good afternoon, everybody, i'm larry beil. >> let's get to the latest on the bart negotiations. trains are running. talks continue in oakland. >> after cooling off until 5:30 negotiations began about three hours ago. a mediator is at the bargaining table. >> the lead negotiator, tom hawk, general manager is now heading up talks for the agency, which says it will not increase its last $57 kblinl

offer but it is willing to move that money around. >> a bart spokesperson updated us on this situation about a half hour ago. >> the main thing is that we've got framework established within the last, best, final offer. we're discussing the makeup of the last and best and final offer. >> we're back now. we'll stay as long as it takes tonight to reach an agreement. >> after extending the strike deadline 24 hours to raft last night at midnight, unions delayed calling a strike again and continued negotiating. at this point it's unclear if workers will stay on the job paflt midnight tonight meaning another day of uncertainty, which doesn't sit well with riders. >> it's stressful. the i work a lot. so very no idea what is going to happen. >> i'm just here, hanging out on coaches for a couple day clz is unfortunate. >> and we're going to stay on

top of developments as you can see there is one technician waiting at the podium if and when someone comes out to speak. we've been monitoring talks around the clock we'll have an update later on this edition of abc 7 news at 4:00. the spokesperson for bart did say that they're going to announce tonight well before midnight what the plan is going forward for tomorrow morning because last night everybody is weight until 12:30 a.m. >> uh, 1:00 a.m. >> sorry. you were on site until 1:00 a.m. the hope is that they'll get something announced so people can go to bed at a reasonable time and have an idea of what to look forward to in the morning. >> absolute lie as soon as we know, you'll know. find out by down loading our abc 7 news app and get alerts whenever news ker autos join us half an hour early again in the morning for latest developments as well as looking at how the strike is affecting the morning commute.

our abc 7 morning news begins at 4:00. >> ac transit wants the governor to step in to prevent a possible strike by workers with a 60 day cooling off period. the east bay bus agency is in contract talk was the union overseeing operators and mechanics. the union threatening to walk off the job tomorrow fit doesn't get a better offer. managers say they were surprised by the declarations and were prepared. the board sent request to the governor a week ago, just in case. >> the strike would severe limb pact life in the bay area as we know it. i'm sure he's well aware of that. he's a resident of oakland. he has a good idea of what a transit strike would mean for this city and region. >> ac transit handles 100,000 riders per day. union leaders have not answered calls for comment today. >> a vote in the house on a new republican plan to reopen the government and avert a final default has been

postponed. house speaker boehner planned to bring the measure to the floor. members of the party rebelled about half an hour ago. house g.o.p. leaders came wupt plan this morning in response to a bipartisan deal being worked out in the senate. democrats blasted the new g.o.p. plan, republican leaders called it a step forward. >> going to continue to work with members on both sides of the aisle to try to make sure that there is no issue and to get our government reopened. >> why are they doing this? coming out of the senate? waeflting public time. in this case, time is money. >> a vote on the senate plan remains on hold now. one of the country's three major credit rating agencies could down grade the rating if it's not done by thursday. >> gridlock is forcing another 6,000 bay area workers to stay

home and without pay. >> lawrence livermore lab began shutting down research projects today and furloughing employees. abc 7 news is live in livermore with that story. david? >> well, lab calling in a safe, orderly shut down. experiments being stopped and only a skeleton crew will stay on the job. livermore will be feeling impact. >> winding down means this is probably going to be last time chris is going eat out for a while. >> i'm going to be looking at top rammen for a while. >> reporter: are you kidding? >> no. no. >> china vil why is looking at a drop in business. >> it's a long time. most of the customers that are left. >> reporter: research labs are being shut down. no one is sure how long it will be before they reopen. >> a lot of universities that

fund experiments. we won't be able owe do that. they'll have to wait. that sort of thing report error resuming lab operations will be more difficult than shutting down. >> i get time to make hur to -- sure to operate properly. >> things will suffer, we'll get through it you zront a choice in the matters. >> lawrence livermore's employees will take thursday and friday as holidays. nearby, sandia lab expected to be furloughed by the end of the week but a contractor there doing upgrades has been told to shut down. >> so people that i have working for me i'll str to find them another place. >> in livermore, david louie abc 7 news.

we're getting video from the moments after a powerful earthquake struck the philippines today. you can see people just running from buildings. 90 people died in the 7.2 quake. hundreds more injured. hardest hit were central islands, rescue efforts still under way in a collapsed hospital. roads, bridges and the oldest church were damaged. >> daily city is home to a large filipino community. one family was sending a box of clothing and canned foods to the philippines. this care package put together for those realing from last week's typhoon that left areas flooded with short -- folks short on food and supplies. >> they had nothing to lie. stores some are times ransacked. just to maiblg sure that they have something. >> the philippine president plans to visit the area

tomorrow, officials believe the death toll could be higher, schools and buildings were empty because of the holiday. >> fbi says it's broken up an east bay drug ring raiding a half dozen locations making several arrests today. >> abc 7 news has more from pittsburgh where those homes were targeted by federal agents. >> fbi agents say the drug activity happening by this home was part of a dangerous drug cartel. they found cocaine inside of the house during a raid this morning. which is located next door to a home full of children, and on the same block as a junior high school, and a day care center. >> i feel relief. but totally upset. unacceptable that people would use our neighborhood to do things like that. >> yolanda owns a day care and says some customers decided not to drop off their kids today when they saw the drugging raid down the street. >> we take our kids for walks. you never know. the school is right there.

my grandkids walk to school. it's -- it's not nice. >> reporter: agents started at 6:00 and served warrants at six locations in four cities. oakley, concord, pitsburg and antioch p made four arrests. and confiscated methamphetamine and cocaine. the agents are furloughed employees so they're not getting paid but decided these raids couldn't wait. >> we thought this threat was there. that in this case the distribution of drugs so we needed to stop this individual and organized crime ring here in the east bay. immediately. that is what they chose to do, today. >> residents tell us they never saw the suspicious activity and didn't know the man arrested here, some tell us they'll try to be more observant of what goes on in the neighborhood. neighbors tell us they never saw suspicious activity happeninging in or around this home, but some tell us they'll try to do a better job of

being observant about what is going on in the neighborhood. amy hollyfield abc 7 news. police are warning visitors to san francisco doloes park to be care whfl buying food or drinks from unlicensed vendors after two women tested positive for roofies after visiting the park. roofies are a powerful sedative often refered to as a date rape drug. police are investigating if the water from a street jornd may have been spiked with the drug. lights have gone out. >> slight delay in the second inning of the tigers red sox game. most did go out. it's daytime, but gloomy today. umpires wanted lighting to be consistent so they waited it out for lice to come back on, which they did after a delay. this sub in new orleans between niners and ravens had a black out temporarily that

lasted twice as long before they can get all power turned on in the building. >> gray, cloudy there just the opposite here. >> it's beautiful now. >> here is spencer christian. >> no power failure in the skies today. sunny across the board. sheer a look. no clouds near the coast or near the area. blue skies and readings 74 degrees in san francisco. 72 in half moon bay. a live view now, beautiful view over san francisco from sutro tower, under sunny skies, 84 in santa rosa. and 79 in concord and livermore, one more live view looking westward, once again, clear skies as we take a look at the first forecast this evening. under clear skies temperatures mid 60s to mid-70s getting cooler, sharply cooler in

spots tomorrow night. early in the morning some locations will have lows into mid-30s. then, tomorrow afternoon, warm, mild to warm in all locations once again, a high temperatures from low to mid-70s on coast to low to mid-80s inland there is more weather still to come. i'll have the accu-weather forecast coming up in a few minutes. >> sounds fabulous, thank you. still ahead on abc 7 news at 4:00 twitter revealing more about much-anticipated stock debut this year. >> imagine finding this while snorkling. what this rare gigantic fish happens to be. next. >> then, at 4:30 the dry ice mystery what. investigators are now saying about the person they believe set off two explosions. >> take a look at the afternoon commute. at 4:12 looking at golden gate bridge. traffic so light we can just gaze off at the bridge normally you'd find marine layer, fog, but it's just clear out there. great day to be

if you've got it, you know how hard it can be to breathe e got it, you kn. and man, you kno copd includes emphysema and chronic bronchitis. spiriva is a once-daily inhaled copd maintenance treatment that helps open my obstructed airways for a full 24 hours. you know, spiriva helps me breathe easier. spiriva handihaler tiotropium bromide inhalation powder does not replace fast-acting inhalers for sudden symptoms. tell your doctor if you have kidney problems, glaucoma, trouble urinating, or an enlarged prostate. these may worsen with spiriva. discuss all medicines you take, even eye drops. stop taking spiriva and seek immediate medical help if your breathing suddenly worsens, your throat or tongue swells, you get hives, vision changes or eye pain, or problems passing urine. other side effects include dry mouth and constipation.

nothing can reverse copd. spiriva helps me copd weigh you down?you dh don't wait to ask your doctor about spiriva. san francisco police believe this man, christopher bailey robbed six cell phone stores across the story city. he's in jail. officer as rested him after he tried to he is zpraip a scene of one robbery october 5th. it took place at lake shore plaza shopping center on slope boulevard. >> this is going on around the country. surveillance video in broward county, florida offering proof about the risks of using your electronic devices in public. you see the man in a white tee

shirt and red shorts snatched ipad out of a woman's hand then just takes off. you can see the woman using the ipad on the left side of the screen. the thief waits for doors, grabs it then takes ox he has not been identified. >> twitter heads to the new york stock exchange. apple makes a new hire. >> emily chang joins us wlif today's after the bell report. hi, emily. >> good afternoon. starting with stocks which fell today, lawmakers failed to reach a debt limit deal. your bloomberg silicon valley found a decline in shares of juniper network, twitter head together new york stock exchange decided to list upcoming ipo joining pan dora, linkedn and yelp as companies that picked over the unusually tech heavy nasdaq. the decision comes 17 months after facebook debut on nasdaq, marred by a software

malfunction. apple new executive, tech giant hired burberry's ceo as year of dr -- apple's team and will help oversee more than 400 retail outlet's. snap chat says it's turned over a dozen unopened snaps to law enforcement. the revelation as the company clarified in a blog post it's policies over handling snaps. the company says they only way snaps are stored on servers is if they're never opened by recipients. and happy day to celebrate the woman believed to be the world's first computer programmer. lovelace, daughter of famous british poet developed what is believed to be the first alg algorhythm while helping her friend with ab an early computer design. the fourth annual celebration aimed to inspire women in

science and tech molg. -- technology. i'm emily chang with bloomberg west, back to you. >> the government shut down left the white house vegetable garden overrun with weeds. an official confirmed regular maintenance stopped and it's being only watered period lick yik lism a blog says few remaining gardeners are not allowed to pick crops and ground is becoming covered in rotting vegetables, mushrooms and fallen leaves. a fox has taken up residents on the grounds. the plot has been one of the first lady's signature projects. a marine science instrouktor made a bizarre find off of catalina island into is mazing. take a look at this giant, 18 foot long ore fish. it took 15 people to lug to shore. >> sights are rare. they're known to dive 3,000 feet deep. experts say the species is likely responsible for legends

about say serpents. >> an instructor found one while snorkling in about 30 feet of water. it was already dead apparently of natural causes but biologists will study to it find out. but that is just bizarre looking. >> a lot of potential sushi right there. i don't know, you know? >> not exactly fresh. >> we'll pass on the ore fish. >> how much nicer can it be? here is a look at sunny skies once again today no marine layer at the coast. cooling us down we may see a little bit of a cool down coming our way later in the week. right now into the bay under mild conditions, this is a look at forecast features, chilly and low temperatures dropping into 30s in some locations.

cooler next couple days and only a couple degrees. then mild to warm weather over the weekend this, pattern with us for a while. satellite radar shows us an off shore flow. so, it's about to weaken now. animating maps you'll see our center of high pressure moving eastward and inland. we'll lose the flow and gain an onshore flow making for slightly cooler conditions tomorrow, but once again talking about a cool down maybe two, three, or four degrees. overnight cooling in north bay valleys. many other locations will see low temperatures into mid to upper 40s and low 50s around. tomorrow, sunny skies, once again, in the

morgan hill, peninsula, upper 70s, and 80 in mountain view. on the coast cooler than today, still mild. 72 in pacifica. 74 half moon bay. in and around san francisco, 72 daily city. 76 downtown san francisco. and south, low temperatures on the coast nice and warm inland. 81 at santa rosa. 81 son gnomea. east bay we'll see highs into upper 70s to around 80. about 78 in oakland. 82 in walnut creek and antioch. here is the accu-weather forecast forecastment not a lot of change throughout the week. temperatures bouncing back up so into weekend we'll see

highs right around or just above 80 near 80 around the bay. around 70s on the coast. we'll have a little bit of cooling next week and starting to get into what might be a more typical fall pattern. things looking nice. >> i'm okay with that. >> me, too. >> i think we are. >> thank you. >> up next, the material girl's bad ed quit. madonna banned from a movie theater chain. >> why a high school punished a student

to those who've been denied ewelcome to covered california. now, you can no longer be denied coverage because of a pre-existing condition. enroll today at coveredca.com.

madonna is toot big to get away from a no texting policy. one chain says she used her black berry during a premier. it seems another audience member asked her to stop texting to which the singer allegedly snapped, it's business. the chain ceo tried to back pedal but he's saying he does plan to enforce it. no madonna. >> enslaver. >> that is should an odd thing to say. >> shocker on dancing with the stars". the celebrity with the highest score of the night was eliminated. >> yes this, is crazy. >> you're the closest thing we have to bruno. so we're counting on you to

watch through it. the theme was most memorable year of your life. she scored first 10 for the season. i guess fan vote, you talked about this, you take the vote. >> yes. the fan vote with judges of last night. also with 28 points, they did the fox trot. bruno had what might be oweddest complement saying corbin could be the love child of ben verine and fed after the yair. >> i'm not going to win. they said the science guy could have weighed in on this it would be rather bizarre.

lifts, a little bit rough and she admitted it. >> yes. everyone thought she's going to be voted off. >> that would have made sense. flow wasn't always there, she was trying. i predict she will be voted off next week. >> who did you predict weekend? >> he was a surprise last night. if you look at progress he's made over the months. >> he looks like a natural at this point. i thought he was toast but he may be the most improved. i'm saying lee is gone next week. >> i think that is a fair bet. >> i'll remember that. >> still ahead on abc 7 news at 4:00 search for who is setting off dry ice bombs in one of the nation's largest

airports. extra security at l.a.x.. >> two girl charged with bullying a 12-year-old girl who killed herself. the wake up call for parents. >> why a south bay community trying to keep a new charter school out of their

s. contract talks are continuing between bart and its two unions. both sides say progress was made last night but an agency spokesperson says they're still wrangling with major economic issues they're working within the framework of what bart called it's last, best and final $57 kblinl offer. leaders say they'll continue to negotiate quote, for as long as it takes. but say there could be still a strike foam no agreement is reached. we're going to take you live to negotiations coming up on abc 7 news at 5:00. >> this is where it's all happening they're talking inside of this building in oakland. we'll have a live report coming up at 5:00. >> you can find out immediately if there is a settlement or possibly a strike if you down load our abc 7 news app. >>. two middle school girls are charged with stalking a former class mate who killed her last last month.

authorities say the 12-year-old committed suicide after being relentlessly harassed by two girls ages 12 and 14. the sheriff's department says arrests came after one girl admitted on facebook she bullied rebecca and she didn't care she killed herself. the sheriff says this case really should be a wake up call for parents. >> watch what your children do online. pay attention. quit being their best friend and be their best parent. that is important. >> authorities say rebecca was bullied nearly a year by as many as 15 girls. one time she was told to drink bleach and die. rebecca killed her september september 9th. authorities say they she went on line to research twiz commit sue side. so sad. >> police believe two dry ice explosions were triggered by a disgruntelled employee and not

acts of terrorism. they happened in a restricted skpaer now, patrols are on alert in the terminals. abc news has the latest for us from los angeles. >> reporter: a manhunt underway following two dry ice explosions at los angeles international airport leaving passengers on edge. >> concerned about traveling. not making it easier. >> reporter: a device exploded in a restricted area near a gate and close to plane autos we will catch people involved and will prosecute them vigorously. someone will go to prison over this. >> no one was hurt but comes just a day after another dry ice bomb exploded in an airport bathroom. once ghen a restricted area, only employees are loued. >> possibly it's a test to see what response there is from law enforcement or two, it's a disgruntelled person that just wants to disrupt the airport. >> reporter: the demonstration on a discovery channel

specialo shoes how dangerous explosions can be. and the closed bottle. >> you can't place them a long time in advance. >> reporter: authorities located two more dry ice bombs in restricts areas before they detonated. extra officers are now patrolling the ramp and public areas. insisting the third busiest airport is safe. >> we're going to review camera footage and interviewing employees in the area. >> reporter: detectives say they may now be able to pull evidence of the two dry ice bomb that's did not explode. just weeks after a reports of a sexual harassment. fillness pleaded guilty and the victims in this case were identified only as jane does.

he could serve up to three years for prison and one year for each misdemeanor but could serve those concurrently. sentencing set for december. >> a suspected libyan terrorist made an appearance in federal court today accused of planning a bombings of two u.s. embassies in africa 15 years ago. >> the suspected al qaeda leader looked gaunt. extra police officers were stationed outside of the federal court house and security was tight. american special forces snatched the 49-year-old off the streets of tripoli coming home from morning prayers this month. a monumental capture for the u.s.. >> it's a good day. >> reporter: he was one of the world's most-wanted terrorists on the run 15 years after allegedly planning a deadly attacks against two u.s.

embassies in east africa in 1998. >> overnight, most of us were asleep there are two horrific car bombing explosions in the east african nations of kenya and tanzania. >> reporter: 200 were killed. he was brought to new york under guard. where the one time confidante of osama bin laden is being dmept a secret location. us you officials attempted to question him on board uss san antonio. he was held there and was in the required to have a lawyer. but now, he's in a custody of the justice department. abc news learned transfer came sooner than suspected because he's sick with hepatitis c. the government wants him to recover to be tried for his alleged crimes. president obama's decision to bring allibbi here has drawn criticism from some republicans saying he was not questioned long enough and

extending same rights to a suspected terrorist is despicable. still ahead at 4:00 we're learning former president's minor heart condition was actually life threatening. a bear with skills and special home he now has. >> i'm spencer christian. we're looking west at a bright, sunny glo. is going to be with us for a whi. i'll have the accu-weather forecast coming up. >> a look at traffic now on the bridge abc 7 news at 4:00 continues right after this. >> bay area is in bart limo. we're listening. abc 7 news wants to know how another strike would affect you. post your message to bart and unions to instagram, twitter or facebook using hash tag dear bart. you just might

take a look at this bear playing tether ball. and he's pretty good. >> yes. this video posted on you tube. he's at the animal park sanctuary. >> he's wiping his nose there. >> he's going to be tough bee. he's probably about seven feet tall. i don't think -- yeah. there is also maiming that might take place should you beat him. >> three years ago he was found orphanned in a meadow. the tops of his ears came off

because of frost bite. rescuers nursed him back to health. now he has a home at this sanctuary. he enjoys a good round of tether ball. >> he's going to be the championship of tether ball at that park. a panda cub in taiwan learning to crawl. take a look at this, the cub just turned 100 days old yesterday. she weighs nearly 14 pounds. she can crawl by herself but falls down every few steps. just like a baby. officials are holding a contest to name her. it doesn't look like she's happy with measurements. >> here is almost as adorable, spencer christian. >> close. not quite. let's hold a vote. sunny skies right now. and tomorrow, frontal system sweeping through central part of the country today will have

pushed eastward torj rain reaching through tennessee valley into lower mississippi rally -- valley behind that front, western two thirds will be sunny and dry. state of california will be sunny, dry, mild to warm high temperatures from 79 in chico to 85 in fresno. 86 in los angeles windy down south. 87 palm springs. here in the bay area, another really lovely fall bayday coming our way. sunny skies. upper 70s to 80s around the bay. so this pattern going to be with us just a little bit of minor bumps and temperatures going up a couple degrees but no sharp changes. looking and feeling like fall

next week. but this is gloweris. >> coming up, she thought she's doing the right thing. why an honors student was punish forward helping a drunk friend. >> technique that could help patients discover sooner if treatment is working. >> i'm michael finney. why a $1500 rebate may not b it guides you to a number that will change your life: your sleep number setting. it will give you the soundest sleep you've ever had. it's a bed so intuitive it even knows you by name. the sleep number bed. clinically proven to improve sleep quality. now it's easier than ever to experience deep, restful sleep thanks to our advanced dual air technology. at the simple touch of a button, the sleep number mattress adjusts to your ideal level of comfort and support, with exceptional pressure relief on each side. experience the newest innovation from sleep number.

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zbit a large security detail police in london slapped hillary clinton with a parking ticket. a meter made saw the car was illegally parked. secret service tried to step in but no avail. a local official suggested she down load a parking app to discover available spaces and how to pay for them. >> a massachusetts family is fighting back after a high school controversial decision over a star student there. north andover high school stripped erin cox of her volleyball team and suspended

her for what she says was effort to help a friend drunk shech says she drove to a party to pick up a friend. she claims she got there and police arrived officers confirmed cox was not drinking but officials punished her for violating a no tolerance policy for drugs and alcohol. her mom says the decision was unfair and devastating her daughter was just trying to help a friend. >> she's very fragile. and i'm worried about it. she didn't do anything wrong. >> the family is hiring a lawyer. neither the superintendent nor principal is commenting. >> checking healthy living news a new medical technique could reduce the time it takes to determine if breast cancer treatment is working with current tests it take monthses to determine but researchers say they have discovered a technique could reduce the wait time to two days. they can see how quickly a

tumor is using sugar. more research is needed. >> it turns out former president george w. bush's recent heart scare was more serious than thought. a source says he had a 95% blockage and needed a stont clear it. the 67-year-old went into surgery the nermt morning. >> certainly he was at risk having a 95% blockage. that doesn't mean he was going to have a heart tack but he was at risk of a heart attack and something did need to be done. >> the president himself said he is feel gg and doing well. >> sports news, warrior fans are passionate about the team this year apparently so are the fans in china.

as part of the effort the warriors and players and coaches say fans have been incredible, better than led to believe. >> they truly did not disappoint incredible throughout the streets. incredible throughout our time here, and during the game this, is awesome for us as a team to play in front of great fans. thankful for the win. >> warriors and lakers will play on friday. jean kwan expected to attend. the mayor is delayed his trip because of the bart strike. >> well, when is a rebate not a rebate? >> michael finney is here with a story that any car buyer wants to know. >> sounds good. to most of us but that is what

gm is offering to buyers. here is what the car buyers may not know. gm raised prices of the truck by $1500. seems buyers pay attention to the rebate. it's easier to get financing because that can become part, or all of the down payment. now if yufr been pro crass continue yaiting don't expect a tax refund. the government shut down means those who filed for a six-month tax extension will likely see their reeb funds delayed however, midnight tonight still the deadline for you to pay your taxes despite the shut down. so breakdown 38,000 americans have enrolled in federal program providing subsidized insurance. numbers from just two states

kentucky and washington. others including california have haven't released figures yet. still, the long way to go to make a dent in the number of uninsured but sit earlly. still 170 days to enroll before the final deadline for 2014. tonight why this affordable care act will mean some of us will have to pay more. we're getting complaints about this, we've done an investigation and will show what you is up. up next not an n.our neighborhood. >> one community is fighting to keep a charter school out. >> coming up at 5:00 the army officer and what he did to receive a military highest honor since vietnam. plus a rare request he's making of the pentagon. also, get ready to fly skinny skies. the new airline seat putting more of a squeeze on passengers. that is coming up at 5:00.

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so yso you can happily let the grlife get in the way, while planning for tomorrow. so you can finish the great american novel banking for the life you have investing for the life you want chase. so you can

a group of parents and neighbors are fighting to keep a carter school out. they won the case before a judge. now it's up to the city council to decide if that school should be built. abc 7 news joins us live now from san jose with a case that really has the community divided. leanne? >> yeah. well, you know everybody wants a valuable education. in this case, it may be a matter of giving something very valuable to this community. >> open spaces like this one are hard to find in san jose's washington community. >> this always been intended to be public park land. >> that is brett bimaster a neighbor, and parent that wants to keep it that way. imagine his surprise when you heard a well known charter network called rock he yet

ship wanted to build a school year. the spokesperson says parents are begging to open more schools. >> rocket ship education is in the top 5% of schools serving predominantly low income students. >> that argument convinced the office of education to grant rocket ship's request. rocket ship hoped to open a schooler this year. >> one role is trying to support their ability to open schools in areas that there may not have been great achievement. >> some argue there are two rocket ship schools and one traditional public school in this neighborhood. >> so there is a pretty gross imbalance compared with the number of children that live in the neighborhood. >> neighbors fear a third rocket ship school will bring in more outsider autos and noise, you know? also the kids coming to school are not going to be kids from

this area. >> a superior court judge heard the argument stopping rocket ship from moving forward. parents from traditional schools say the issue has divided them. >> they bring a lot of competition that is, i mean schools are supposed to work together for a better community. it's their community, and our community too,. >> now, rocket ship hopes to be granted a zoning exemption. vote expected on october 22. in san jose, abc 7 news. >> thanks for joining us for abc 7 news at 4:00. i'm larry beil. abc 7 news at 5:00 begins right now. >> thank you, larry. coming up, brink of a commuter crippler. ac transit asks the governor to step in to avert a bus strike. new services that bart and negotiate wores will keep trains rolling. >> also, marines in need.

a local group forced to withdraw their helping hand. >> why dozens of people in tough nth south bay. a shift in the wind will bring a change in temperatures. details are coming up. good evening, i'm dan ashley. >> i'm carolyn johnson. the trains are still rolling right now and both sides are still talking. >> negotiations to prevent a strike are continuing right now and there is new optimism tonight they might succeed. >> that optimism is based on the addition of a federal mediator. >> he kept both sides talking until 5:30 this morning and had the back of the bargaining table again this afternoon. laura? >> they're inside the building behind me.

among negotiators bart general manager now heading up the team that. is a change to the controversial lead negotiator is down in a conference in southern california. so it may only be temporary rmt one side is pliz pleased and that is the union. >> negotiators for unions and bart management returned to the table at caltrans headquarters for another day of talks and a strike averted for now. >> tired, optimistic pro. gres last night and early this morning we hope to get it done today. >> reporter: federal mediator arrives from his team, the man both and a direction in the last 24 hours wile say the federal mediation service is doing a spectacular job coming up with ideas that both

parties will be able to embrace. >> still, bart spokeswoman says the district management won't change amount of the package. but they do remain open to altering details within it there are a lot of issues that need to be hammered out. we did make very good pro ves gres. big question, what are the union goesing to do tomorrow? we're hoping they will. >> reporter: now, riders need any more uncertainty there is no firm deadline for a strike like there was at midnight last night. that said unions by law dmot have to give any notice as we heard a bart spokeswoman say they're hoping an early indication tonight than last night. talks are onzbog we'll bring you new developments