cal student who got the virus on a trip to asia and rode bart while contagious. >> we know residents and people in the area may have been exposed to measles. >> reporter: the student took bark from the el cerrito del norte station to downtown berkeley from february 4 to 7 during the morning and evening commute. with an average ridership of 400,000 a day, that's 1.2 million people who may have been exposed to the measles. in years past, this wouldn't have been a big deal. everyone was immunized, no questions asked. this is berkeley in 2014 though and many parents opt out of the mmr vaccine. at one berkeley school only half of all kindergartners have been immunized. many parents are like actress jenny mccarthy thinks vaccines cause autism. >> i have always vaccinated. some people don't but i feel for the -- it's for the betterment of all and so i do that. i do that to my children. >> reporter: the disease is airborne and can survive for one to two hours outside the the body which makes the bart connection of concern. >> bart cars have ventilation systems and circulate air regularly. >> reporter: for public health providers, it comes down to this effect: a nearly extinct disease is back again for one reason. >> if this individual had been vaccinated and was exposed to measles abroad wouldn't have been affected and wouldn't have brought the disease to the united states and all this wouldn't have been happening. >> reporter: andria borba, kpix 5. >> back in 2000, the cdc declared measles was eliminated from the u.s. that meant there aren't seasonal outbreaks but there are still widespread outbreaks in other countries. 189 americans were infected last year. 28% of them got the measles abroad. the man charged with kidnapping and killing teenager sierra lamar pleaded not guilty nearly two years after he was arrested. antolin garcia-torres was arraigned yesterday after being indicted by a criminal grand jury. sierra lamar vanished on her way to school in morgan hill in 2012. her body has never been found. prosecutors say they have dna evidence linking garcia-torres to the case. some folks in oakland say they and their neighbors got their money's worth after a private security guard shot a suspected burglar. it happened yesterday on waterhouse road in the city's oakland mar neighborhood. witnesses say the getaway driver abandoned the suspect who tripped over his baggy pants running away. joe vazquez reports. >> reporter: this is the suspected burglar moments after being shot by a security guard. this is a neighborhood declaring victory. >> go for it. if it means taking this guy out, fine, it will be a hard lesson for his accomplices. >> reporter: according to police, as soon as the burglar spotted the security patrol, they took off in different directions dropping the loot along the way. a tv, a telescope, even a couple of rifles. the security guard seen here talking to cops in the back of this police car got in his own security car and followed one of the burglars and eventually confronted him. he says the bad guy pulled a sharp object that was a screwdriver. the security guard shot the suspected burglar in his leg. >> this is a nice area. >> yeah right. >> reporter: neighbors in oakmore say crimes is getting worse for the past three years a block and a half away burglars recently shot an 81- year-old woman in the shoulder, another woman pistol-whipped. >> i'm glad he did. if it was me i would have shot and killed the guy not just shot him in the leg. he would be dead. >> reporter: joe vazquez, kpix 5. >> police say normally security guards are told only to observe and record but when they witness a felony in progress, they can take action. many california counties including most in the bay area have tough restrictions on people's rights to carry concealed firearms. now a three-judge panel in the appeals court has ruled those tough restriction are unconstitutional. yesterday's decision specifically involves a case in san diego county. there and in many other counties, applicants for concealed firearms permits have to show evidence their safety is at risk. san diego county is expected to appeal the case to a larger panel of judges. 4:34. we have to give props to lawrence who brought donuts but yesterday you might have caught him at noon i think you said something about heart shaped pizzas? >> we'll wait until noon for that one but starting out with the donuts early because i'm feeling love today, guys. can you feel it? [ pause ] >> not so much just yet. [ laughter ] around the bay area, if you are just getting up on this valentine's day, it is a cloudy foggy start to the day again, a lot of drizzle outside, as well. we have rain to the north and that's where it will stay up there. out the door, clouds and patchy, dense fog at the immediate coastline and some drizzle there. not too bad over the bay right now but the temperatures are running fairly mild. it is 55 degrees in most spots right there. 55 in san jose. 55 in san francisco. 56 degrees in oakland. and 54 in concord. this afternoon, we'll watch those clouds peel away. the temperatures probably slightly cooler but still nice. 66 degrees with some sunshine into san jose. 59 degrees a little cooler into san francisco today. and about 61 degrees in santa rosa. let's check the roads with elizabeth. the roads are playing some hide and seek this morning with all the fog out there. we can barely see traffic at all coming up and down the nimitz freeway in oakland. if you look closely at the bottom of the screen you can see a few headlights but obviously thick fog making it hard to see this morning if you are traveling in parts of the east bay. this is another live look at some of the fog and some of the traffic. this is approaching the dublin interchange. westbound 580 you can see headlights in the commute direction which is still moving at the speed limit. and again that fog advisory still in effect for the bay bridge. a driver in a stolen u-haul took out a power pole and took out four parked cars here. the u-haul ended up on its side. this all happened yesterday on 14th avenue and east 30th street in oakland near highland hospital, the same hospital where the u-haul driver ended up because of his injuries to his head. "rideshare" company uber is making changes after a crash last month killed a 6-year-old girl crossing a san francisco street. uber says all the drivers will now need to go through county and federal background checks. the company has been accused of negligent hiring following last month's crash. the driver, 57-year-old claimed he was driving for uber and waiting for a fare when it happened. another tesla caught fire. this is the aftermath in a garage in toronto. a model s burst into flames and it was reportedly not plugged in at the time. tesla went on the offensive saying it is worth noting that gasoline car companies experience an average of 5 to 10 times more fires per car than tesla. there were three tesla fires last year that we know about. this one outside seattle got the most attention but the cars are still selling like crazy and tesla's stock price is riding high these days. happening today, president obama will be in fresno to talk about california's drought. he and governor jerry brown are expected to outline some strategies to help the state recover. president obama will be visiting farms to get a firsthand look at the devastation there. farmers have been hit the hardest by the drought. >> i don't really want to start a new career but it's getting to the point where i just want to get out of this. >> devastating. the sleepless nights, the constant worrying, the unknown. >> farmers say only a third of their land can be harvested this year. there's another meat recall connected to a slaughterhouse from a company in pescadero recalling all the beef it produced last year. a lot was sold in bay area farmer's markets. the company says there's no evidence the meat bad or any sicknesses. they say many of its cattle were slaughtered at rancho feeding corporation in petaluma. hundreds of jobs are on the way to the bay area. kpix 5's betty yu on san jose who is hiring seasonal workers for the spring. >> reporter: the robert are looking to up great their front door at home depot which is about to open its doors to more workers 600 seasonal workers. >> it seems like the housing market has rebounded and people are responding to that. >> reporter: this san jose store on hillsdale avenue has a number of positions including cashier, lot attendants and garden associates. >> we are looking for people with good customer service skills, great attitude to meet people, strong retail experience would be good. >> reporter: the company says the pay is competitive and above minimum wage. >> i'm really glad to hear there's more opportunity out there for people especially who are not in the tech industry. >> silicon valley tends to be kind of on the upswing ahead of the rest of the company so more jobs are good for the economy particularly locally and just breezed into other businesses. >> reporter: home depot hopes to fill 80,000 positions nationwide, 2,000 in california. in san jose, betty yu, kpix 5. >> and if you are interested, apply online. we have all the information at kpix.com. click on the "links and numbers." some local penguins sem operated valentine's day a day early. >> human visit -- celebrated valentine's day a day early. human visitors at the academy of sciences in san francisco were encouraged to decorate valentines for waterfowl. they were ready and will to accept them. they are probably using them as nesting material before they read them. were there words? >> i don't know. 4:40. the south bay wants more techies to move in. what san jose is doing to attract more companies and their workers. >> relentless snow and ice storms making history on the east coast. a historic travel nightmare and when the northeast might catch a break. 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[ female announcer ] another way to love mccafé. ♪ volcano erupted on indones's java island today. ash from mount kelud (kay-lood) wentp two dead and three airports closed on java island. ash from the volcano went 18 miles into the atmosphere before falling to earth coating cars and buildings with more than 100,000 people evacuated. the initial blast could be heard up to 125 miles away. travel on the roads and air will be a mess today as a snowstorm blankets the northeast. a live look harper connecticut area. the weather led to the highest number of flight cancellations in more than 25 years. marlie hall reports. >> reporter: ryan stopped for gas after spending hours on the road. >> i have seen lots of near misses, quickly going from clear roads to ice and snow. >> reporter: this second wave comes on the heels of the foot of snow that piled up in many areas along the east coast thursday. >> a band of heavy snow overnight, lots more to plow in the way more to shovel to start the day and then in the early- morning hours most of that snow is starting to taper off around new york and will be moving up through new england. >> reporter: here in new york, the snow is steady and wet. it's left behind a slushy mix of ice and water that will wreak havoc on the morning commute. more than a million homes and businesses lost power during the storm. an estimated half million are still in the dark. many schools were closed but not new york city. mayor bill de blasio defended the decision in the face of complaints from parents and teachers. >> so many families have to go to work. the numbers of these families have to go to work. they don't have a choice. and they need a safe option for their kids. >> reporter: and it will take days for airlines to get everyone where they need to be as nearly 10,000 flights were grounded over the past few days. marlie hall for cbs news, new york. it's your fault! >> what! ! why are you blaming me? >> we're speechless. >> we are. >> they keep on just getting pummeled, storm after storm after storm. we're going to get a storm coming our way this weekend. unfortunately, it may be in time for the chinese new year's parade. so bring an umbrella for that and be prepared for showers. out the door we go. we have some fog and some drizzle early on. looks like hi-def doppler radar tracking your skies right now. and not much in the way of even sprinkles in the north bay right now. so i think we are going to keep things pretty dry with the exception of some of that drizzle outside. so a bit damp approaching the roadways toward the coastline. throughout the day, that fog will begin to lift. some slow clearing. temperatures likely to be slightly cooler today but then more rain expected for the weekend. and probably this next week. flat ridge of high pressure right now. the rain line still mainly to the north. that's going to change over the weekend. we are going to watch it start to drop in our direction. that will bring with it a chance of rain as we head toward late in the day on saturday. around the state, you're looking at 60s even mid-70s into fresno but watch out for some dense fog in the morning. rain in the northern part of the state. computer models showing lots of passing clouds throughout the day on and off on this valentine's day. other than that, it should be a decent day. and then as we get into tomorrow, things begin to change. that cold front dives in late in the day and then toward tomorrow night looks like some rain spreading across the entire bay area. not a big storm but it looks wet. temperatures are going to be running up into the 60s in the south bay, some 50s out toward the coastline. east bay numbers up mainly in the mid-60s too and then inside the bay, a little longer for the clouds to break up about 59 in san francisco. and 61 in santa rosa. as we look out over the next couple of days, we are going to see a chance of rain late saturday into early sunday. then a chance of more rain and some colder temperatures next week. let's check the roads with elizabeth. still warm and sunny for valentine's day. that's right. all right. let's go outside and show you what's going on. we have a lot of fog and roadwork the two big issues now. so the roadwork is in parts of contra costa county both directions antioch bridge closed until 5 a.m. that has been ongoing roadwork so it should be picked up here in the next 10, 15 minutes. in the meantime, here's a live look at the bay bridge, chp issued one dense fog advisory. thick fog this morning blanketing your morning drive between oakland and san francisco. here's a live look at the san mateo bridge. everything is moving at the speed limit still out of hayward if you are traveling the flat section of the span. this is 880. it's a little difficult to tell where some of our cameras are this morning but you can see a few headlights still there at the bottom of your screen. drive time holding steady at 16 minutes. visibility an issue between there and downtown oakland. mass transit if you don't like to drive in this fog, bart systemwide on time. remember to tune to kcbs radio 740-am and 106.9-fm when you hit the roads. bart's police chief is defending the officer who tased a man on a train. kpix 5's christin ayers has reaction and new video of the incident. >> reporter: new cell phone video shows it up close. the bart officer warned a man. what he is about to do and then -- >> taser taser taser! >> reporter: -- he tasted him on january 29. someone called bart police to complain that this man was drunk and harassing riders when an officer tracks the man down on the train, he repeatedly asking him to get off. >> get off the train! >> hold it hold it hold it. >> get off of the train, sir! >> reporter: the man, who is now identified as robert asberry, doesn't listen. so he is tased once. >> taser taser taser taser! >> reporter: and minutes later when he is on the ground again for five full seconds. >> taser again, taser taser taser! >> saw the video, the officer was extremely patient. >> reporter: bart's police chief admitted today that the officer who did the tasing is fairly new but he defended the officer's actions saying even the second tasing seemed reasonable. >> i saw the subject still kicking, struggling with the officer. >> reporter: we also showed the video to don cameron a former bart police officer now a tactical trainer. >> i think both tasings were appropriate. they couldn't get him handcuffed. he wouldn't listen. >> reporter: some of the people on the train don't agree. on the video they can be heard telling the officer that asberry did nothing wrong. the woman sitting next to him insisted asberry was harmless. >> he should have complied. >> reporter: but this san francisco resident told us that does not justify what the officer did next. >> i don't think the second tase was necessary. the guy was already in pain. he was down. >> reporter: christin ayers, kpix 5. >> state regulations give law enforcement one year to conduct an internal affairs investigation. bart hopes to wrap it up in six months. more tech jobs are heading to san jose. western digital's hgst unit announced plans to expand on the city's south side. they want to add two new buildings on monterey road creating 1700 jobs. they make hard drives. san jose will have places for those people to live now. thousands of new housing units are going up. the city is trying to attract more companies and workers especially given the hostile environment in san francisco where protestors have been targeting google buses and some of the other tech companies. executives say the class warfare just doesn't exist in san jose. >> san jose is much more open for that business. it's not as hot of a space. it's a little bit of an undiscovered gem so there's plenty of places for people to live. >> san jose councilman johnnie kay mass points out the city's housing market is almost as hot as san francisco. futures trading points to a weak start on wall street this morning. cbsmoneywatch.com reporter jill wagner has reaction to the blockbuster merger plans in the cable industry. >> reporter: consumer advocates are blasting comcast's plans to buy time warner cable. if regulate's prove the $45 billion purchase the combined cable companies would serve 30 million tv and 32 million internet customers. comcast promises more reliable service and cheaper prices. but some critics say the combined company would have too large a share of u.s. markets which would lead to higher prices. stocks finished the day strong here on wall street. the dow gained 63 points. the nasdaq finished 39 higher. facebook is changing the way you identify gender. users are no longer limited to selecting man or woman on their profiles. the social media giant is adding about 50 different terms people can use to describe themselves. things like bi gender and transsexual. your identity can be kept private. this valentine's day americans will spend $17.3 billion on gifts. the average gift will cost about $135. that's according to the national retail federation which says the amount is up 4% from last year. dating couples spend more than married couples and about 18% of people in relationships don't get anything. that's your moneywatch. for more follow me on twitter at #jillwagnercbs. at the new york stock exchange, i'm jill wagner. 4:52 now. ralph wade one of the best known fathers in tv history died. he was the patriarch on the walton. he was on ncis and bones and recurring role on the soap opera days of our lives. ralph waite dead at 85. the new warning on soda labels proposed for diabetes and tooth decay. >> and the california lawmakers taking on the fight. ,, ,,,,,,,,,, let's get you out the door on this valentine's day. a lot of fog and drizzle approaching the coastline. watch out for that this afternoon. that will start to slightly break up. you'll find more sunshine into the south bay and, of course, that's where you'll find some warmer temperatures, too. 66 in san jose. 68 in morgan hill. about 69 in gilroy. east bay, sunshine and some clouds this afternoon. should be a very nice day. 67 in pleasanton. about 66 in danville. checking in about 65 in pleasant hill and 63 degrees in berkeley. to the north we have a few more clouds. temperatures cooler into santa rosa. about 61 degrees. 57 in bodega bay. and 62 degrees in san rafael. 59 degrees downtown san francisco. a california lawmaker is taking on the fight against sugary drinks. senator william monning introduced a bill to require health warning labels on soda and sugary drinks. supporters of the bill say it's a step in the right direction. >> get them to think about the choices. >> we see it as a critical warning tool to provoke strategy of health education. >> the label would warn that drinking beverages with added sugar contributes to obesity, diabetes and tooth decay. well, if you still need to order valentine's day flowers, good news, there's a new app for that. bloom that is based in the bay area. it guarantees a locally sourced bouquet will be delivered within 90 minutes. right now they offer service to san francisco, palo alto, mountain view, menlo park and sunnyvale. hopefully my husband is watching . >> i doubt it at this hour. >> they are ordered. [ laughter ] >> he has time. 4:56. a suspected burglar picks the wrong east bay neighborhood to look for potential victims. forward thinking kept residents safe and landed the suspect in the hospital. >> a man with measles may have exposed thousands in the bay area. coming up, the symptoms and who may be at risk. ,, ,,,,,,,, one of the best things is that millions of peopleia will qualify for financial assistance. it's important to remember that the lower your annual income, the greater financial assistance you will receive. enroll today at coveredca.com. we know that residents and people in the area may have been exposed to measles. >> a bay area health alert a single bart rider may have exposed millions of us to the highly contagious measles virus. >> an oakland neighborhood says it got its money's worth. a security guard on patrol shot a would-beburg last last night. >> it's a messy morning in the eastern united states. a storm dumped a foot of snow from virginia to new england. >> we'll watch clouds peel away, the temperatures probably slightly cooler but still niles, 66 degrees and some sunshine into san jose. 59 degrees a little cooler into san francisco today. and about 61 degrees in santa rosa. >> you know how they say diamonds last forever? but chocolate tastes so much better? >> happy valentine's day! it's a holiday of flowers and chocolates and retailers are gearing up for a busy day. from across the bay to around the world, the stories that matter on "kpix 5 news this morning." captions by: caption colorado comments@captioncolorado.com your realtime captioner is linda macdonald. good morning, happy valentine's day. i'm michelle griego. >> hi, everyone. i'm frank mallicoat. 5:00. he made the "morning minute" so i'm sure his head is this big right now.lawrence karnow, everybody! >> i'm happy to be here on this valentine's day. a decent day starting off with cloud cover. some thick fog approaching the coastline and some drizzle out there, too, making the roadways very slick. still, the rain line headed to the north. but that will likely change over the weekend. looking out toward the bay bridge right now, we have some mostly cloudy skies, not too fogged there. temperatures a little