signs of progress on this fourth day of the bart strike well. believe bart is meeting face-to-face right now with one of the unions. these trains could be running by tomorrow morning if a deal is reached in two hours. good afternoon, i'm dan ashley. >> i'm carolyn johnson. it's good news for commuters but the commute is not good now. take a look. you can see on the left golden gate bridge but traffic is

jammed for drivers on the left side of the screen. >> it's bad. this is a live picture from our cell 7 commute cam in san francisco. inching along. traffic appears to be the worst since the strike started. many people saw commute times doubled or tripled. >> yes. battery looks brutal at the moment. the situation seems to be changing minute to minute. >> this does. we believe there is now a face-to-face meeting taking place for the first time since contract talks collapsed. >> a source tells us acu president bryant and bart general manager assistant general manager, paul overjeers are meeting at mcc building at the lake merit bart station and happens to be

next to atu offices. now, we have seen her enter this building at 111 grand this morning. which is where talks have been going on for past few weeks. she apparently left. if meeting face-to-face now that, is a step up from the weekend. bart tells us they were working with the mediator into today and hope to have a deal, a deal by 6:00 p.m. just two hours from now, which would then give them enough time to get the system up and running for the morning kmu. whether that means 4:00 a.m. or 10:00 a.m. we're not sure. in the meantime, we haven't heard from fdiu except to say, hope to talk to bart face-to-face. we're led to believe they have not had that opportunity. it's only been a shuttled

diplomacy going from union to union and back and forth. sense is mounting if there is a hope of closing this evening, they are saying they hope to by 6:00. it seems impossible if considered bart has not yet met face-to-face with fdiu. >> heather, thank you. we're expecting a briefing from national transportation safety board investigators at 4:30 for an update about saturday's deadly accident. bart track inspector christopher shepherd and contract worker larry ellis struck and killed by an out of service train. we'll bring you their briefing live during this news contact whit happens. >> san francisco spending $100,000 a day to deal with

the bart strike. the mayor talked by phone to both sides, he did, mayor ed lee, cut his trip to china short and is urging both sides to get a deal done tonight. >> we're back on conversations letting them know that they need to get this settled and, i'm not taking sides. i do think they have the where with all to reach an agreement. i encourage them to do that, today. >> here is another live look at our commute cam. and gridlock in san francisco. using cell 7 technology, slow going on battery street once again. abc 7 news is here with a look at roads throughout the bay area. >> this commute was approachus. let's go to our first live shot taking a look at the san

francisco skyway. you can see they're on the left side of the screen, those cars are making their way to the lower deck. bay bridge. so your drive going to be nurjing short of 45 minutes. traveling along into westbound direction not too bad at this hour. we can see it's wide open now. we're at a 14 minute commute that is pretty normal at this hour, taking to it our next live shot, i want to show you your drive off the bay bridge and heading through berkeley towards university avenue, the university avenue overcrossing now we're at 15 minute as head away from the maze. >> to you thousands started lining up around 4:00 this morning. >> i saw people lined up on the way in, too. some people are turned away because buses were full.

>> abc 7 news has more now from walnut creek on commuter frustrations. >> this is a first sign the commute would be different than friday's. take a look at the line of people in walnut creek. >> frustrating. yesterday i was with my family, and had to cut it short because of this. it's frustrating. >> people were in line for the bus skppl came early not sure what to expect. >> i i'm nervous about getting home. >> commuters said the ride home was brutal. >> hoe, three hours. >> these early birds got a ride into the city. bart brought in 13 more buses and several of them started to show up at 5:00 to respond to the rush. looked like a commute would be

a smooth one. with you but then arkt 7:00 all buses for wall yut nut creek were full. >> what happened is that it was busier today, we're going try to get higher allocation for walnut creek tomorrow he told commuters to try lafayette. commuters worried about the gamble. >> traffic on 24 is crazy. so i'd rather carpool. people realized they were going to be late to work. >> everyone just wants to go to work. i know everybody does. >> carpools took an hour to get into the city. if you want to see it on the bus show up before 7:00. >> just a has yes. keep it tuned to abc 7 news for latest

developments on your commute. you can allow push alerts as soon as they happen. >> another strike possibility now by ac transit. a panel heard from labor and management today in oakland. money and break times appeared to be major issues. this is the first hearing to call a 60 day cooling off period. the panel will write a report for the governor to decide whether to ask a judge to grant a request for the delay. >> if ac transit does strike, we'll do what we've been doing during bart strike, assemble a number of resources for you on abc 7 news.com to help you plan your commute. you can down load the waze traffic app and follow us on twitter on abc 7 news bay area for breaking news. >> details are emerging this afternoon about a deadly shooting in a middle school in

sparks nevada just east of reno. police say a student opened fire on the school playground just after 7:00 this are morning killing a teacher, wounding two classmates before that student shot and killed himself. 20-30 students watched this unfold. >> a kid started to get mad. and he pulled out a gun and shoots my friend, then walked to a teacher and said back up, teacher backed up and he pulled a trig yes, that happened he ran towards the inside and started firing there. then, he jumped the fence. >> the shooter has been identified as a 7th grader. his name and age have not been released. reports say the boy had been bullied. the teacher is a 45-year-old being called a hero forgiving students time to run for cover. he was a military veteran leaving behind a wife and two step daughters.

>> let's talk about the weather forecast. >> here is a live doppler 7 hd. you can see fog still lingering near the coastline as it has been. it's been chilly and we have lots of sun over the bay and inland communities. current readings 53 here in san francisco and oakland. near 70 at san jose, 50 at half moon bay. another live view looking down on to the bay. you can see a finger of fog there. so other temperatures now 73 in santa rosa just below 70 degrees in napa. 80 in fairfield. looking towards sutro from east bay hills camera, this is our forecast. we'll see more lingering coastal fog tonight into

tomorrow morning but will be a mainly sunny start tomorrow morning. and afternoon hours, sunny skies, mild from coast to inland. i'll have the accu-weather forecast a little bit later. >> spencer we'll see you then. >> still head on abc 7 news at 4:00 check out this heavy smog. how bad is the problem for residents in one country. >> then legal trouble one mother now faces after she brought her baby along during jury duty. >> michael finney is taking your consumer questions and will answer them here live just a little bit later. you can contact michael on facebook.com/michael finney and on twitter. >> in the abc 7 traffic center on the lefthand portion of the screen, cars just oozing over to the bay bridge. i'll have the commute

nightmares, and traffic coming up 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. the only bed that knows you. and there's only one place in the world you'll find the sleep number bed:

at a sleep number store, where queen mattresses start at just $699.99. and right now our newest innovations are available with 36-month financing, including the sleep number performance series. sleep number. comfort individualized. yeah, it's perfect for us tv fans. no...me. they made this for me. oh, and you've worked out a theory. this is exciting. what's the evidence? alright, evidence... u-verse has over 185 hd channels. i love hd. everybody loves hd. [ male announcer ] call now to get u-verse tv for just $19 a month for two years with qualifying bundles. and you can upgrade and get access to over 185 hd channels and more hd dvr capacity than cable. i also hate to delete episodes of my favorite shows. and? and u-verse has more dvr storage than cable. you think this is all coincidence? i think you need a new coffee table. you're probably right. [ male announcer ] call now to get u-verse tv for just $19 a month for two years with qualifying bundles. and ask about adding the wireless receiver,

only from at&t. maybe u-verse was made just for. yes! didn't you build this wall unit here and then realize the tv outlet was way over there? without the... [ both ] wireless receiver. yes! i would look foolish. i know. yes! that's the missing piece! [ male announcer ] rethink possible. while everyone hopes for a settle, the evening commute is under way without bart this, is what some folks are dealing with. >> just hideous on battery street. there is gridlock right now. ken miguel says he moved two blocks in 15 minute autos what a nightmare. >> let's go to abc 7 news

allen wong. in san francisco, where allen, folks are trying to get out another way. >> an attendant says the line started building up around 2:30 this afternoon. saying it appears everyone is getting off work earlier and wrking with more urgency today. they're uncertain when they can catch another bus or just don't want to way. we're going to talk with some people who are riding the bus and ask how their commute was this morning, how many people were in the office and how much work was done. that is coming up at 5:00 tonight. >> net flix releases solid third quarter earnings. >> emily chang is here with the after the bell report. good afternoon, original shows

are leading to tons of green for net flix. the service turned in a solid quarter. subscribers totalled just under $30 million. that means they now have more paid subscribers. >> facebook launched a tool. the story story to share feature still in testing mode part of a social network effort to simp fully pli fi to post on facebook helping to drive traffic to news providers and meant to help the social network compete against competition from twitter. >> black berry rolled out messaging to apple and an droid users. it has been losing market share for years. stocks closing, little changed today head of tomorrow's september jobs report.

your bloomberg silicon valley rising higher by a gain in apple shares. the gain coming ahead of the tech giant press event tomorrow right here in san francisco. you can expect a thinner ipad and updated ipad mini with high def screens. dan, carolyn, back to you. >> thank you. >> authorities in northern china closed schools and took steps because of severe smog. take a look at this, it's remarkable. visibility shank to less than half a football field. fall and winter are the smoggiest seasons because of the increase in burning coal for homes and heating system autos that is unbelievable it is crazy. >> yes. >> white out condition autos yes. yes. >> spencer is here with the accu-weather forecast. but first we want to congratulate spencer for four decades on television. >> yes.

so excited this weekend. >> spencer got a job as a weatherman in 1975 but says he wanted to be in news first, and he was, he joined us here in 1999 after spending 12 years on "good morning america". great lunchen, and congratulations autos thank you so much. >> like a fresh start all over again. >> here is a look at live doppler 7 hd. sunny skies over the bay and inland. things still dreary looking. getting milder but not so much this spot we're looking at at the moment. forecast features fog near the coast and overnight. milder pattern next two days and turning cooler towards the

end of the week. there may be sneaker wave asks we're advised to avoid outcrops and jetties and have a powerful hurricane brewing down into and along mexico southern pacific coastline and points north they're feeling heavy rainfall from this category three hurricane. powerful and dangerous storm packing winds 125 miles per hour, gusts to 155 miles per hour. it's stationary. expect to it start drifting slowly towards west northwest over two to three days and of course as it does so, expected to weaken gradually. but could with a major rain producer, overnight tonight, clear skies inland. and tomorrow, sunny skies by afternoon.

77 in san jose. peninsula, will be sunny skies by afternoon with highs into mid-70s. 73 at san mateo. 75 palo alto and on the coast lingering fog with little breaks of sunshine here and there. highs ranging from upper 50s to low 60s downtown san francisco. a high of 66 tomorrow. some nice, mild upper 70s inland to napa. on east bay highs of 72 degrees in oakland. 76 fremont. inland east bay, highs low 80s. here is a look at the accu-weather forecast. temperatures remaining into mild range throughout thursday, we'll cool down friday. just a few degrees, temperatures bouncing back saturday, then further cooling sunday and monday.

high temperatures dropping down to fall like level autos thank you, spencer. >> thank you. >> thank you. >> coming up next shark player giving up a cave man look for a good cause. >> and a father's different approach when dealing with his child's temper tantrum goes viral. >> you can see commuters throwing tantrums themselves today. looking like an 11 minute commute coming away from san pablo. headlights 14 minutes get you into san pablo.

to those who've encountered welcome to covered california. new, affordable health plans so you can be ready for whatever comes your way. enroll today at coveredca.com.

san jos eye sharks forward is getting ready of the signature bushy beard. and burns hopes to raise 5,000ses today help kids and is going he let teammates do the shave next month. the top three will get to witness the shaving in person. >> that is nice. >> i am kind of wondering how

far up they might go. >> right? >> tonight there will be a spin. >> all couples perform a style they have not yet danced. we have a preview. >> we're six weeks into season 17 on "dancing with the stars". for many, they feel their journey is right on track. >> this is what i am supposed to be about. that is what people, they want to see who has never done this. i was fortunate enough and i got a winner. and he's making it fun and a dancer. >> i had no dance experience,

that, on the first day i was like i don't know what i'm doing. so we're going see how this goes. i'm hopeful. i had no idea. >> cheryl burke turning jack osborne into a dancer. he knows there is a lot to live up to here. week four, he nails a dance earning triple nines from judges. >> it's memorable that is like perfect. you know? when you die and go to heaven, and angels do pso doble, that is what it looked like. >> this week he's looking for another victory. >> our song is exactly epic. that is the only way to describe it. there is a lot to choreograph every team to something. you know?

it's powerful. i like, when i take them right now. >> we're doing a handle. >> music. >> no. >> no. >> we do know. >> next week we're going to shake it. >> another night at dancing fun begins at 8:00 but at the end of the evening one more couple will be eliminated. >> and remember, you can catch two hours of "dancing with the stars" here at 8:00 followed by castle, then join us tonight at 11:00. >> good night on television. >> still to come at 4:00 we're going to check in on the drive home. an effort to get out of san francisco. we're learning bart is in talks with at least one union. >> plus, obama care glitch. what the administration is now trying to do correct the

flawed roll out. >> that is coming up z the uc berkeley graduates needed help from the president to make it through today's health care to thsuffered in silence... hoped... and lived in a state of fear... welcome to a new state... of health. welcome to covered california. the place to find quality, affordable coverage. financial help for those in need.

and nobody can be denied because of a pre-existing condition. enroll now at coveredca.com.

>> it is a slow commute. on the left you can see the san francisco skyway, gridlocked there. and right sit our commute cam in traffic in san francisco and going nowhere at light speed. >> yes. we're here with a look at roads right now. >> it was agonizing and going to be this afternoon. let's go outside now and take a look at this drive. it's going to be your berkeley commute into the east bay section. you can see how close traffic s about 15 minutes. >>. >> there is a briefing underway from the deadly bart accident from the weekend. >> we planned for and scheduled interviews accomplished today.

this evening, and every evening during this portion of the investigation, the parties will meet, report and discuss their progress, findings and activities and also, plan and coordinate for next day's activities. the on scene face is a gathering phase and can last from days to weeks. the organization that are assisting us include state of california public utilities commission, bay area rapid transit district, federal transit administration, the department of industrial relations as for today, the should be completed later by this evening. we'll discuss their progress tonight. mechanical inspections have been completed and we'll

discuss findings later tonight. we conducted interviews with four employees today to obtain information relative to dispatch and activities, traffic inspection activities, and operator training at the time of the accident. this took the entire day to complete. we continued to receive documentation from bart. there is a tremendous amount of information thus far we're just beginning to examine. there were no passengers on board at the time of the accident. operation of the train was for training. and maintenance purposes. there were six employees on the train at the time of the accident we have begun to exam down loads from the train equipment, image recording

equipment is being prepared for shipment to our laboratory in washington, d.c.. this is the data from image recorder and operator cab portion of the lead car and from image rofrders within the passenger portion of the car. tomorrow, we'll conduct additional interviews. after tonight's progress meeting i do expect others will be identified we'll interview. national transportation safety board will meet to plan, coordinate and develop protocols for site distance and break testing. that is akin to a reenactment. again, if you didn't get the press number i'll give it to you real quick. contact in our office is eric white. i'm prepared to try to answer some questions. the question did we operate the driver? yes.

the question is had he heard over the radio there were people on the tracks? there is a system in place to where they will announce where people are out on the right of way. we've just begun to gather that data and what announcement was when it went out. and that is all i can comment on now. i can't go into detail >> she is asking about the operator having sufficient training. this was a nonrevenue trip for the train for training purposes. as well as maintenance personnel to do checks and tracks and equipment itself.

so he wasn't -- he was in training. he's in operator compartment in the t. the training is part of the certification process i know he has positions with bart. i'm gathering that information. >> did you listen to the driver in training? >> we interviewed his supervisor. and someone from the dispatch office. no one on the train was hurt. >> that is some information from data that we've asked for that we have been receiving

you've been hearing about the lead investigator talk about how the investigation is progressing into the deadly bart accident on saturday when two employees died on the track autos some proceedal discussing how investigations will continue. he said the operator was a training that day and there are no passengers so we'll wait wait to hear more. that as a back drop in the middle of the bart strike. commuter dz not drive or take the bus to get away the bay packed on to ferries instead. >> yes. there with 7500 riders today. >> more on the commute from oakland. >> some people walked and some

ran to line up. >> this is a lot. a lot. >> 19,000 people expected to ride ferries compared to just 3,000. we have customer assistance staff so we have a full deployment. >> we need your parking validations. do it now. >> here have you to buy tickets on land but leading san francisco, you buy them on the boat. just one more detail for commuters. >> it's great. i love it. >> you can tell bart unions. some are blaming bart workers for the strike that put them here, others blame man. as lining up on a blustery monday morning a lot of people were mad at both. >> yes. angry.

with workers and management. i'm for riders not any part of bart. >> many had to wake up an hour or two earlier a few managed to keep a sense of humor about it. >> you can see there has been a constant flow of people walking down that pier, whether or not there is a ferry parked. you can imagine parking here has become an extremely short supply. they're asking to you find another way to get here besides driving. >> we're asking people to use hash tag dear bart to tell us how the strike sim pacting their live autos dear bart i am inconvenienced by the strike but i get to enjoy a nice ferry ride through the bay. i hope you resolve your

strike. >> dear bart. please get your stuff together. it's messing everything up. >> dear bart initially i was angry with you. but currently i'm pretty happy because i'm going to have a new e home for the day. i'm headed back into bed >> you can send videos to abc 7 news facebook page. >> get the latest on the commute in the am so tune in then. >> coming up at 4:00 child temper tand trums are never fun. >> no. one couple made the best out of a situation. their 6-year-old refused to stop yelling. >> so i'm still taking your

questions. you can contact me on facebook.com/michael finney abc 7 and on twitter at m finney. i'll answer questions here live in a little bit. >> looking down into the bay we can see a finger of fog pushing through. coastal fog holding on. sunny skies else wr. i'll have the accu-weather forecast coming up. >> under sunny skies there is a chilling site. traffic trying to make it on the lower deck of the bay bridge. goitsing to take sometime to make it home

if you have kids you know dealing with a temper tantrum can be very trying. one dad decided to have fun with it to lighten the mood. >> kathy took this video of her husband lip syncing their 6-year-old daughters nonstop tantrum. she had been wiging out for an hour. >> dad stepped in to try to lighten the mood for everyone else in the house. her mother was quick to point out child is not a beast just having a rough day. >> you can see a little

brother getting a kick out of that. or big brother. >> that is good. quite the actor. >> let's get another check of the forecast now. >> how about fog going away sni want sunny skies. here is a look at live doppler 7 hd. we have fog at the coast, dra. here is a lk at national weather picture. there may be some thundershowers but western three quarters will be sunny skies and dry. and closer to home tomorrow, look for sunny skies into 92 around palm springs. here in the bay area, we can

expect mild we are yerj picture across the board than today. highs just above 60 in spots. mid to upper 70s around the bai. upper 70s to low 80s inland tomorrow, looks like a couple nice mild twoorm days. cooling down towards the end of the week. >> sounds good, thanks. >> michael finney is next taking your consumer questions. >>

president obama promising to fix online problems plaguing the roll out of the affordable care act. the president calling problems unacceptable. many have been unable to create an account or log n maybe this happened to you. others say they've received confusing error messages. >> nobody is madder than me about the fact the web site isn't working as well as it should. which means it's going to get

fixed. in the meantime, you can bypass and apply by phone or in person. so don't let problem was the web site deter from you signing up. >> the president says the best tech experts are doing everything possible and blames problems on overwhelming response to the plan. administration says the site attracted 19 million unique visits since rolling out. >> the president had to pause near the end of the remarks when a woman standing behind him nearly fainted. take a look at this, carmel allison became wobbley and needed help to keep from falling. in a telephone interview she says dehydration as well as being diabetic and pregnant took a toll. >> i'm 20 weeks pregnant and hadn't had much to drink because i was worried about need to go to the bathroom during the speech and the sun hit me i got light headed but everything is okay now. i'm back to nornl. -- normal. >> poor thing.

she was lead way and treated. the president joked this is what happens when he talks too long. she lives in san diego and graduated from uc berkeley representing american diabetes association at the event. >> she handled it great. the president really helped. michael finney is answering questions sent through facebook, twitter and e mail. first leah e mailed why must i fill out a u.s. customs declaration sending care package to a service person? >> because they're going to an american base. they have a ban on certain literature or things like that we have to abide by them, too

you can see army post office. >> my daughter is trying to establish credit denied due to no credit history. how do young people establish credit with no history? >> i'd like to give you credit but you don't have credit. isn't that crazy? here is how do you this. back in the day go to a furniture store and buy a sofa or something. now, you get a credit card where you put money down, called a secured card. so you go get a normal card then earn credit. >> good to know. didn't know existed that way. >> mike e mailed a phone company include my name and address and billed me. i never opted nchl do i have to pay? >> this is such a scam. this has been going on 30

years. look. just ignore these yahoos. they called up, they are trying to trick you. when is the last time, like, yellow page ad not put out by mabell? come on. there are legitimate ones but there are a lot where they say she the signed you up. >> don't take the bait? >> don't take the bait. >> coming up next, jury duty lands a mom in court. >> why she's being held in contempt for bringing her baby to the courtroom. >> coming up we're following details on the bart strike and negotiations that just resumed. >> also head insurance rates going up everywhere except california. i love watching tv outside. and why can you move the tv out here? the wireless receiver. i got that when i switched to u-verse. but why? because it's so much better than cable. it's got more hd channels, more dvr space. yeah, but i mean, how did you know? i researched. no, i-i told you.

no. yeah! no. the importan and i got you this visor. you made a visor! yes! that i'll never wear. ohh. [ male announcer ] get u-verse tv for just $19 a month for two years with qualifying bundles. rethink possible. with qualifying bundles. 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

to thoseworried...ited... poked and prodded... taken risks... and lived in a state of "what if?"... welcome to a new state... of health.

welcome to covered california. the place to find quality, affordable coverage. financial help for those in need. and nobody can be denied because of a pre-existing condition. enroll now at coveredca.com. a legal battle in missouri over motherhood and jury duty. a woman told a judge she could

not leave her 7-month-old behind because she breast feeds. she brought her son to jury selection. that act angered the judge charging her with contempt and issued a $500 fine. the judge gave her two options. >> unfortunately axel doesn't take a bottle that. is not an option for us. other option was to just have someone stay with me, all day, and then, be able to nurse on breaks. but... since i'm a stay at home mom we don't have child care. >> now, a hearing over the charge is scheduled on thursday. the judge is not commenting in this case. you can imagine this story generated a lot of interest on our facebook page. you can join the conversation as well. go to facebook.com slash abc 7 news. thanks for joining us for this edition of abc 7 news at 4:00. the news at 5:00 begins now

with dan and cheryl. >> thank you. >> new hope idle bart trains could get moving again. negotiations back on and we'll have a live report. >> latest on an investigation into the two bart workers killed by a train this weekend. >> and happening again. a student walk into a cool determined to kill this, time, in nevada. >> i'm sandhya patel. temperatures down today. i'll let you know how much they'll fluctuate the rest of the week coming up. >> this is a another day of the bart strike, second commute day of the commute mess, here is a look. you can see that it's slow and go getting to lower deck of the bay bridge there. is a possibility the strike could end tonight. let's take a look at our cell 7 technology. you can see traffic is not

moving. at battery and clay. good evening. >> both sides are hoping for a deal tonight that could get the trains running by morning. they're talking and abc 7 news is live with the latest. >> a thank you. is meeting face-to-face with bart management now over it's pell poll continue transportation commission building. fdiu says it's been ready to meet with management all day, but still waiting at its offices on oak street. fdiu says it did meet loiers at 7:00 and with deputy general manager at 10. today, bart saying it hoped to close a deal by 6:00. that would allow enough time for the system to be up and running by the morning commute. as 6:00 hour approaches, it seems more and more unlikely bart can wrap up with atu and

fdi skpu. meet that goal. >> bart is in conversation with mediator. >> can't you get into details? >> we're at a delicate point in negotiations and want to make sure all folk jus at the table. >> we hope to have n an exchange this afternoon. and so far, we're still waiting for that. but want to do it quickly and as soon as possible. >> last strike deal announced at 11:00 p.m. trains running by 3:00 the physicalling afternoon. live in oakland, abc 7 news. >> thank you. >> talks continue, commuters trying to get home the best way they