your realtime captioner is linda marie macdonald. caption colorado, l.l.c. comments@captioncolorado.com the search is on for the gunman behind san jose's sixth murder this year. what witnesses heard moments after a drive-by shooting. plus, not only breathing but smiling. the latest miracle steps made by congresswoman giffords and the special gift for her husband. and prepare for a stop and go commute this morning. a fog advisory is in effect almost until the lunch hour. when the fog will break, we'll have those details coming up. and that foggy start to your morning commute will affect your drive. i'll tell you what areas to avoid in just minutes. good morning. it is tuesday, january 18. i'm elizabeth wenger. >> i'm sydnie kohara. thank you for joining us. your time is 4:30.

we are following a developing story this morning. san jose police want help in solving a drive-by murder. they think the shooting last night was gang-related. a 20-year-old man was killed in the 1900 block of hoco way about 11:00. the victim was pronounced dead at the scene. witnesses said they heard gunfire and heard a vehicle leaving the area but no one saw the vehicle. this is the 6th killing in san jose this year. another day to take it slow. another foggy day is make the ride to work a little more difficult. let's go out to gianna franco in the traffic center. another day we can't see anything? >> absolutely. it's going to be tough to see anything on our cameras. this is live at the san mateo bridge. one of our bridges that we have a fog advisory in effect this morning. also dumbarton bridge and benicia bridge official advisories. foggy on other bridges but no advisery. but you can see the san mateo bridge really socked in this morning so give yourself some extra time. bay bridge not a bad spot here actually things looking okay here. the metering lights are off and

you're clear across the span on the upper deck into san francisco. we have a couple of accidents we're monitoring. northbound 101 at kehoe everything on the right shoulder. speeds looking okay through san mateo and chp clearing an earlier accident a big rig fire in mountain view northbound 101 at shoreline. robert has the forecast. >> gianna, thank you so much. dense fog throughout the bay area today. gianna showed you some of those images of the approaches to the bay bridge so as you walk out the door, take a look at temperatures of what you're going to expect. 49 but a lot of dense fog out there. in fact the fog advisory will remain in place until 11 a.m. fog will continue through the afternoon and into the coastal hours. we are not going to see a huge warmup today. temperatures mostfully the 40s and 50s for the early-morning hours. we'll warm to some of the warmest areas today in the low 60s. when can we expect to see that fog begin to lift? i'm going to have more details coming up but with that in your

pinpoint forecast. but for now back to you guys. >> thank you. threatening graffiti found at uc-santa cruz is keeping some students and teachers from going to school this morning. the vandalism contained a threat of violence to be carried out today january 18th. it was discovered in the men's bathroom in the social sciences building last month. well, a few classes have been cancelled today. others relocated. and some students, well, they have just decided to stay home. the university is also stepping up police presence on campus. a break-in at a bay area cemetery and human remains stolen. a family in contra costa county is desperate to get back the ashes of a loved one of the as joe vazquez reports, there is a hefty reward. reporter: the door has been jimmied, the glass shattered, a graverobber has struck the oakmont cemetery in lafayette. >> just sad. it's just heartbreaking to see

this for no apparent reason. >> reporter: sunday night, someone broke into a mausoleum and stole the urn containing the remains of thomas gonzales. here's a photo of an ur in. the same size and color of the one stolen. it looks gold but it's made of brass. gonzales grew up poor and worked his way to become a startup star in the early dot- com dames. he was a founder of commerce one a pioneering e-commerce company that soared to great heights just before the internet bust. thomas gonzales died young of a rare form of cancer back in 2001. he was 35. his family placed his remains at the top of a hill on the oakmont cemetery property so on clear days he could look out at his beloved mount diablo. >> one family member has talked to the sheriff's department and there is reported another break- in in the last couple of weeks at the same cemetery here in oakland month. >> reporter: a contra costa sheriff's spokesman says they have received a report of the theft but don't have any suspects or leads right now. did someone steal it because they thought it was worth

something? >> it is now. it's a $10,000 reward. so please, if you have any information regarding this, please contact somebody and let us get thomas back. >> reporter: joe vazquez, cbs 5. 4:35. while other cities are cutting employee benefits, berkeley is looking to add a new one, paying for sex change operations. the city council will vote tonight on whether to set aside $20,000 a year for city workers who want gender reassignment surgery. councilmembers tell the "chronicle" it's a way to provide fair benefits to the transgender community. but some residents say they wish the money could be spent on basic services like road repair. it could be last call for some walnut creek hot spots. tonight the city council will hear proposals for new restrictions on alcohol at bars and restaurants. this comes after an untick in rowdiness fueled by alcohol including several bar fights. in all, there are about 120 bars and restaurants in the city. the owners of croghan's bar and

grill hire as many as 7 security guards on weekends to keep things in check. >> with the society the way it is now, with the different crowds we are getting and -- there probably are a few more problems. >> one idea is forcing some restaurants and bars to stop serving alcohol earlier. but it will probably be months before anything is enacted. oakland police are looking for the gunman behind three different shootings on martin luther king, jr. day. one of them in east oakland left a man dead. it happened at 80th avenue and international boulevard sometime after 4:00 yesterday afternoon. the circumstances of the murder aren't clear. but reports say the shooter fled the scene with a handgun. he is a man in his early 20s with a thin build, black shirt and brown pants. oakland mayor jean quan says she was surprised when police chief anthony batts told her last week that is he in the running for the top cop job in san jose. according to quan, batts first

interviewed for the job last october but didn't tell her he was a candidate until last friday. quan says after she wouldn't mayoral election, batts told her that he planned to stay in oakland. house republicans start a debate today to repeal president obama's healthcare law. a vote is planned for tomorrow on the bill that officially named hr2. repealing the job-killing healthcare law act. the gop wants to repeople the entire healthcare law while democrats want to keep at least some of it intact. >> the real problems in healthcare is it costs too much and what we have done is expanded the coverage but haven't worked on the cost. >> let's break it apart. are the tax cuts for small businesses not something we can all agree on? i think it is. >> the repeal effort was scheduled last week but postponed because of the shooting in arizona. even if it passes in the house, the repeal bill would probably be killed in the senate. 4737. congresswoman gabrielle giffords is making such good

progress, doctors say she could leave the hospital for rehab in a matter of weeks or even days. her latest breakthroughs: smiling at her husband astronaut mark kelly and even giving him a neck rub. over the weekend doctors in arizona took her off a ventilator, installed a feeding tube and repaired a fractured eye socket. >> i think that's full functional recovery is possible. i'm not going to promise it. she can't promise it but if she works hardy think it's possible. >> it's been 10 days since the tucson shooting killed 6 people and nearly killed giffords. a memorial service was held yesterday for uc-santa cruz grad gabe zimmerman who worked for the congresswoman. and the family of the youngest victim 9-year-old christina green said her donated corneas helped save the eyesight of two other children. an arizona law could keep representative giffords from returning to congress after she recovers from the shooting. that law says a public office must be declared vacant if the office holder deposit not discharge the duties of office

for three consecutive months. but the "washington post" reports the arizona governor's office refuses to speculate on whether that might happen in giffords' case. time now is 4:39. the future of ceo steve jobs may be up in the air but apple is marching on. the major milestone the company about to reach. >> plus, uncle sam giving back. what's behind a big boost in our tax refunds. >> feel like jetting away to cancun? yes. a lot of us do. the deal at sfo that could make it cheaper for you to take that international vacation.

beware and be careful this morning. a fog advisory is in effect for the entire bay area north and east bay valleys particularly affected extending all the way down to the santa clara valley.

be mindful of the visibility. we are only seeing visibility anywhere from a quarter to half mile. if you are headed to sfo, it's even worse. visibility is 1/16th of a mile. we'll track the fog and tell you more about when it's expected to lift and what our temperatures are going to look like this week. i'll have all of that coming up in just a few minutes. sydnie, liz, back to you. >> thank you. san francisco's muni system running a little slower in recent months. the muni board gets a new report today on on-time performance. a record 75% of buses, trains and cable cars showed up on time during the first three months of last year. but had the "chronicle" reports that was down to 72% last summer. city voters approved prop e in 1999 setting an 85% on time goal that has never been reached. a jump in tax refunds and the end of the line for a famous chocolate factory. here's alexis christoforous with this morning's moneywatch

report. reporter: taxpayers got a 5% bigger refund last year, about $3,000 on average. that's the biggest jump in years thanks in part to several tax credits that were part of the american recovery and reinvestment act. one of those the home buyer tax credit gave buyers up to $8,000 for purchasing a home. it was expanded last year include more taxpayers. this is a big week for corporate earnings. expect reports from apple, citigroup, delta, ibm and ebay. last week strong profits from jpmorgan chase and intel pushed stocks higher. the dow rose 55 points while the nasdaq climbed 20. we'll see how well the housing market is doing with reports this week on home construction and existing home sales. wall street will also get fresh figures on weekly jobless claims. last week claims rose after retailers let go of temporary holiday oh. and it was bittersweet for this chocolate factory as cadbury made its last chocolate bar in england.

it was an emotional day as factory shut its doors after 92 years. american food giant kraft bought cadbury last year. it will continue to make chocolate with the cadbury name, but from a factory in poland. and that's your moneywatch. for more, head to cbsmoneywatch.com. in new york, i'm alexis christoforous. don't you think it's time for an "early edition" road trip? >> i think so. >> that's my hand saying yes! >> a trip to mexico or canada could be cheaper for travelers flying out of sfo. sfo proposes to charge airlines flying to and from those countries domestic operating fees instead of international fees. the san francisco airport commission will be putting it to a vote today. airport officials say the idea is that lower rates will attract more international carriers and hopefully lower prices for passengers. doctors are speculating about why apple's ceo steve jobs is taking an indefinite medical leave. he gave no details in

yesterday's announcement. doctors not involved in his treatment say the two most likely reasons are recurrence of pancreatic cancer or complications from the liver transplant. jobs' type of cancer is slow growing and often treatable. an infection and duct blockage from liver transplants can often be fixed. well, despite uncertainty about jobs' health, apple is marching on. it is nearing 10 billion apps downloaded for the ipod touch, iphone and ipad. the total last night was nearly 9.9 billion. amazing. the person who downloads the 10 billionth app will win a $10,000 gift card at the itunes store. >> that's a lot of songs. >> a lot. whoo. it is 4:45. is your heating bill going through the roof? the right way to weatherproof your home on the cheap. >> plus, it may be the most important meal of the day. but see why bigger isn't necessarily better when it comes to breakfast.

>> but, you know, that's really ugly. >> you think it's very ugly? >> beauty may be in the eye of the beholder but this bay area restaurant so ugly, it could get kicked off the block. how the owner is fighting to protect his heritage. ,,

harsh weather: sleet and freezing rain. after back-to-back snowstorms, more woes for the northeast. it's in for some more harsh weather, sleet and freezing rain. the wintry mix hit new york, new jersey and connecticut just in time for rush hour. new york city mayor michael bloomberg says they have salt spreaders ready. parts of massachusetts and new hampshire could see more than 6" of snow today. people living in some high- end homes overlooking a beach in santa cruz county are worried their houses could collapse. the home owners in rio del mar say a creek is overflowing and threatening the stability of their houses. they are willing to pay to

build a trench that could reduce this threat but they can't get permission because county officials are not willing to grant an emergency declaration. natural gas and other fuels are going up in price. so turning on the heat they are winter is going to cost you more. on the consumerwatch, julie watts shows us how a little weatherizing can go a long way but one size doesn't necessary flit all. reporter: >> we bought two heaters. >> reporter: phillip neil was willing to do anything to warm up his drafty apartment except spend a fortune weatherizing a home he doesn't own. >> we had the drafts in the door and the air conditioning unit. >> reporter: but according to the department of energy, fixing those drafts by weatherizing could save him up to $437 a year. so to get the most bang for his buck, we decided to test this $20 do it yourself weatherizing kit. after reading the instructions he applied the self-add thesive door sweep to the base of the door and foam tape to the gap on the side and around the air conditioning unit. >> how are you doing.

>> reporter: then we brought in a handyman to check his work. turns out the one size fits all kit doesn't fit when it comes to phillips' door. >> you still have a good quarter inch or so gap right in here. >> reporter: instead of the kit's plastic door sweep, sticks to one side of the door, newman recommends the $10 to $15 door shoe that protects both sides. as for the side of the car? >> in just needs to be replaced. >> reporter: brent says skip the foam tape and invest in a $15 metal weather strip to replace the one that's worn out. but he says the foam tape is fine for the air conditioning unit. alone it costs about $5. and that's the only thing in the kit that actually came in handy so weatherizing on the cheap doesn't mean buying cheap products. >> i think the key is to find the one that works for you and the application that you're looking for. >> reporter: but to find out what works best for you, first you have to find your leaks and to do that the simple police way, light a stick of incense. simply follow the smoke and it will show you where that hot

air is leaking out. you can also call pg&e for a free energy audit but it may take a few weeks before they can get to you. hey, if you have a consumer problem, call us at 1-888-5- helps-u. on the consumerwatch, julie watts, cbs 5. if you have a story idea or something you want us to investigate, you can log on to our website, cbs5.com, and click connect. do you know how hard it is to come from a more than two- week vacation to getting up and being here at 4:30 a.m.? if you are feeling my pain as you get out of the bed this morning, then i understand. but i got a little bit of weather news to tell you about as you head out today. a lot of stop and go traffic and it's all because of the fog. in fact, the fog advisory is still in effect. it will remain in effect for the inland areas and inside the bay through 11 a.m. the coast is seeing a little bit of fog out there but some better clearing. a lot of the tule fog pulling in off the valley and we are seeing even more low clouds off

the coast. so that's why we're so banked n we will begin to see some clearing and that will allow temperatures to slowly rise into the lower 60s in the inland areas but we are going to stay relatively mild because not all of the fog is going to clear out at the bay so don't expect temperatures above 60. at the coast you will see more sunshine out there but certainly it will remain mild. high pressure is building over the bay area. it's simply not strong enough, not bringing any wind with it. and that's why we're not seeing clearing of the dense fog. we'll likely see it tomorrow, as well. highs for today 5 for daly city, 58 in half moon bay, 60 degrees in sunnyvale. so the areas of green show that a lot of that fog is going to stick around. it's going to stay relatively mild. we'll see a little bit of warming moving into the south bay. temperatures largely in the lower 60s as daytime highs. we'll continue to see mid- to upper 50s inside the bay and we'll see those 50s in the inland areas as well. that's because the fog will

continue to push in off the bay and not a lot of clearing. we'll see 50s stick around for the north bay. now, there is a chance that this fog will begin to clear out on wednesday. but we're keeping the threat around through the close of the week so we'll begin to see more peeks of sunshine as we move through the close of the workweek. and even into your weekend we'll still see temperatures into the mid-60s. here's gianna with your traffic. >> thank you, robert. good morning. well, if you are headed out that fog is real buy going to do a number on you this morning especially on the bay area bridges. it's affecting the drive on the dumbarton bridge and san mateo bridge. dumbarton bridge you can see traffic really socked in there in the a lot on the camera. so give yourself some extra time. same goes for the san mateo bridge. and we have fog advisory on the benicia bridge, as well. now, the bay bridge, though, not the case. no fog advisory there. metering lights are off and traffic actually looking okay through that area. 18 minutes from the carquinez

bridge to the maze. golden gate bridge doing okay this morning, as well. in fact, one of our brighter spots here not a lot of fog through marin county. south 101 still clear from 37 to 580. only 8 minutes to get through that portion of 101. now, speaking of 101, let's head south. north 101 mountain view at shoreline. the big rig fire is out, everything out of lanes but we are seeing some slight spectator slowing on that right- hand side of the road but once you pass that you're 61 miles per hour and traffic looking good along 101 towards sfo. westbound 580 new reports of an accident right before tassajara. two cars tangled up. everything is off to the right shoulder. traffic moving fine as you work your way westbound 580 towards the dublin interchange. we have some construction both directions 880 affected. northbound 880 between tennyson and jackson. couple of lanes closed. that in effect until 6 a.m. they should be wrapping up the closure on the southbound side looks like between winton and

92. hopefully within the next five, ten, 15 minutes. but you can see traffic just a little slow approaching the san mateo plate is. remember our radio partners when you hit the roads, kcbs 740-am and 106.9-fm. just into our newsroom, former vice president dick cheney said he may eventually have to have a heart transplant. cheney said in an interview he is getting by on a battery powered heart pump but it's difficult to walk around. cheney says at some point he will have to decide whether or not to have the transplant. pizza orgasmica is opening in san rafael in a colorful way but it's not sitting too well with some neighbors. the restaurant is bright yellow. because it's part of a historical building, the city could force the owner to tone down the color. the owner says it's not just about getting attention. he is also honoring his

brazilian heritage. >> colors represent happiness, prosperity and the brazilian colors. >> i don't like it. that's not my restaurant. but it's really ugly. >> you think it's verying youry ? >> all right. the san rafael design review board will meet tomorrow on whether to okay the neon yellow paint job. the restaurant is scheduled to open next week. new studies show a big breakfast won't make you less hungry the rest of the day. and it could even make you gain weight. german researchers followed 300 people and found no matter what they ate for breakfast, their calorie intake at lunch and dinner stayed the same so people who ate the hefty breakfast and the lunch and dinner added around 400 more calories a day to their diet. you may have more in common with your best friend than you thought. researchers have identified two genetic traits that are commonly shared among certain groups of friends them. say people who carry a gene

called drd2 tend to associate with each other. on the other hand, people who don't have that gene also are likely to be friends. drd2 is a dopamine eventer commonly associated with alcoholism. time now 4:57. a violent threat on the uc- santa cruz campus has some students staying home today. how the campus is stepping up security. a drive by shooting in san jose leaves one man dead. the clues police are looking for this morning. that's coming up. the city council here in berkeley is considering an employee benefit that's causing quite the controversy. we'll have details coming up. >> and thieves steal the ashes of a prominent businessman from a bay area cemetery. the reward his family is offering to get them back.

you... don't have a choice of getting breast cancer. i had no choice. that 3-day gave me that opportunity. and i can actually do something to help. 60 miles in 3 days-- i can do that. we can rid the world of this terrible disease... so that no mother... granddaughter... sister... daughter... mother... go through what my wife had to go through. (man) register today for the... and receive $25 off your registration fee. because everyone deserves a lifetime. your realtime captioner is linda marie macdonald. caption colorado, l.l.c. comments@captioncolorado.com san jose police investigating the city's sixth murder of the year. what witnesses heard moments after a drive-by shooting. should taxpayer money be paying for sex changes? the bay area city that may