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 will

keep bargaining until a deal is done. to give you an idea how taxing the negotiations have been we watched a p.r. people come out and she will go home and take a 20-minute nap and return. she says her team is still inside talking. we will keep you updated on the developments in oakland. thank you, matt. so far, cringe its -- cricket >> it is quiet, lots of green on the map. as far as bart, we have 19 trains that are running and taking you into san jose, we are looking at clear conditions. we have slowing. northbound along 85 approaching cupertino 280 we have possibly a construction project but in word yet on that as we look at the dumbarton and san mateo bridge everyone is running on time. outside, from emeryville camera to the bay bridge, clear

conditions and early project westbound direction and that is cleared with one project eastbound. mike? >> thank you very much. good morning, everyone, it is quiet on the weather strike, we will look at live doppler 7 hd showing you how nice it is going to be to get around with stars and a lot of sunshine. here is a look from the exploritorium, look at the bay water and how often do you see it look like glass, that is how calm it is this morning as we look from the exploritorium to the port of oakland. today, inland, sunshine, 80 to 84 and around the bay 78 to 83 and from 68 in bodega bay to 9 in half moon bay warmer-than-average. enjoy the sunshine. >> thank you very much. commuters are weighing up to a tense coin toss the past few mornings. amy hollyfield is talking with riders of the frustration and joins us from walnut creek.

amy? >> yes, riders are saying they are tired. this is the third weekday in a row they had to stay up late or wake up early to find out if they have bart trains to take them to work this morning or today. they do have trains this morning. they are running. people say they are grateful but some say they don't know how long they can keep doing this. >> it is stressful. you are up half the night wondering, the first thing i do in the morning is check the computer and make sure there is not a strike. it is not file favorite. >> are you over it? >> i am over it. >> we talked to a lot of bart rider whose cannot work from home and many were not sure how they would get to work without bart. it is crucial for them. a lot of people are feeling grateful, each morning they wake up and hear they are going to have trains and maybe the next 24 hours will be different with no strike dead line set this

time, and the commuters may be able to get a full night sleep tonight. >> here is what you need to know if you are making strike backup plans, bart has 200 buses chartered and ready to go from nine stations el cerrito, concord, lafayette, walnut creek, west oakland, dublin, san leandro, and fremont. get your round trip in the morning, the only way you can get back on coming home. friend-based ferry has 12 bets providing service ratherren that usual eight with an additional landing at the san francisco ferrieding. car pooling is a popular alternative with more cars expected to be on the freeway, and car pool lanes will be enforced all day from 5:00 in the morning until 7:00 in the evening on interstates 80, 880 and 680, with a complete list of resources to help you get around

at abc7 news.com . you can download the exclusive abc7 news waze app to navigate the traffic and follow breaking develop the months on twitter@abcnews. bus drivers could walk off the job by thursday. the bus agency played a critical role when bart employees went on streak in july. we are in oakland with that story. nick? >> the people who are hit most when tran it goes out on strike are those who depend on buses as the primary form of transportation, either as a life-style choice or as no other way to get around. either way, it will displace thousands of commuters if there is a strike. now, on monday, the transit gave 72 hours notice of a strike if a deal is not reach before then. a strike is never convenient the timing is particularly bad because it could mean a double

strike if a deal is not reached with bart management. there are no scheduled talks and the direct is not commenting. >> unless there is change we are not aware of that is for the coming, at 12:00 a.m. on thursday the buses will cease to service the community. >> their decision to strike came as the bus line and unions had two agreements after the contract expired in june but bus drivers and other unions rejected both of those deals. a.c. transit buses provides a critical link across the bay brick during the bart strike the first woke of july. a.c. transit carries more than 100,000 people each day and was expected to pick up most of the weight of dismissed riders during a bart shut down. coming up at 5:30, you will hear from commuters caught in the middle and like amy said, simply frustrated by the whole thing. in downtown oakland, for abc7

news. >> switching gears, at 4:37, officials in fremont are considering a proposal to install surveillance video around the city and are asking the city council to install the cameras in low-to-mid moderate income areas in request to a recent rise in home burglaries and not intended to target a specific group of people. if approved, up to 20 cameras go up, since the data is used to decide where to point the cameras. >> there is a development project aimed at keeping the professional sports teams from leaving. a grouch developers and folk from dubai want to have new venues for all three of the current teams, athletics, raiders and warriors and features an entertain 49 district and a luxury hotel, the sports center is located across from the old coliseum look the

shoreline. >> fairfield police hope surveillance video photos will lead them to the teen who caused several explosions inside a wal-mart and they happened early yesterday afternoon at the store on north texas street and these are photos of the teen that police are looking for. investigators say he walked into the store, set a wicker basket on fire and walked away. the fire spread to several containers causing them to blow up. authorities evacuated the store and no one was hurt. >> authorities are vetting after a second explosion at house anxious international airport in as many days. dry ice in a plastic bottle went off last night in a section that the international terminal opened only to workers. they found two similar unpleased devices in that area. on sunday someone planted a plastic bottle full of dry ice in an employee bat room where it exploded. no one was hurt. >> and now traffic, leyla gulen? >> we have more than 20 trains

that are now rolling and we have a word an accident before you get to the altamont pass and i will get to that in a moment of the we have a construction project that can slow you down if you are trying to make it to the maze along the nimitz through oakland, northbound 880 from 16th street to broadway we have at least 30 minutes for this project. as we take you over to the altamont pass, eastbound 580, from greenville to north flynn road we have lanes blocks for a drain average property until 9:00 and now it appears there is an accident in the westbound direction at mountain house road probably in the clearing stages but enough to cause the backup at 16 miles per hour to be the top speed. outside, this is the drive through walnut creek southbound 680, wide open out there, as we have been saying, it is crickets. hope it stays that way. >> good morning, everyone. weather is stuck in neutral but that may not be bad. a lot of people live for the two

months of september and october when we finally get the warm weather without the fog at the coast. 7:00 this morning, temperatures are mostly in the 40's to low 50's with some exceptions in the in the bay and east bay valley and upper 30's to low 40's. as we look at the next 12 hours, very homogenized temperatures, a little bit of a spread developing, 70 at the coast and 76 around the bay and yale inland and you may need the coat at the coast. mild at the bay and inland and low 70's. we will see how much further we can stretch out. we take small steps as the air mass cools in the lower layers and middle layers, but, still, above average, all the way through friday. >> does the government have a copy of your e-mail list?

intelligence program that was secret until now. >> the big shift in focus for well-known organizations that helped thousands of families hold open to their homes and what they will do this week in the bay

>> coughing san rafael, south bay, pleasanton and all the bay area this is abc7 news. >> here is a picture of the caltrain building in oakland where bart and union negotiators are on the 14th hour of talks. you are looking at the podium where we are waiting for word when a deal is completed. hopefully that comes soon. there are new signs they are motivated to work hard. a federal mediator is ordering them to keep going until they get something done. keep ituned here to abc7 news. >> the cupertino city council is expected to take a vote over plans to build a new headquarters for apple. the planning commission has

approved the space ship-spaced building at four stories stall with three million square feet of work space. it will house 14,000 employees. a final vote for approval is next month. >> this morning, optimism is growing in washington, dc that a new plan could re-open government and raise the country's debt ceiling soon. democrats and republicans spent the day negotiating a deal to keep agencies open until mid- january. now the house of representatives and senate have time to negotiate a long-term budget. lawmakers are briefed of the deal later this morning. it is not clear if speaker boehner will allow a house vote on a possible deal. americans are giving a thumb's down to the way the lawmakers handle the budget crisis. a new washington post/abc news poll finds that disapproval of the g.o.p. is up 11 points to 74 percent. 51 percent disapprove of the

democrats. 53 percent are unhappy with the president. >> it is just about 4:45. we are learning new details of a national security agency operation that never has been disclosed until now. the "washington post" is majoritying that the n.s.a. has been intercepting e-mail address becomes and buddy lists from instant messaging services that was wide-spread practice with yahoo, hotmail and facebook and google. officials and top secret documents provided by former n.s.a. contractor edward snowden. >> home prices are rising and homeowners have been refinancing but plenty owe more than the home is worth. this week this could be help. neighborhood assistance corporation of america is coming back. you may remember the events the past few years saving thousands of homes from foreclosure and if you want to buy a home in the first place they help you get a

mortgage. this week, the we vent is held in oakland on thursday through monday. for more information, go to abc7news.com. >> for more information on what the roads look like, here is leyla gulen. >> thank you very much. we do have at least 23 trains on bart that are rolling right now. san francisco bay ferry is going to run on a normal schedule today. they were going to add some boats should bart strike. they are not so it is normal business as usual. we will go to our waze app , no, we will move to that later. we do have one accident over the altamont pass, and this is coming from tracy at the parkway, and here is a look at the bay bridge toll plaza and it looks like traffic is quiet there as you make it out of emeryville to san francisco so not a problem out there and we have been tracking what folks

have been saying on hashtag, let us know how you feel about the pending bart strike. we might put your video on abc7news.com. mike nicco? >> good morning, everyone. thought i would look at where there is some weather going on, rapid city, it is snowing there again like i did last week. you can see a wall of water stretching from minnesota down to texas so top-to-bottom through the midwest if you are mying through this area you could be bumpy and delayed moving into dallas, st. louis, chicago or minneapolis. how, we get our warmest and brightest weather and we will have that this afternoon and this is how it looks from too tremendous tower this morning, you can see how calm it is outside. warm sunshine. light winds. if you hear any noise this morning, it is mostly above 2,000' where the winds are the fastest. seeing stars and a cool morning tomorrow and we cool off nicely.

our spread in places like santa rosa today, it could be 40 to 45 degrees from the morning low to the afternoon high. weekend is dry, but now so warm and here is how it looks from the exploritorium and it is just glass-like. hayward is one degree warmer. three to five degrees warmer for oakland, san francisco, san jose, and concord. as far as temperature, this is why: the high pressure is out there and the warmth is spreading. how about 80's in milpitas and sunny same. 81 to 84 for the rest of the south bay. the peninsula has upper 70's in millbrae and san mateo and low 80's on the rest of the neighborhood and mid-to-upper 70's along the coast into downtown and south san francisco and in the not bay, we are around 810 to 84 degrees not of san rafael and near 70 at your beaches. along the east bay shore, richmond and with berkeley and hayward in the upper 70's and

low 80's for were else and headed into the east bay valley, we will have low-to-mid 80's. here is a big drop in temperatures tonight, near 39 in napa for the cool spot and 55 in san francisco. here is the seven-day outlook, the temperatures are dropping a little bit as we head through tomorrow into thursday and they hold steady all the way through the weekend and the big it drop in temperatures is at the coast. have a great day. >> it is 4:49. attorneys for aurora, colorado shooting suspect are fighting over which evidence can be used at trial. defense lawyers will argue today that what holmes said to police after the arrest cannot be used because he was not read his rights but the prosecution said police were focused on public safety and wanted it know if he had an accomplice before he read his rights. he is accused of killing 12 and injure 70 in 2012. >> if you have a child wanting

to go to college your eyes will be on the supreme court when they hear a challenge to the michigan ban open affirmative action. the law mirrors california proposition 209 barring the use of racial and gender previous rents in public programs such as university of michigan. the michigan law was passed seven years ago but if it is struck down it could lead to a change in california law. most legal experts predict the justices will leave the laws intact. >> the interpret is full of deals but what about trans atlantic flights for next to nothing? a website glitch has an airline practically giving away tickets. >> candy shopping for halloween, we have the deficit and

>> good morning, a beautiful shot of the lights and the bay

bridge and the glassy-like surface of the bay with more traffic and bart still running and the weather coming up. >> a thai restaurant will paid $480,000 for wage violations after the commissioner said employees often worked more than ten hours a day, up to seven day as week but they were not paid for extra hours or given proper breaks. the 13 employees were political $373,000 in compensation. >> the city of livermore is moving forward with a new law to crackdown on drug houses in rental property. the city council has voted in favor of introducing the ordinance that would classify illegal drug sales, storage, and manufacturer as money nuisance. if approved it gives the city authority to pursue legal action against the landlords who look the other way and refuse to address drug activity. there will be a final decision

at the october 28 council meeting. >> fortune magazine is out with the lit of the 25 highest paid business women in the top three are from here in the bay area. coming in at the top of the list is the chief financial officer the oracle making $43 million. second is yahoo chief executive marissa mayer who made $36 million. third is the chief operating officer at facebook who makes around $26 million. at number ten is hewlet-packard meg whitman who took home $15 million. other well compensatessed women in the bay area include head of software and services for intel and the chief executive officer for williams sonoma and senior vice president for community banking at wells fargo. >> congratulations, one and all. it is 4:54. time for traffic and leyla

gulen. >> we have clear conditions but we have a crash before you get to the altamont pass, at mountain house parkway, blocking a lane that is causing tremendous backup. we have areas with plenty of construction. if you are traveling between walnut creek and pleasanton hill northbound 680, to highway 242, we will have lanes taken away out there. now as we take you over to eastbound 580 from greenville road to north flynn road a drainage project will last until 9:00 and as we look at san jose it looks quiet out there and accident-free and here is 280 coming away from 17, a couple of head lits making it in the northbound direction. a beautiful forecast for us and here is mike nicco. mike? >> thank you very much. good morning, everyone, i thought i would start with looking at the week lady for livermore, one of the areas that is warm this time of the year and it will be warmer than average through at least saturday with the mid-80's and then by sunday and monday, temperatures will cool five or six degrees and back to 79 where

we should be. if you are traveling today, no worries. look at this: low-to-mid 80's through the central valley down to los angeles and 87 at palm springs and 78 in san diego and sunshine everywhere and 76 to monterey and 68 in eureka. 55 in tahoe and 71 in yosemite national park. home you can get out there and look at the fall leaves. check out my facebook page if you cannot get out there. >> apple has cut back production of the new iphone 5c because of sluggish sales. the website reports that apple reduced production if half to 150,000 units a day. they released the 5c and the souped up 5s in september. sales of the 5s have doubled those of the cleaner 5c. apple will have official numbers next earnings report in two weeks. >> root website glitch allowed

united airline customers for $50 but necessity don't get to keep them this time. they set up an account that used frequent flying miles they did not have the united said it will not honor them because the buyers manipulated the system. last month they accident old sold ticket for nothing and the company honored those tickets because they were called by human error. >> halloween could be motley for kids but parents, pay close attention to a survey. the report says that 80 percent of parents admit to eating the candy their children get trick or treating. the survey says that choose candy that melts and disappears like chocolate. stay away from chewy like gummy bears or candy corps that are loaded with sugar. powder candy should be avoid because it is packed with sugar. >> chocolate is okay? >> that is what i take from my

kids -- the chocolate 9. >> the trains are rolling this morning but there is still no bart contract deal the new face in negotiations that are happening now with the talks possibly the bet hope to avert a strike. >> extension moments for san jose firefighters battling a barn fire and why they were forced to let the structure burn. >> quiet neighborhood is rocked by gunfire and we

>> abc7 news starts with breaking news. >> no bart strike yet at 5:00. thanks for