developing news in the east bay where the chp's investigating a road rage shooting that sent a woman to the hospital. it ended in richmond off petrow avenue but started at 880 in hayward. investigators say two young women in a black honda got into a road rage incident with someone in a white pickup truck shortly before 10:00 last night. one woman was shot in the leg and called 911 and pulled over in richmond where the shooting victim was taken to the hospital. she's expected to be okay. the driver of the white pickup truck kept going, though, and the chp is asking witnesses to come forward. negotiators go back to the bargaining table this morning before a 60-day cooling off period expires. the two sides have been trading proposals and counterproposals and there's some progress to

report. abc 7 news reporter amy hollyfield joins us with more. >> reporter: these are the people that want to know about the progress, the b.a.r.t. riders, they want to know will there be trains later this week or not? the union has scheduled a press conference to discuss what's going on. both sides were at the bargaining table yesterday and they did report some movement. late in the day the union said it made a third counterproposal that they've given to b.a.r.t. management and it seems to have b.a.r.t. management's attention. >> our current proposal is 3.75, 3.75 and 4% over a 3-year contract. >> we appreciate the movement shown in that proposal. we are studying the numbers. we're doing the research and we'll be back at the bargaining table. >> the cooling-off period has one week left in it.

if no agreement is reached, the unions have said they will walk off the job next friday the 11th. the unions have said they don't want to strike but they do want a fair contract, so that strike could happen in a week but they will be reporting on updates regarding the negotiations later this morning. live in berkeley, abc 7 news. a strike may be looming for ac transit riders now that union workers have rejected a contract offer for the second time. the latest proposal included a 9.5% pay raise over three years. union leaders had encouraged workers to accept the offer and they'll now meet to accept the next step. the federal shutdown enters the third day this morning with no end in sight. president obama held a white house meeting with the top four congress at leaders last night but it produced only more bickering. house speaker john boehner left the gathering saying he refuses to negotiate. harry reid said democrats won't change the 3-year-old health care law as a ransom to reopen

the government. meantime more bay area residents are feeling the impact from the shutdown the latest having to do with canceled weddings and the closure of a local landmark. we're live in the newsroom. >> as you and i well known, some people dream of their perfect wedding their entire life. probably few predict a partial shutdown of the federal government will impact their wedding day but that's what's happening for couples planning to tie the knot at federal venues in the bay area. one wedding has been canceled at sutro heights and one at china beach and the muir beach overlook and a wedding planned for the maritime museum had to be relocated, it's not an upgrade at a private home with challenges like the little kitchen. >> redesigned to make it work in a closed setting because that's the size of our kitchen. >> speaking of having a good meal the cliffhouse served its last meals last night. for now the building is a

national park property its website reads closed due to federal shutdown. not clear how it stayed open the first two days of the shutdown. these are only some examples. abc 7 news viewers are talking about how it's affecting them. kim writing on her facebook page i'm unemployed so our government was impacting my life before this happened, how getting back to work and creating more jobs? orlando writes no effect on me, at least we are not paying the overpaid government employees. lots of opinions out there so you can post your comments on our facebook page as well. >> katie, thank you. and stay with abc 7 news for the latest developments on the government shutdown on line and on air, and we'll have a live report from washington at the top of the hour and you can get breaking updates at any time by following us on twitter. california's new health insurance exchange greatly

overstated the number of hits received during tuesday's debut of the covered california website. instead of 5 million people, state officials now say only about 646,000 people actually visited the site. the error was blamed on an internal miscommunication. late yesterday delays and technical glitches were still a problem creating a second day of frustration for consumers hoping to sign up for coverage. if you have questions about the affordable health care act, want to sign up or just compare plans go to our website abc7news.com. rampage in the heart of silicon valley. palo ato police count 70 cases in september the highest number in five years. the biggest trouble spots the city parking garage on bryant street and the oak creek apartments parking lot on sand hill road. police believe groups of car burglars are targeting the affluent community believing more likely to find valuables and with all the venture capital firms in stanford nearby the area has lots of out-of-town

visitors who lock valuables in their rental cars. police suggest you carry your laptop rather than leave it in the car. >> it's 4:36. the supervisors will look at the way police investigate accidents involving bicyclists in the city, which comes after a cyclist was struck and killed by a truck in august. initially police did not cite the truck driver until surveillance veddio showed the accident was discovered by a member of the san francisco bicycle coalition. police later concluded the truck driver was at fault. today's hearing will look at police protocol for these investigations. the city recently announced plans to add a new bike lane between 4th and leffe11th on fu. fbi agents arrested 29-year-old ross olbrick accused of running silk road. they say criminals used the

website to trade drugs and offer illegal services like forgery. olbrick is accused of using the secret site trying to hire someone to kill a former silk road employee who he thought was stealing. the website is now shut down. the fbi said olbrick made tens of millions of dollars from drug sales alone. public support for jean kwan has eroded over the last year. she's less popular than ron dellums at the end of his tenure. two out of three people viewed the mayor unfavorably. 46% said they were definitely not vote for kwan next year. only 5% say they would definitely vote for her. the mayor's re-election prospects are strengthened by the lack of a big-name challenger, brian parker and joe toomen are her main contenders. we are close by on the dry bay area hills, mike?

>> wind advisory along with the red-flag warning, this includes 6:00 and includes the same areas. the winds may be up to 45 miles per hour but it will end before the red-flag warning 3:00 tomorrow afternoon. check out the wind gusts and you'll see them out over the ocean but you'll also see them coming in through the central valley and spreading across the north bay mountains and the east bay hills in the diablo range as we head into tomorrow morning. tomorrow morning is when the winds should be the fastest with gusts 46 at fairfield and 38 at napa and 25 at santa rosa and 30 to 35 in san francisco and half moon bay. your day planner for today, starting off in the 50s and sunshine. it won't be quite as colorful the sunrise this morning without the lack vof high clouds. 62 at the coast and low fills for us and 70s away from the coast at 4:00, 60s there all of us dropping back to near the 60-degree to 70-degree mark by

7:00. the three warmest days are friday, saturday, and sunshine. good morning. >> good morning, mike. yes, indeed, quite gusty out there we don't have chp issued high wind advisories but we've got an accident taking up a lane southbound along highway 17 at camden avenue and we are backed up from hamilton. the fire department is on scene of this crash because it's reported minor injuries are involved. along southbound 880 between embarcadero to high street where we have some construction which will last until 5:00 this morning and northbound the traffic has picked up along the maze. it will be a good drive. and to the bay bridge toll plaza it's empty coming out of emeryville and san francisco just a few scant cars there to make it into the city. >> it's 4:39. just a stunning story next. a pregnant dog found tied to a bench and abandoned while giving

bir birth. the story you'll only see on abc 7 tdzhokhar tsarnaev asked fo leniency. and a tesla

welcome back, it's 4:42 on this thursday. lawyers for boston marathon bombing suspect dzhokhar tsarnaev are asking a judge to lift prison restrictions on the 20-year-old arguing they are overly harsh and have left him completely ice stated. they say he's been confined to his cell except for visits from them and limited access to a small outdoor enclosure. an internal justice memo was

released to justify the restrictions. he said he told fbi agents that he remained committed to jihad and he expressed hope that his action would inspire others to engage in violence. newark police are looking for the person behind a shocking case of animal cruelty. a pregnant dog tied to a park bench while giving birth to puppies. allen wong has the story you'll see only on abc 7 news. >> reporter: things were not this cozy when officer jennifer bloom pulled up to a park in newark and found an abandoned german shepherd tied to this bench, it was pregnant and in labor. >> you know, we go through training on how to if we ever have to help a woman deliver a baeb but we've never had to deal with puppies. >> reporter: bloom who spoke to us via facetime said the dog was in distress and she was trying to bury one of her pup pis thpi was already dead. she took it to the veterinary

hospital in fremont. >> i heard puppies screaming in the back and i knew she was actively giving birth to more as i was driving over there. >> the police officer knocking on the back door, she was a little freaked out just like i was. >> reporter: beatrice said the german shepherd appeared to be a first-time mother less than a year old. after delivering three puppies they had a strong decision there might be more. >> there's four fetuses you can count in here. you go from skull and down the spine. >> reporter: she had a total of nine puppies, two did not survive. >> been a great mom. she had a rough time, really rough time. >> reporter: police are investigating this as a cruelty to animals case. there was no microchim p or tago the veterinarian workers named her bristol and in the east bay allen wong, abc 7 news. meantime, two pit bulls that

attacked a martinez boy will be put down. the dogs mauled 10-year-old hunter kilborn while he was visiting a friend in antioch in august. the owners have decided not to appeal the decision to euthanize them. the lawyers said the owners are upset but it's taking too much out of them to keep fighting for the dogs. tesla is responding to a viral video showing one of its model s sedans on fire. it happened in seattle after a piece of metal in the road punctured the car battery and caused it to burst into flames. this morning tesla said the fire was the result of an accident and not a spontaneous event. tesla said the flames were contained to the front of the $70,000 because of its design and construction but this video drove tesla shares down 6% in trading yesterday. as the oakland a's prepare to open at home tonight, so are the officials at the coliseum. the tarp will be removed to allow 48,000 fans to attend.

coliseum officials have made upgrades that include the use of security entrances with metal detectors. they also completed a full review of the recent plumbing problems we've reported on at the coliseum. they say the incidents with leaking sewage were man made and not a product of faulty infrastructure. with a's play-off fever sweeping the bay area, the only cure is a healthy dose of green and gold even pets are getting in on the act. here's the picture of a die hard oakland a's fan getting ready for the postseason. send your fan photos to us or share them with us on the abc 7 facebook page or twitter at abc 7 news on twitter. >> i like that. >> i like that. >> all right, that's tomorrow night. we'll watch weather for that, mike. >> it's going to be great. beautiful autumn evening i guess is the way you could explain it tomorrow. good morning, everybody.

here's a look at our radar and satellite. notice the storm track that was up to the north over vancouver, seattle, and portland bringing in rain has finally moved inland but because it has it's created the tight pressure gradient over our neighborhoods and that's why our winds are a little bit faster this morning. 12 miles per hour in fairfield, novato, half moon bay, about 18 in santa rosa where it's been gusting up to 20 from time to time. your temperatures much warmer than it was this time yesterday because of the winds, not too many 40s around santa rosa this morning. a lot of 50s up there. let's focus in on san francisco first if you're coming in through the ferry building, 58. if you are heading downtown portrero hill, glen park, mission, about 54 degrees. and cool spots park presidio and forest hill, 50 degrees. healdsburg 55 because of the winds and american canyon 46 and the sheltered east bay valleys, walnut creek 47 and palo ato 45.

and not bouncing too much but by the afternoon hours it will definitely be showing signs of the winds. fire danger today through saturday, that's our number one highlight above average warmth friday through sunday. and then cooler next week. i really don't see any rain in the forecast. here's the area of low pressure finally getting caught in a jet stream and sliding off to the east. notice the high pressure just to the west of it because of the tight gradient the winds will develop heading into the afternoon hours. it won't do much to today's temperature. near 80 los gatos, morgan hill and gilroy. midfills for the rest of the south bay like san jose at 76 and santa cruz 74. low to mid-70s on the peninsula. sounds a lot like yesterday? it is. it will be almost exactly the same temperaturewise. 68 in half moon bay to low 70s in downtown south san francisco, 72 in sausalito, and mid to upper 70s in the north bay valleys and ten degrees cooler at your beaches and along the east bayshore mid to upper 70s

the other area that will be slightly warmer today. mid-70s to 80 in our east bay valleys. notice tonight's temperatures will be warmer, most of us in the 50s because of those breezes. here's your acu-weather seven-day forecast. notice the temperatures peak about saturday. the best day to be at the beaches. a few clouds will gather along the beaches sunday that will bring a cooling trend to you. the rest of us will get a cooling trend monday, tuesday, into wednesday. we're starting off with construction and we also have report of an accident here. we'll get to that in a moment but first i want to take you over to 580 if you are heading along in the westbound direction you'll find this construction project blocking a couple of lanes between hacienda drive and san ramon. it's not causing any delays it looks like things are getting picked up as we speak. it is supposed to last until 5:00 this morning. no slowing as you make it over the altamont pass and through livermore and into pleasanton. let's go to the major accident which is three minutes ago southbound along the nimitz away

from the maze. we'll keep our eye on that and don't forget you can track your own traffic with the abc 7 app go to bloog play or the app store. here's a picture of the san mateo bridge coming out of hayward and just about 14 minutes will get to the high-rise. san mateo prosecutors say it may take two to three weeks before they decide to file criminal charges against a san francisco firefighter in the death of an asiana airline crash survivor. the autopsy obtained by the abc 7 news i-team shows 16-year-old mengyuan ye died when a fire truck driven by 49-year-old elyse duckett ran her over. prosecutors tell the i-team they're considering an involuntary manslaughter charge. the family's attorney tells the i-team he's prepared to file a claim with the city and county of san francisco, the first step to a lawsuit. this new video this morning stemming from the assault on a driver in new york.

prosecutors dropped the charges yesterday against one of two men arrested after the driver of an suv was dragged out of his car and beaten by a group of bikers. the other man was charged with reckless driving and unlawful imprisonment. officials are investigating this video found online. it shows that bikers driving on the wrong side of the street running red lights and speeding down sidewalks. at one point the bikers also circle around a car just like sunday's incident. now, it's unclear if these two groups are affiliated, but this video is now part of the police investigation. 4:51. coming up a major medical break through offering new hope to some women struggling to have a baby. how stanford researchers are helping infertile women get pregnant. and designer babies the

4:53 on the abc 7 morning news. light traffic on interstate 680 in the east bay and walnut creek

area. laila is checking traffic across the bay area and mike will have more on the red-flag warning coming up. the san jose sharks are opening the nhl season at home tonight and kicking it off with a pregame street rally in front of the s.a.p. center. the sharks open the hockey season by hosting the vancouver canucks and they looked sharp last week shutting out the canucks 5-0 in preseason action and the san jose are chasing the stanley cup after losing in the first round last week. i like it. let's check in with mike for the autumn weather. >> we'll start with looking from the east bay hills from vollmer peak and the winds just aren't quite up yet but they will be and notice where they'll bring warmer weather, oakland 2 degrees warmer and san francisco 3 and fremont also 3 but heading towards san jose 76 and concord

78 and santa rosa 78, one to two degrees cooler than yesterday. it's pretty quiet across the entire area, it will be breezy in the central valley if you are heading that way. 52 in tahoe, 69 yosemite. a sunny and 68 in monterey and still pretty cool down south upper 50s to mid-70s in san diego and l.a. >> we had a major accident along southbound 880 along 14th street and wouldn't you know it, i saw some slowing as well on these maps. as you can see very slow traffic coming away from the maze. we do have a possibility of an accident out there. we're still trying to get further information from the chp but it looks like it's a slow drive in that area. as we take a look at our drive time traffic along 580 tracy to dublin is not 11 minutes, i bet you it's more than that, possibly maybe 24 minutes. we'll find out for you along highway 4. we are also moving along at about 14 minutes to get you from antioch into concord, 101, though, that looks correct 16

minutes southbound from san rafael into san francisco. >> it's 4:55 now. researchers at stanford university have developed a new technique that coaches the ovaries of an unfertile woman into producing eggs. researchers treated 27 women with early menopause. so far one woman has given birth and another is now pregnant. here's how it works. scientists remove an ovary, cut it into strips, treat it with drugs and then reimplant it. hormones are used to help the eggs develop. researchers hope to refine the technique so that ovary removal is unnecessary. this one is controversial. 23 and me, a personal search is letting parents select their children. it allows couples to have their sperm and egg genetically analyzed. critics are concerned that couples will start picking donors based on certain traits. the system is designed to help

parents choose baby traits ranging from hair and eye color to the risk for certain diseases. the bay area as you know is home to some of the fittest people in the nation. a new study finds san jose and san francisco are among two of the fittest large cities for baby boomers. san jose ranks number one, san francisco number three. the study by the american physical therapists association also found that san jose has the highest life expectancy at 82 and a half years. other cities in the top five include minneapolis, denver, and boston. it's 4:57. we're following breaking news from italy where a rescue operation is on right now after a boat carrying hundreds of immigrants catches fire. we'll show you new video we have just gotten in to the newsroom. the warning going out to car owners on the peninsula this morning, the affluent community

thanks for joining us, i'm eric thomas. let's begin with breaking news off the coast of italy a massive rescue operation under way after a ship packed with hundreds of immigrant sinks here sicily with deadly results. >> kristen, there are different numbers coming out right now. there are reports of 78 bodies being recovered at the scene there but one italian official says 94 people are dead. we know some 160 people have been rescued and that rescue operations do continue right now. helicopters and rescue boats are continuing to search the accident scene and also local fishing boats have pitched in. more than 260 people are missing. the boat is actually