and frustrating and surprising to both sides who said publicly they felt like they were so close to an agreement, and then, everything fell apart. after more than 30 hours, the negotiations started at 10:00 a.m. yesterday, one union leader came out just after 3:00 p.m. here and told us despite concensus if not formal agreement the whole deal fell apart over work rules. bart said that was about things like incorporating new technologies and how pay stubs are distributed but unions reacted angryly and said issues go to the core of worker rights n any case, mediator came out later and said his work here is done. >> there is nothing further we're able to do. again rg -- at this point in time and as a result our mediation process has come to an end. >> when you have a head of presidential appointee head of

the he federal mediation service here working 20 hours per day for four days, the parties should have been able to come to an agreement. it's because this employer is entractable and committed to having the workers go out on strike its not management that asked for a strike it's union. we're available to continue to bargain and to discuss items. >> now, unions say they will work through end of the schedule tonight. they will not leave passengers stranded. and will then park trains and unless something changes they will go on strike. i spoke with a uc berkeley labor expert who said at this point now that the mediation period is over, that we're going into unchartered territory and said a lot will depend on the strike and how difficult sit on the bay area economy, and commuters. and at some point we might see

legislature step in if things don't get resolved on their own n oakland laura anthony, abc 7 news. word of a strike is dispagt news for bart riders coping with the threat of a strike all week long. abc 7 news is live in san francisco with that part of the story. ama? >> reporter: this is frustrating for bart riders. we're down on the platform, people were asking me what latest was. i told them unions said they'd strike at midnight unless bart agrees to arbitration. one woman said at this point this is more than frustrating. >> it's keeping me up at night as well. because you don't get updates until late. i don't know how i'm going to get to work the next morning. i wanted to say i woke up, maybe three times oo. >> reporter: her options she says if there is a strike to take a bus or take cal train

into the city so she has an alternate plan but again, riders are just hoping something will avert the strike at midnight. >> thank you. bart riders have been sounding off on twitter about the strike now looming. diana tweets really? the union doesn't care about thousands of commuters affected by the strike? self-serving and greedy. and joseph tweets as the government shut down ends, your unions decide to go on strike? will fun never end? we still want to hear from you on how it will impact your life. you can post your videos on twitter and insta dgs gram and send videos to axe bc 7 news facebook page. we've assembled a wide range of resources for you on abc 7 news.com to help you plan for what appears to be a strike including alternate transit options and realtime traffic maps. you can down load exclusive abc 7 news waze traffic app to

help you navigate freeways and follow us on twitter on abc 7 news bay area. be sure to join us for abc 7 morning news at an earlier start time of 4:00 a.m. get the latest on the threat before heading out of the door. a strike pretty much seems likely at this point there is a chance something could halt that between now and midnight. you can down load our app allowing push alerts so you're sure you get latest information. >> ac transit board of directors held a closed door session a day after gone brown stepped in to order an investigation into ongoing contract dispute averting a strike that could have started overnight. the move is the first step towards declaring a cooling off period. a board will report back to brown within seven days. >> we have breaking news out of menlo park. officials say a driver jumped the curb then pinned a set of 6-year-old twin as cross the side of a storks one children

has major injuries. abc 7 news joins us live now at the scene with the latest. lisa? >> reporter: police are calling this a horrific accident at santa cruz avenue and curtis street in downtown menlo park. the driver of that bmw suv drove into two twin 6-year-old boys. pinning them against the wall of the walgreens store. the boys were with their older brother and nanny. both of them were not hurt. police say the 90-year-old driver was parked on the street, just had lunch with a friend and was about to drive home to woodside. instead of reversing he put the car into drive and hit the accelerateor. one boy was not seriously hurt but his brother was. he is undergoing emergency surgery for life threatening injuries at stanford hospital right now. >> any time you have children involved in an accident like this, something, all that can be describe is as an accident.

the driver of the vehicle was not under the influence of any drugs or alcohol. we tested him for that. as far as we know, we don't know if there is anything wrong with the vehicle but we're going to be impounding it to make sure nudging is wrong with the vehicle. >> reporter: the driver was not arrested because police did not feel gross negligence was involved. back live, police are working with the traffic analyst just arrived from stockton. he is going help them try to figure out what happened. live in menlo park, abc 7 news. >> thank you. terrible tragedy there. san francisco union square back open tonight after a scare over a sus spishus package. we reported this on twitter this morning. a backpack was found near powell and stockton streets just before noon. you can see in the video here, a one-block radius around

union square was all cleared out. shoppers and workers told to shelter this n.place. nothing was found and union square reopened after two hours. >> clean up underway following a massive apartment fire in redwood city. dudsens escaped including four are injured in the flames. take a look at the view. you can see it's heat from the fire blows out windows and roof. tonight the red cross is helping residents forced out of homes, abc 7 news now with the story. massive fire started at 5:15 on the top floor of the terrace apartments on the 900 block of woodside road. >> first arriving units found heavy fire. >> the blaze moved to six alarms, video from sky 7 shows just how intense flames were. residents scattered out of the building as firefighters did bat yes.. >> encountered heavy fire. people coming out of the build

goinging to rescue and interior operations. >> reporter: firefighters struggled to get hoses to top floor, no sprinklers to help. the building construct brd sprinklers were required. on the top floor, waits that first chaotic. >> people helping others climb over to get out of the apartments. >> upper floor tenants scrambled out of bed trying to get out as heavy smoke stopped them from using front doors. >> 60 seconds hall fwhi. way i can do down stair autos firefighters had to take paul jenkinson down from a ladder. others tried to escape down the hall way. >> there is a guy crawling out from the apartments up there. crawled on hands and knees. in his under wear. he had burns. >> reporter: no one was seriously hurt, four residents

taken hospital -- to the hospital. red cross reported all tenants checked into the center no one was missing. total loss estimated at $4 million. vic lee abc 7 news. >> we want to update you on another fire in a nearby apartment building. one man died and a100 people left homeless in the blaze in this house apartment on woodside road. investigators have determined that fire was accidental and began in the apartment of the man who died in the fire. more than 100 firefighters responded to that disaster. >> there is more still head here on abc 7 news at 6:00 including details of another recall for a store because of possible salmonela contamination. a big relief for bay area tourist economy. the rush to visit some famous sites today. >> i'm spencer christian.

a warm week, there are signs of a warm weekend. i'll have the accu-weather forecast coming up. later legal battle over these tee shirts at a high school. the question now where a -- before a

just wanted to keep you updated on breaking news. watching for late developments on the bart strike. unions saying trains will not run tomorrow unless there is a last minute deal which seems unlikely at this point with midnight deadline looming. two sides not talking now. the mediator is not involved and are going back to

washington. a bay area costco store recalling thousands of additional chickens over concerns about salmonela. the recall of 13,000 kirkland signature foster farms rotissere chickens and soup, chicken salad and leg quarters sold at costco south san francisco store between september 24th and october 15th. the same store recalled 9,000 similar rotissere chick yenz last week, officials say there have been no reports of illnesses from the latest recall. tourists once again flocking to famous bay area spots. wayne freedman is live at vista point in marin county. wayne? >> reporter: i am. who wants to look at he with alcatras island lit up behind us tlchl a perfect moment. alcatras and the moon and maybe that appropriate because

it is open again today along with the golden gate national recreation area and point reyes national sea shore. now it's a thing of the past, well, maybe. not exactly. you might tell that to people there today or who are nearly locked out. all is well that ends well. isn't that one of the band aids to ease strike? tell that to barbara and bobby from louisiana. this, their once in a lifetime vacation to muir wood that's nearly didn't happen because of the government shut down. >> just glad that the government settled their dispute and was able to open it. in time for us to come. >> so you can doum this? >> you've got it. >> if you work for horn blower yachts giving tours with rock closed to companies furloughing every employee one

day per week. in 16 days lost 100,000 customers who would have brought in $3 million. >> visitors don't have a couple days to wait. that is their one shot. for many, gone. so it's bad for visitor and employees around the country. >> gu bu gogt dogs? not exactly like this dog walker for whom fort funston is, then wasn't now is his office. >> no reason to shut down parks. they could have worked out something. >> supposedly they did. back in washington but bygones? >> this should have been settled, i thought years ago. so not happy with any of them. >> me either.

me either. >> at muir woods, wayne freedman abc 7 news. >> the marin hellands are open but not as pristine. check out what vandals did where workers were furloughed. they took advantage of the opportunity. graffiti spray painted on signs. there is more vandalism on the streets. benches tagged. national park service says taking this is going to be costly. the signs have to be replaced then power washed to get the graffiti off the street and sidewalk. >> 2400 employees of nasa ames were back on the job returning employees first saw a welcome back sign approaching the gront front gate. back pay being processed so employees can focus on their research. lawrence livermore labs also reopened today. they had stopped all projects on tuesday and told 6,000

employees they were furloughed. now, furloughs won't be necessary. good news there. >> it's gorgus outside. something positive we can address. >> pose activity is going to remain with us into the weekend. it's probably good news. sheer look at live doppler 7 hd. clear skies, mild conditions. it's been a mild to warm week all week long. that pattern continues for at least a few more days. a live view here in abc 7 looking over the bay across embarcadero and clear skies. 65 san francisco now. still 80 degrees in oakland. readings into 70s in san carlos. and a cool 59 in half moon bay. another live view looking down on the bay. and we'll have temperatures into loi to mid-70s from santa rosa to napa to novato to fairfield and almost 80 still at livermore. and here is a live view from our east bay hills camera. we can see the moon. in a clear sky. these forecast features clear,

cool overnight once again. mild to warm tomorrow. and saturday. and then, we'll have gradual cooling but no sudden or sharp changes in our pattern. a forecast animation start agent 5:00 shows some low clouds off shore, looks like they'll remain off shore moving farther away during mid day and afternoon hours so, another sunny day, beautiful day. high temperatures from mid to upper 60s on the coast. upper 70s around the bay. let's take a look at our temperatures trend for next seven days in oakland. peak temperatures, high temperatures peaking saturday at about 78 degrees, then leveling off at 75, 76 sun, monday, tuesday, upper 60s wednesday and that is typical of the trend foremost of the bay area. there won't be any dramatic changes. just a few degrees up or down. overnight tonight clear skies and cool conditions again. maybe chilly in north bay

valley locations. nappa, a low expected of 39. santa rosa, 40. other locations lows into upper 40s to around 50. on we go to conditions tomorrow afternoon, sunny in the south bay. mild again highs into upper 70s to low 80s. 78 santa clara. 82 morgan hill. we'll see high of 76 in san mateo. 77 palo alto upper 60s on the coast. almost 70 on the coast. 74 likely high downtown san francisco. 70 sunset district. north bay highs into low 80s from santa rosa to nappa. east bay, oakland a high of 76 tomorrow, 78 union city. 79 castro valley inland east bay highs into low 80s. here is the accu-weather forecast. saturday we'll probably be warmest day across the board with inland highs up to 80 around the bay. then, notice each day temperatures dropping off into one, two, three degrees until

getting back into mid-70s inland. going to be a dry, mild pleasant seven days ahead. >> still head embarrassing problems for california insurance exchange. >>

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today marks 24th anniversary of the deadly loma prieta quake that hit at 5:04 p.m. october 17th, 1989 just as the world series was being televised nationwide. the quake caused damage across northern california. because of the anniversary california held its earthquake drill this year with a record number of participants. 10 million people aconsiders the state dropped, covered and held on during the great california shake out drill. in san jose, 400 children jammed under taiblz, while mobile earthquake simulator showed people just where an 8.0 feels like. the red cross recommends having three days of food and water supplies available for every family member incase of an earthquake we have a list along with tips on how to tep you -- help you prep for disaster including earthquakes just go to our web site abc 7 news.com. look for the prepare nor cal logo. tonight the state's

insurance exchange is revealing it's pulled online directory of providers and the reason? wrong information. covered california listing baby doctors as eye doctors describing others being fluent in russian and farsi when they weren't. despite glitches health officials say 95,000 april politics have been started since october 1. good news if you're looking to buy a home in the bay area. prices cooled down last month as more homes went up for sale and demand by investors declined. data quick said median sales price was 530,000s ndz september that. is down for the second month. the median price was 562,000s ndz july. prices up nearly 24% from just a year ago. >> coming up update on our top story. unions threatening to go on strike after talks breakdown with management.

we're told we may have a statement from the bart board. >> under the bay for a look at a major project designed to keep water flowing. >> the bay area team that figured out how to take turns on a

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back to breaking news bart workers threatened to go on strike tonight unless two sides reach an agreement before then. to the best we know of, they're not talking. >> announcement made by union workers after mediation failed this afternoon. both sides agree they are close to a deal but work rules remain a major sticking point. >> if there is a strike sam trance will have temporary stops -- stops outside san mateo bart stations. carpool lanes will be added. >> bart will offer direct charter bus service between nine station s in downtown san francisco, you can catch between 5:00 and 8:00 in the

morning. evening service from san francisco back to those stations will run between 3:00 and 7:00 p.m. but have you to have a round trip ticket in the morning to catch that evening bus. >> you find out if there is a last minute settlement if you down load our abc 7 news app allowing for push notification. and the abc 7 morning news team will be on to show what the commute looks like. anchors eric thomas along with traffic will be here at 4:00 a.m. local case receiving nationwide attention made its way to ninth circuit court in san francisco. pitting students wearing american flag deshirts against those celebrating kinko de mayo. >> this incident happened in 10 so drama have long since

died down. but the legal battle continues. moving from a district court to the court of appeals today. >> her son is in college but what happened three years ago still wrangles. >> our boys being teenagers, were proud of their team. had nothing to do with their political animosity. nudging. >> his son's case heard today by a panel from the ninth circuit court. its a controversy prompting a walk out at live oak high school. spirited public debate and investigation and national attention. the incident occurred on cinco demayo. some students waved mexican flags. others showed up wearing american flags. they were ordered to turn shirts inside out or go home. >> it was a student safety

concern. so they have administrators intervened and appropriately. >> but student' attorney calls it an issue of free speech. >> idea american flag could be banned on american public school is just, that is crazy. not only crazy but violates the constitution. >> a judge sided with the school, today's panel had questions for both sides. >> there was a concern and the principal or administrate went and addressed those individuals and stated i am concerned about your safety. isn't that right? >> morgan hill's interim superintendent says the campus has moved on. >> the students have come together and support diversity in schools. >> if the school wins this round the attorney for students says he'll ask for a

hearing before the full appellate court. >> thank you. on this 24th anniversary of the loma prieta earthquake we take a look inside of a water ro jekt designed to survive the worst predictions for future quakes. heather? >> san francisco p.u.c. is in the middle of an epic water system upgrade. 62 of 81 project are completed. there is one that is still a work in progress. an elevator carried people 125 feet down to the mouth of the new bay tunnel where a boring machine had begun excavating to newark building the tunnel that will be the lifeline water supply from hetch hetchy to the bay area designed to

withstand the worst earthquakes. >> it one of the major projects on our water system improvement program to make our water system resilient is this tunnel. it's under the bay. >> the new tunnel will replace these pipes, staying along the surface and go underwater but never underground n 1990s a study showed they won't survive the next big one. >> major earthquake on an active fault could create that failure of the hetch hetchy sits tim -- system. it could result in parts of the service area to be without water for up to two months. >> the new tunnel 90% complete and should be done by summer, 2014 at a cost of $215 million or less. so far, the work is six months ahead of schedule and $24 million under budget. >> we had planned make prog

gres for 50 feet a day or so. some of the good days we excavating 200 feet. >> the tunnel made of an outer ring and inner seal pipe that will be lined with a kement mortar. the tunnel will connect pipes in this shaft, then on to peninsula. abc 7 news. >> we want to take you live to oakland now. let's listen to the bart board president saying they're willing to put up more money for the deal. >> have impact on riders we're discussing those things, we thought we were making good movement on an economic package and thought as part of a comprehensive package we were making and signed off on a few agreements on the work rule. i think we were very, very surprised today. unions walked out and said they weren't going talk to us anymore and delivered an ultimatum. so we're here to say that we

want to keep this process going. we need to get an agreement with our unions. going on strike is not acceptable. walking away from the table for a comprehensive agreement is not acceptable. we've got a few options here tonight. one option and put this forward sunday, we put an excellent package out on sunday. they could take that to members and have their members vote. it's our call again to have a vote. it is the 17th of october tonight. we believe we put forward an excellent package. we'd like them to vote on it. another option come back to this building. we're here to talk and continue negotiations. for as long as it takes. with that, i haven't got anything more to say. arbitration is an option. the offer tonight is we want

parts we want then parts we don't want. i think that which is unacceptable. i think a proposal looking at two last pack yajz we provided is one we'd love to discuss with them, they're willing to discuss it with us. >> why didn't you put it out there? >> they gave us an ultimatum and walked away. >> no one is talking right now. >> is there plans later this evening? >> we're here. >> how long will you be here? throughout the night? >> we'll be here as long as it takes. >> are you available to do this? >> they know we're here. >> why not pull back the federal mediators. >> they're here, too. if they say let's get back together we're waiting with them. we can -- yeah

>> yes. >> this is an interesting new twist here by the bart board clearly putting pressure and burden of an imminent walk out back on unions saying we want to talk skmor trying to circumvent saying take it to constituent autos other interesting point is that mediators are still in the building we heard george cohen he said our work here is done. we've made grade headway but are stymied now and are leaving. but clearly they are still present. and you just heard the bart board president call for union to come back to continue negotiations. he says going on strike is not an option. >> will, they've got about five and a half hours to see

if they want to discuss it. the union says they just want to ash trait the last few work rule issues they can agree upon but bart board wants the entire pay. >> two of the last package. >> going back to square one. starting almost whole negotiation today. >> just depends. if the arbitrator going look at that rather than just portion they're not agreeing on now. so will be interesting to follow this. we'll continue to do so throughout the evening. both on air, you can follow breaking news updates on twitter on abc 7 news bay area. >> yes. we're going keep on this for next five and a half hours, midnight is the deadline. we'll sfee bart does go on strike. >> still head why end of the government shult down could mean welcome news for

end of a partial government shut down spelled welcome news for consumers. >> yes. a look head to prices we can expect to pay. >> yes. >> we'll take it yes.

absolutely. and unless we talk to say not only will consumers be in a better buying mood but better news? the prices could be good. too. the best buy snore san francisco is buzzing can w.activity on a weekday after the noon. many of the shoppers by we speak were international tourists looking to take advantage of the good deals offered in the united states. >> prices are good. it's compared to brazil, very good. >> ellen is a retail analyst with newport board group of business consultants. >> prices are excellent right now going to get better into the season. >> he says it's what consumers here in the united states have come to expect. and retail yirs aren't giving to it them. >> just a question of how they're able to buy their products. what the consumer has been demanding about value. >> in the area of smart phone

and tab blet that is driving sales. >> if going keeper, it's good. >> figures show smart phones will represent 32% of all consumer sales this year. telling us smart phones and readers will be the hot sellers this holiday season. >> if you're thinking about what our live is built around, it's cell phones and tablets. >> juan kim predicts a tablet been his holiday purchase this year. >> important to have it. everyone else has it consumers said price and features are the two important factors determining what they'll buy. best buy says consumers can get both. >> you get out of $400 today

versus last year is going to be a better product. more features. better resolution. >> sweet. he expects inventory to be good and said you should be able to find most evening you're looking for on store selfs. a day's worth of shopping with just a few clicks of a house. does it really deliver? we'll take a look at that. join me here tonight at 11:00. >> i want it later. >> we've got a reminder now. bart workers plan to strike at midnight. >> yes. and talks broke down. what we heard just minutes ago is that they're willing to keep talking here. in the hopes they can come to

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however serve getting to work one thing we know is that it will be under sunny skies. >> yes. >> spence jer back. >> true. no inclement weather. clear skies right now as we have had all week long, tomorrow, sunny skies from top to bottom. mild to warm conditions around the state that. includes bay area once again, with sunny skies tomorrow afternoon. highs into upper 60s on the coast. going to be pleasant. mid to upper 70s around the bay low. 80s inland locations here is a look at the accu-weather forecast. just keeps getting better throughout the weekend. nice and warm. temperatures tapering off each day after sunday. by mid week we'll look at highs into mid-70s up to low 70s around the bay. low to mid-60s on the coast. a few clouds into picture we

expect no rain. >> happening now in san francisco a large protest against deportation. this smart phone video just into the newsroom. you can see 100 people gather the d between jackson and washington. police are monitoring this crowd now. the protest is controlled and not violent. >> incredible amount of break news tonight. >> yes. >> we'll now have a look at sports. how did stanford bounce back after a loss of the season? saturday in a rematch

to those who've been waiting welcome to covered california. the place to find quality, affordable coverage, and nobody can be denied because of a pre-existing condition. enroll today at coveredca.com. roads did to the get easier for the stanford football team. cardinals back home facing ucla bruins. stanford beat ucla twice last year, a close one, though, a missed 52 yard field goal gave

cardinals a victory bruins much better this year. 7th in the nation in scoring averaging 46 points per game allowing only 18 points per contest. >> they know is that they're a good football team. they had a chance to tie the game and the team that plays better is going to win. they're a good team, we're a good football team, whoever plays better is going to come out with a "w". >> we'll have the game here at 12:30 kickoff and reaction on a 4:00 news if you're going to the game say hi to carolyn. clemson hosting florida state. after that another edition of after the game this is all on saturday cal bears against a tough oregon state team. dpeens last in the nation allowing 44 points per game,

only one win feeling they turned a corner. >> i added confidence we came together middle of the game. you know? felt unity between us. you know? coming together. i think like you said i think it's backed up to where we like it to be. >> 49ers going on on the road and for a while in tennessee then to londz on. good niece patrick willis battling several injuries. did play last sunday, not 100% but says is he playing. >> trying to have not excuses you know? if not there i won't be able to go to be product yismt i can't lie saying i can get to

5th gear. i don't think i can. i think first, second, third can be enough to do well. and hopefully when bye week gets here i can get back up to that 7th inning. >> sharks at first time to start consecutive seasons. and first goal scored nine seconds in. missed a franchise record by just one second. 1-0, sharks and grip it and rip it for a second of the year, right now in the second period. baseball, tigers and red sox playing game five, and that series tied at two games a piece. now red sox leading detroit in the 5th. highlights coming up at 9:00

and 11:00. this abc 7 sports report brought to you by orchard supply hardware. >> breaking news steve wagstaff tells whether charges will be filed in the case of the young asiana airlines passenger struck and killed by a fire truck. >> we don't know what that decision is going to be. we'll bring you latest information first right here on abc 7 news. >> coming up at 9:00 and on abc news at 11:00 latest on the looming bart strike, bringing you new developments. also, what you need to know and likely a chaotic morning tomorrow. >> for sure. now, look at the prime time line up at 8:00. join us for abc 7 news at

11:00. >> bart board president just wrapped up talks in oakland saying they're still willing to talk and tells us federal negotiators are there as well. perhaps they're hopeful a deal reached. we'll keep you posted on abc 7 news bay area. >> yes. i'm larry beil. we'll keep you posted on the bart situation.

this is "jeopardy!" please welcome today's contestants -- an opera singer from jersey city, new jersey... a graduate student of financial engineering, from brandon, florida... and our returning champion, and now here is the host of "jeopardy!" -- alex trebek! thanks, johnny. thank you, ladies and gentlemen. good to have you with us today. good champion in stuart, and good challengers in john and korin. so, good luck to all three of you. let's go to work.

here are the categories. and as a matter of fact, the 125th anniversary issue will focus on the power of photography, as will most of our clues. stuart, you start us. i'll take languages in the usa for $200, please. john. what is spanish? yeah. languages, $400. john again. what is german? right. languages, $600.