it's 4:00. we're startingñçç early to bri you the latest on the b.a.r.t. situation. i'm kristen sze. >> i'm eric thomas. and we thought we might be bringing you b.a.r.t. strike information this morn, but, nope. b.a.r.t. is still in business. the trains are rolling after a strike looked inevitable. a federal mediator says nobody leaves until a deal is done. matt keller is live in oakland with the very latest details. matt? >> reporter: yeah, one union says the deal is extremely close, as both sides are inside, and they're being told that they can't leave until a deal is done. in a statement released earlier this morning, at about 1:00, the atu says the director of the

federal mediatione is close. the district was told they cannot leave until a deal is reached. they made a counterproposal after the last, best final offer. no one is talking about specifics, just that the negotiations are still going. >> the bargaining has produced some constructive and productive progress, and i am authorized by the parties to say they are prepared to continue negotiations through the night. >> we're going to keep bargaining, whether we're out or not. >> reporter: until when? >> until we get a deal. >> reporter: the tone from b.a.r.t. management has been more subdued and at times critical of the unions for a strike deadline. they released two statements. one apologizing to the bay area for union, waiting until the middle of the night to let riders know that trains will be running the next day, and another announcing the trains will run on the normal schedule.

we'll let you know of new developments, reporting live in oakland, matt keller. >> all right, matt, thank you very much. and bless you. let's look at traffic this morning. good morning, everyone. >> happy tuesday. i say that with a question? we dodged yet another day of the b.a.r.t. strike. so far, it's really quiet out there on the roads. i know it's hard to wake up morning after morning wondering if you'll be able to get to work. well, you will be able to get to work if you take b.a.r.t., certainly if you are using your car, things are looking clear. we have areas of construction northbound along 880 from 16th street to broadway, a few lanes will be closed down. that will last until 5:00 this morning, so one more hour you will see construction crews. as we go outside, nothing but crickets now as we look at the bay bridge tolls, a few trucks making the drive out of emeryville and into san francisco, so certainly a very quiet commute. now, speaking of quiet, we have mike pico also quiet. >> i thought you wanted me to whisper.

i notice there were a fewer clouds -- clouds, but cars on the roadways, also. compared to yesterday. good morning be everybody. a live look at the doppler. no radar returns, no satellite, no clouds to speak of. who wants to go to work on a day like today, though? if you like warm weather, especially at the beaches, check out halfmoon bay, 79 degrees. we'll be in the upper 70s in san francisco, richmond, san mateo, everybody else in the low to mid-80s. we'll see how long this will last in the accuweather seven-day forecast. here's the rest of the news with kristen. and word was late that there would be no strike, and many commuters are finding themselves in a place of uncertainty and frustration. amy is live awith more. amy? >> reporter: the third workday in a row of commuters not know until late at night, or early in the morning, whichever way you split it, whether they'll have trains. of course, they will have them

this morning. no one's here yet, but it will be interesting to talk to people this morning to find out -- where the patience levels are at this morning. we have noticed that people have been relieved -- relieved when they find there are trains, but also frustrated that the yo yo effect keeps going on with them and their commute. people who ride b.a.r.t. say they don't know what they would do without it. people we talked to all this week. they've definitely been feeling grateful they've had the trains, but we're hearing about frustration this week. people just want this to be over. >> i work in the city. i'll just have to call in sick. we all just need to get along together and come on a decision, like, seriously. >> reporter: we are noticing a take-one-day-at-a-time attitude of some riders at the b.a.r.t. stations. we're also noticing riders are very tired. some are staying up late or some

are getting up early to find out how they'll do their commute each day. at least the next 24 hours look like they might be a little different. that's because no strike deadline has been set this time. so maybe tonight riders will be ail to get a full night's sleep. reporting live in walnut creek, amy hollyfield, abc 7 news. >> that would not be nice, amy. thank you. abc 7 news has learned that all available chp officers will patrol bay area roads to make sure traffic moves smoothly in the event of a strike. they'll be stationed along major roadways and freeways to quickly clear debris, fender-benders and stalls. and they're encouraging people to use casual carpooling, with so many more cars expected to be on the freeway if there is a strike. carpool lanes will be enforced all day from 5:00 a.m. to 7:00 p.m. on interstates 80, 880, 680. of course, a complete list of commute alternatives for you at abc7news.com. you can also download the

exclusive abc 7 news ways map to navigate traffic and follow developments on twitter. a portion of b.a.r.t. riders could take the bus if there's a strike, but a.c. transit may go on strike this week. a.c. transit drivers, mechanics and dispatchers have threatened to walk off the job tomorrow at midnight this their contract talks are not resolved. that would mean no service beginning thursday. union rank-and-file had voted down a tentative deal, unhappy with the cost of health care and the level of worker safety in light of recent shootings involving a.c. transit buses. new this morning, san jose firefighters say downed power lines created a hazardous situation that hampered efforts to put out a barn fire last night. the large barn at emotta avenue and monterrey road was engulfed in flames at 10:45 when the fire department got there. it was being used as a restoration workshop. it brought down power lines and firefighters had to stay clear. the barn burned to the ground,

but there were no reports of injuries. the fire was declared under control after about two hours. a triple shooting in san francisco's western addition neighborhood turned into a homicide investigation this morning. three people were shot at 7:30 last night on rose street at buchanan, and one of those people died. police spent the night talking to witnesses and gathering evidence. they've made no arrests. work is set to resume today at levi stadium in santa clara following the death of a worker. 60-year-old edward lake jr. of vacaville died after rebar he was unloading yesterday morning fell on top of him. lake was a truck driver at gerdau in napa. sky 7 hd gives us an overhead view. project leaders say they'll discuss the accident this morning, and safety measures, and grief counselors will also be there. >> it's tragic. i mean, we had a fellow co-worker lose their life. and i think that saenk in reall

quick, and it's pretty emotional. >> it's the second deadly accident of the stadium site in four months. in june, a worker died when he was hit by an elevator counterweight. last week, regulators announced the companies involved will not face sanctions for that accident. a minor earthquake shook the east bay early this morning and triggered at least two smaller aftershocks. the u.s. geological survey says the magnitude 3.2 quake hit at 7:01 a.m. it was on the hayward fault. people from san pablo called the abc 7 newisroom to report the quake. there was another minor quake last night. and you did not feel that quake in. >> not at all. but the others in the east bay, we can ask when mike's turn comes up. here's leyla with a look at the traffic. >> good morning. we don't have a bart strike today, so we are looking at all bart trains that should be running fairly soon. we also have very clear conditions on the roadways. we do have some construction, as

well. so as we take you in san and heading to the altamonte pass, already looking quite busy approaching grant mine road, just 8 miles per hour. i don't know if folks are thinking there would be a b.a.r.t. strike and anticipated some traffic this morning. you might be able to stay home, have that extra cup of coffee, and it's business as usual. but the rest of the drive, you can see, it's moving along fine. 66 miles per hour. a little bit of eastbound slowing, as well. outside we go. here is san jose where it looks like 101, again another empty ride pretty much in both directions there. as you make it away from 880 toward the san jose airport. mike? >> all right. thank you very much, and good morning, everybody. the winds are apparently calm in our valleys. look at this, calms up 207 miles per hour in hayward. around 20, 2,500 feet and higher. so most of us are not worried about the gusts this morning. let's take a look at our temperatures in belmont.

60 degrees right now? yeah, up in the higher elevations, the warm air rises overnight, so up in the hills, you're at 60, and everybody on the peninsula in the mid to upper 40s. san bruno 54. looking around the coolest weather. santa rosa, napa, 41 degrees. 46 in half moon bay. 49 in livermore. 43 in san ramon. temperatures are running 1 to 4 degrees warmer than they were this time yesterday. the way it looks from the roof cam. you can see how quiet it is in downtown san francisco, as we break down the day planner. 38 in the north bay, to 55 for the rest of us. total sunshine, 68 to 72 at noon. 70 to 80, that's all our spread is at 4:00. grab the coat during the evening hours, we'll be seeing stars and feeling cooler, 60 to 72. kristen, eric? >> mike, thank you. it's 4:10. next, the new two restauranteurs could have to help them decide where to go out

to eat. and computer glitch delays california benefit checks. now we're learning it could have been prevented. and a glimmer of hope in the u.s. debt crisis. the deal in the works

good morning. it's 4:13. a live look here at the bay bridge eastern span. some folks, of course, taking the span. if they wanted to, they could take b.a.r.t. to get across the bay, because trains are running. no strike, and negotiators are still talking nonstop. so we'll keep you posted on the progress right here on abc 7 news. santa clara county will hold a series of public workshops to discuss a grading system for restaurants. county officials have expressed preference for a grading system which would involve putting colored placards at details,

with numerical scores posted online. they say the purpose is to give incentives for restaurants to improve their services while making it easier for consumers to compare their choices. there's growing optimism in washington this morning there could be a temporary solution to the government shutdown and the looming debt crisis. but lawmakers now have less than 48 hours to increase the country's debt ceiling or face the potential catastrophic default. abc's tamon bradley has the latest. >> reporter: this morning, senate leaders harry reid and mitch mcconnell may be closing in on a deal. the emerging agreement would reopen the government until january 15th and avoid default by extending the treasury department's ability to borrow money until mid-february. in the meantime, republicans and democrats would begin talks on a broader budget deal. >> everyone needs to be patient. >> i think it's safe to say we've made substantial progress, and we look forward to making more progress in the near

future. >> reporter: under the potential framework, there would be no major changes to obama care, a big concession for republicans. it's still an open question whether the gop-controlled house would approve such a measure. >> -- to the white house. >> reporter: but republicans may be eager to strike a deal, because the latest abc news/"washington post" poll shows 74% of americans blame them for the shutdown. if congress fails to act in just two days, the u.s. will run out of money to pay its bills. experts warn it would set off a domino effect, the dow plunging maybe 600 points, higher interest rates, making mortgages and car loans more expensive. consumers spending less leading to job loss. >> my greatest fear is that small businesses like the one like the one my husband and i own will be significantly impacted. >> reporter: today, gop lawmakers will receive a briefing about the tentative reid/mcconnell deal. it's unclear whether speaker boehner will allow a vote on

this possible agreement. tamon bradley, abc news. a new computer upgrade for the state's unemployment insurance program was vulnerable to problems before it was installed. the "sacramento bee" reports it underestimated how many claims would be affected by the glitch in the upgrade. the data-conversion problem eventually delayed jobless benefits for nearly 150,000 californians. the agency announced early this month it had cleared the backlog of claims. uc berkeley police are warning students, faculty, staff about yet another robbery on campus. it happened sunday night on university avenue near moffett library. police say two men shoved a gun in the victim's chest, threw him to the ground, and stole his cell phone. the victim was not hurt, the robbers got away. it was the third robbery at or near the cal campus in less than one week. two women were robbed last week while walking on or near campus.

4:16. dodged the b.a.r.t. strike bullet this morning. let's find out from leyla. >> yes, we did. and it must be difficult to wonder every single morning if you'll be able to get to work. i was up late last night wondering the same thing as you. good news. we dodged yet another day tore a strike. let's hope it stays that way. 12 trains are now running. what we do have, though, is a complete shutdown of eastbound side 80, highway 12. that's where we have the construction project that will wrap up at 5:00. detours are in place. here's a look at your drive along 101 as you're making away from sfo and into san francisco. well, we've got pretty clear conditions, as well. only ten minutes to make it from the airport to 3rd street. and outside, looking at the golden gate bridge, where again it's another quiet commute coming away from the north bay through marin county, the waldo tunnels into san francisco. there's really no one in sight right now. now, we do have mike nicco in sight with our forecast. good morning, mike. >> good morning. let's talk about what's going to happen as far as getting out the

door this morning. we're going to have a lot of sunshine out there as we head towards the afternoon hours. but this morning, not a cloud to be found. a little bit of wind, but up in the high early investigations. visibility just about limited everywhere. a little haze hanging around santa rosa, showing up live on live doppler hd right now. the visibility is down to 7. so look at how clean the air is, we'll use that as the backdrop for the forecast highlights. warm sunshine. lighter, even in the higher elevations, the winds will come down during the speeds we've been dealing with in the overnight hours. again, why we didn't have the high fire threat, not too aggressive. another cool morning tomorrow. the weekend is looking dry, but not quite as warm as yesterday, today, and tomorrow, probably the warmest days in our forecast. high pressure. two of them now. one over the ocean keeping the main storm track to the north. one over the great basin, steering our localized offshore wind event, and that is definitely a warm pattern for

us. check out the temperatures today. we'll be in the 80 to 84-degree range in the south bay, from 80 millipedes, gilroy, 84 degrees. we'll even see 80s on the peninsula today. pools still open, a nice day to head there. upper 70s over in san mateo. check out half moon bay, 79 degrees. if you love to go to the beach when it's warm, there you go. for today. even pacifica at 76. daily city at 75. sunset at 76. ocean beach quite warm today. upper 70s around downtown, south san francisco. simpson beach about 72. bodega bay around 68, one of the cooler spots. 78 in sausalito today. low to mid-80s through the north bay valleys. along the east bay shore, the string of 80s everywhere, except for hayward, berkeley, richmond. you're 78 and 79. all neighborhoods in the east bay valleys will be around 82 to 84 degrees. good news. tonight, if you can, keep the windows open, enjoy the fresh air. inland, in the lower to mid-40s

in our valleys. the rest of us in the upper 40s, mid-50s tomorrow morning. a lot like what you'll deal with when you step outside this morning. temperatures will slowly pull back, a degree or two, tomorrow. a degree or two thursday. we'll hold steady friday. all the way through the weekend. still, no rain in sight. in sight. hope you have a great day. here's kristen and eric. >> you, too, mike, thanks. at least 85 people are confirmed dead following a large earthquake in the philippines. authorities say the 7.2 magnitude quake struck in the sebu province, and reports of 10 aftershocks. offices and schools were closed for a national holiday, which may have contributed to a lower number of casualties. it's 4:20 now. it's marketed as giving you unrelenting energy and focus. coming up, the ingredient in a popular sports supplement that researchers say is putting the health of users in danger. also, macy's is pulling out all of the stops this holiday season. what the department store is doing for the first time in its 155-year history.

and from a perfect score to being shown the door, the popular star who's been given the boot

it's 4:23. "dancing with the stars" fans are stunned after a first couple to earn a 10 this season was eliminated last night. they were first kicked off -- they started the show with a rousing cha-cha-cha. they had a total of 28 points from the 30, but when it came time for the fans to weigh in, they voted her off. christina says she was shocked, but said she's proud of herself for coming this far. now it's down to eight couples. you can catch "dancing with the stars" next monday night at 9:00 here on abc 7. >> all right. 4:23. let's get traffic from somebody who would own that show if she was on it. >> ahh! >> leyla. >> thank you, eric. i don't know about that. i'm a little bit out of shape.

anyways, what's really in shape is our traffic. it looks great right now. of course, that is because it's so very early. it's not even 4:30 yet. looking behind me, we see nothing but green, and that means you are at top speeds. we do have 16 b.a.r.t. trains running on time. so, yes, we have one more day with b.a.r.t. westbound side of 80, though, from highway 4 to 580, we have some construction out there blocking a couple of lanes. that project will wrap up at 5:00 this morning. here's a look at our drive-time traffic. so 580 already quite busy, not sure if folks coming out of the central valley were anticipating a b.a.r.t. strike. but already, almost 40 minutes from tracey to dublin, highway 4, 101, looking clear. a quick look outside. and this will be your picture coming right across that san mateo bridge. it is wide open, as you make it into hayward. mike? >> all right, thank you very much. good morning to you again, if you're traveling today, check out live doppler 7 hd, and all of the corresponding dopplers that cover the entire state. they're all seeing the dry weather. look how far out into the ocean

the clouds are, and they're being chased even further away as we head towards the afternoon hours. how about low to mid-80s through the central valley, to los angeles, 87 in palm springs. sunny, 78 in san diego. monterey, 76, sunshine. eureka sunshine, 68. yosemite 71. safe travels. kristen, eric? >> 4:25. scientists say a popular sports supplement sold in nutrition stores around the u.s. and in the world is spiked with a chemical similar to methamphetamine. it goes by the name of craze. researchers say it's being created in clandestine laboratories, but a company that makes craze says there's proof from a certified dea lab showing no amphetamine-like compound in craze. tourists visiting the big apple are increasingly looking to rent space in strangers'

homes and apartments to avoid paying steep new york city hotel rates. those tourists are using websites like san francisco bay's airbandb to find rooms for as little as $70 a night. but police say they're breaking the law but avoiding taxes. they want the website to turn over data to determine whether residents are breaking state laws. airbandb has launched a petition drive to change a poorly written law. another major retailer will open its doors thanksgiving, for the first time in its 155-year history. macy's will open its doors at 8:00 p.m. last year was midnight. they say it's putting profit before people by forcing store employees to leave their families for their jobs. a macy's employee told abc 7 news she's hoping she works on thanksgiving to experience the shopping rush.

toys "r" us started the shopping tradition two years ago. >> target, walmart, doing the same. 4:27. no strike, but still no deal. next at 5:00, we're live with the latest on the marathon b.a.r.t. contract talks going on right now. also, crime-fighting tool or an invasion of privacy? the bay area police department that wants to install surveillance cameras in some neighborhoods. and police find more dry ice bomb n: i train with the best, a team that shares my drive and commitment.

that's why i serve in the united states coast guard. maybe you were born ready. find out at gocoastguard.com. this is your computer. let's go on the internet. let's go. ok. she's going to love me all over again now. jamaica, here you come! here we go. ha ha! good job. all right.

>> it is 4:29 on this tuesday. thanks for joining us. >> no bart strike this morning. bart and union reps are 14 hours into the negotiations with new indications they are staying until they get it done.

abc7 news reporter matt keller is in oakland. matt? >> the federal mediator says no one can leave until a deal is done. both sides are here this morning and inside and are talking. one union says that a deal is extremely close. the union says federal mediator told the district and unions they cannot leave until a dial is reached. bart management hack subdued and critical of the union for a strike dead line but they are here after the unions made a counter proposal. bart management gave the unions last, best, final offer on sunday and at 1:00 o'clock bart riders waited for word on if the trains were running. >> at the request of the federal mediation and conciliation service and because of all of our concern about the public interest, i am authorized to announce that trains will run tomorrow. >> he said that bargaining has been constructive and productive and union leaders say they