren keeps her eye on the sky for us and tells us about the forecast today. >> let's enjoy it. 24 hours. and then the rain comes in. really not expecting a lot of rain. what's going to happen is a cold front will come through and drop your temperatures dramatically between today and tomorrow. so if you wanted to hit the beach, you can promise it will spark a walk. today is your day to do so. things will not be as nice when you wake up and meet back here tomorrow morning. 39 degrees in napa. widespread fog this morning. drizzle out there as well. it won't last long. the marine layer swished to nothing by high pressure and that fog is through inland valleys creeping in through the delta. tule fog dropping off in concord to a quarter mile.

you're in a solid nine miles of visibility right here in san jose for now. we're expecting to drop off as well as we progress throughout the next two hours. high pressure will build in today. you can see the storm track coming into the pacific northwest and high pressure nudging that storm track well to the north for today. as it builds in it will warm temperatures into the 60s. we have a good looking day shaping up. by tomorrow the clouds increase and we get a slight chance for a shower. this is what we're looking at. stop the clock at noon tomorrow. and you see some green coming into the north bay. stop the clock for you by 4:00 p.m. look at that. not a lot but enough to certainly bring your umbrella with you to work tomorrow if you live along the peninsula or work there. 4:00 a.m. on thursday, we get a slight chance for showers not expecting much of anything. basically this is an unimpressive pattern. here's the kicker. if we see any snow showers on thursday morning and they move over higher elevations we'll see snow levels down to 1,000 feet so it's possible to get a dusting of snow on thursday depends on where that moisture

ends up. friday into saturday, staying cool. we get another very slight chance for a shower on sunday. overall this dry pattern will maintain until that storm track comes back and that doesn't look likely until potentially the end of next week. so overall enjoy the day. back to you. >> we sure will. thank you very much. it's 4:48. the new york school district is taking the first step toward adding armed guards to its campuses. staten island community education council voted last night in favor of hiring retired police officers as armed guards. the plan also includes video cameras and panic buttons similar to ones at banks. parents are split on the idea. one gun to another gun does not solve the problem. >> i think it's for the protection of all of the kids. are we waiting for something bigger to happen than what happened in newtown? >> the council can only make a recommendation to new york's education department. it cannot make the plan happen. education department says it

will not consider the plan while new york's mayor has called it a terrible idea. google's top executive spending part of his trip to north korea visiting with college students. executive chairman eric schmidt and former new mexico governor bill richardson dropping in at a campus lab. students there are allowed access to sites like google and wikipedia. for the record, north korea is considered to have the strictest internet policies in the entire world. it's 4:49. california is asking the federal government to ease off on the court ordered prison reduction plan. the state filed papers late yesterday saying it has a prison overcrowding problem under control. federal courts ordered a cap on the number of inmates in state prisons to ensure proper health care. governor jerry brown's administration says it has made substantial progress in cutting down the numbers and wants the court to withdraw its requirement for further reduction so the state is not forced to release dangerous or violent prisoners.

we have to admit getting married up in the air, floating among the clouds, sounds very romantic until something goes very wrong. a san diego couple deciding to exchange vows in a hot air balloon. unfortunately seconds later a gust of wind just crashes the newlywed party. >> just said, okay, you're husband and wife now and we kissed and then it's beautiful and then we just kept trying to land and couldn't and next thing you know we're crashing into a fence and i said jesus about four or five times. >> they have great attitude about it. they are okay. we're happy to see that. the balloon bounced and crashed hard in a cluster of trees getting caught right on a house. one person did suffer a minor injury and despite the hiccup, the bride and groom are feeling good about everything. they figure from here it gets easier. >> it's beautiful.

>> lord, jesus, help us. >> love. >> is that a justin bieber move? >> they're in love. 4:51 right now. reality check is right. easy on the eyes but will it be good for ratings? see which summer olympic star getting his own tv show. >> i can't wait for that. federal government talking about some new requirements for those hybrid cars and electric cars out there. >> a live look at san jose. see the low clouds in the distance. we're talking fog again today. i show you what's up for the commute coming up.

welcome back on a tuesday morning. a live look outside the bay bridge toll plaza. early in the morning. some smooth sailing out there. mike inouye will be along in moments to tell you about that traffic. christina loren telling us we may hit 70s in some areas. right now it's 4:54. the national highway traffic safety administration wants some cars to be louder rather than quieter. the administration proposing a minimum sound standard for hybrid and electric vehicles. they say that's so pedestrians and people on bikes can hear cars approaching. hybrids unlike traditional cars have much quieter engines. transportation secretary ray lahood says the proposal would keep the blind and visually impaired safer. >> that big muscle on your car is okay.

>> can i drive around doing this? that's okay. let's get out to roadways. that sounds more macho than my car. san jose shot shows you a smooth easy drive on sensors. no problems and no delay. we do have slowing that did show up north 101 coming over here toward capital expressway. we expect a heavy flow of traffic this morning. traffic tuesday back from vacation. right now it sorted itself out. live look further up the peninsula. 101 continues nicely through university and through palo alto. haze and low clouds yesterday but visibility great right now. also just fine for the san mateo bridge at present. we do see haze in the air. that fog is an issue north. the north bay coming through concord and parts of the east bay and central valley. we're watching for effects as yesterday it developed late in the commute to bridges. we'll track it. back to you. >> is this okay? olympic gold medalist ryan lochte driving into a new career. 28-year-old swimmer is getting his own reality tv show "what

would ryan lochte do?" the plot thickens as he prepares for his 2016 rio olympics while developing his very own fashion line. >> wow. >> a lot going on. >> this of course on top of his media appearances dealing with family, friends and searching for a girlfriend. "what would ryan lochte do" debuts in april on e. fast food chain mcdonald's making a change in the land down under. the name mcdonald's will be switched to maca. the local nickname for the chain. a survey found 50% of australians use the term maca instead of mcdonald's. the change is temporary down there. mcdonald's signs regular ones will switch back in early february. >> interesting. 4:56. coming up, a new study shows who

is mucking up your morning commute. a look at the controversial way the data was gathered in a live report. police say they have solved an almost 30-year-old cold case. we'll have details coming up.

the foggy start to the day will make way to a fabulous finish. your full forecast chose to 70 today in just moments. as road crews clear from that bay bridge approach we'll talk about the fog and effect on your drive. we'll show you where you may have problems coming across the water coming up. >> reporter: another traffic study highlights the worst commutes in the bay area. how researchers gathered all their data could surprise you. good morning. i'm marla tellez with that story still ahead. taking a live look outside bay bridge this morning.

for tuesday, january 8th. warm temperatures expected. christina will tell us where. this is "today in the bay." good morning. thank you for joining us. 5:00 right now. i'm laura garcia-cannon. >> i'm jon kelley. good morning, everybody. new this morning the only man behind bars in connection with the u.s. consulate attack in benghazi, libya, was released hours ago. they ruled there wasn't enough evidence to hold this man in custody. u.s. officials accusing the 26 year old of being a member of a terrorist organization. this investigation into that attack stalled in libya due to the weak power of the central government in the face of powerful militias. u.s. ambassador and bay area native chris stephens and three other americans died as a result of last september's attack. 5:00 now. your phone and gps may give uc berkel