haven drive in san jose. deputies found a man suffering from one gunshot wound last night at 11:30. he died at the scene. we are waiting for an update. >> bart commuters hope there will not be another strike after discovery that threatens to blow up new union contract. bart directors will hold an emergency meeting today over the stunning news reported by abc7 on twitter and at 5:00. matt is at fremont station. >> the big question: if the bart board does not approve this contract, could there be another strike? this snag involves a provision in the contract signed by both sides back in july included in the final deal approved by the unions allowing since weeks of paid family medical live but they have to use up their vacation and sick time first.

>> there is a paid family leave benefit that managed to be in contract despite prior agreements it would not be part of this contract. >> we reviewed our agreement. we swapped agreements. they understood what was in the package. we showed it to them before we voted. everyone understood. >> does this lay the ground work for another strike? they hope the board will ratify the contract. the board will discuss the contract dispute in a closed meeting this afternoon and they are scheduled to vote on the deal next thursday. >> golden gate bridge directors meet to discuss options on increasing tolls to cover $142 million in a deficit expected the next five years. it could go up to $8 to cover the shortfall.

the process will begin with hearing soon. >> san francisco is turned into gotham city with a wish of becoming batman is about to be true. we sit down with the super hero in training and his parents. now we have this story only on abc7. >> five-year-old miles will become a super hero, the little boy will transform into batkid but he doesn't know it. he thing he is in san francisco to get a batman costume because of make-a-wish foundation. >> you wish to be batman? >> yes. >> why do you like him so much? he has lived with leukemia since 18 months old and is in rehis and ready to really start being a kid. >> the new chapter in miss life kicks off when he sees a message

from familiar faces. >> we begin the broadcast with breaking news from san francisco. >> please keep crusader, we need you. and bring the batkid. >> police chief will need his help to rescue a dam sell in distress and capture the rid her and chase down the penguin to save the giant mascot and at city hall, the mayor will present miles with a key to the city. the entire bay area has come together to make miles' wish come true. there is a question vice for him to disarm and a general lamborghini owner is providing the batmobile. the parents are thankful. >> it is neat to see how many people have gotten together for a stranger and show support. it is harm warming. >> isn't it amazing? this is front page of the gotham city chronicle, e-mailed to us

with a thousand special newspapers will be handed out at union square with a headlight "batkid saves city." amy hollyfield will have more at the top of the hour. we will be tweaking adventures each step of the way today and you can follow us on twitter to experience it in real time. if you would like to find out how to help the make-a-wish foundation go to our website at abc7news.com. >> same bat time, same bat channel. if you are flying out of oakland international airport during the holidays you could run for a strike by food and retail workers. 200 store and restaurant employees will walk off the job between thanksgiving and the end of the year. the union local 2850 says the date and length are not set and they staged a strike in august push for better wages and benefits and their employer says passenger legals down.

officials say restaurants and stores would stay open if the workers go on strike again. >> more international aid is arriving in the philippines as humanitarian workers rush to rescue and feed the victims devastated by typhoon haiyan. this morning, a philippine civil defense official says the death toll has risen to 3,621, an increase of more than 1,200 from yesterday. officials say the new figure included all the prof -- provinces hit by the typhoon haiyan. >> measures trained in disaster relief are on the way to manila right now from the registered nurse responsest flew from sfo with nationwide a thousand nurses providing volunteer services to the philippines. katie marzullo has a report at the top the hour hearing from the bay area nurses would have volunteered. >> if you would like to donate to the relief efforts we have

the information on our website at abc7news.com, click on "see it on tv." the public is being invited to a holy mass in san francisco for victims and survivors of the typhoon haiyan on sutter street near powell starting at 5:00 p.m. and put on by the consulate general of the philippines. >> investigators hope a new sketch will lead them to a man who raped a student in cupertino at deanza college in his early 20's and up to 200 pounds with shoulder length dark brown area and prominent acne on the children. this happened in a woman's bathroom on campus november 4, the victim may have been targeted because of her identification as pan sexual means attracted to people regardless of their gender or sexual preference. the rape charge could include

hate crimes. >> could the t.s.a. hernandez have survived if he did not wait for 33 minute after being shot before being put in an ambulance at lax? they had to wait until the terminal was considered safe this was no threat from the accused gunman for all but five of the minutes because he had been shot and taken into custody. it is not known if hernandez could have been saved if he were treated immediately. >> on capitol hill, president obama had his say on reversing millions of insurance cancellations issued under the new health care program and house of representatives republicans are expected to push through a bill today to permit companies to continue telling the plans with the president apologizing again yesterday for problems with the health carolout, senate democrats are also scrambling to come up with their own legislative fix. >> the picture looking pretty clear this morning. we will talk to mike knack about

that. >> it is cooler this morning, up to 12 degrees cooler in napa and six in oakland and san jose and three in livermore and around san bruno and one degree cooler at 52. san francisco is 51. 52 also in novato. upper 40's for oakland, hayward, fremont, mountain view, and 47 in san jose. we are at 44 in san ramon and 51 in concord. it is 37 with thing for -- with fog forming in napa. a lot of sunshine to start and temperatures holding in the 40's to near 50 through 7:00 with a few isolated inend what. the sunshine, no need to worry about fog or high clouds and 58 to 62 at noon and 56 to 64 at 4:00. that is close to where we should be. low-to-mid 50's already by 7:00. grab a good-sized coat you will need it. secondary public of cool air comes tomorrow and the rain stays to the north hanging around through sunday and we may

warm up a degree or two on mop. high clouds and sunshine rolling through the weekend. here is traffic. >> good morning, everyone, as we take you over to berkeley you can see what a clear drive i is on the bay bridge, and this is wide open and top speeds and no signature alerts. no overturned big rigs. away from highway 4, westbound 80 it is looking nice through the hoffman split at 72 miles per hour, a bit too fast, headed to emeryville with construction in san jose southbound of 880 to 280 we have lanes shut down until 6:00 this morning with 280 running smooth headed northbound and southbound into cupertino. we will look at the wind advisory on the san mateo bridge but the tail lights moving westbound direction from hayward to foster city so watch out for the gusts. >> caught on video, a

transgender student ganged up on at an east bay school and what sparked the violent fight. >> the outpouring of support for an a.c. transit rider identified as gender neutral burned on the bus. the lesson the family and friends say we need to all learn from the attack. >> a lesson in scene ross it, students in san jose will learn that today after becoming

covering san rafael, south bay, pleasanton and all bay area this is abc7 news. >> good morning. the nfl is scheduled to meet with family dolphins offensive lineman martin accused a teammate of harassment and says he was repeatedly harassed by incognito in others in ways beyond the traditional locker room hazing. ing cog nature has been suspended for conduct detrimental to the team after

martin left the locker room 2 1/2 week ago. espn reports incognito filed a grievance challenging the status. >> call is going out for greater toll ran at hercules high school after a fight between a transgender boy identifying at a girl and girls that the teen accused of bullying her. >> the school provided this cell phone video of the fight. it started when the boy who identifies as a girl responded to relentless teasing by slapping another student. other girls joined the scuffle against the transgender teen. all of them now face possible punishment for the fight. >> support for a teen set on four by another teen is growing. hundreds marched in honor of sasha fleischman who suffered second- and third-degree burns and to raise awareness of gender identity. >> there are a lot of people carrying the banner with me.

>> the parents of waving the ban neither for rights after her child's skirt was set on fire because of gender identity. >> we have choice. that is okay. sasha, born male, was wearing a skirt and napping when a 16-year-old student set sasha on fire causing serious burns the students from oakland high felt compelled to march. >> he doesn't represent what our school is about. 250 people are marching here, many of them family, and for many of the parents it is an opportunity to teach their kids a lesson. >> david and another father wore skirts do make a point. >> it really doesn't matter what you are wear on the outside, it marries who you are on the >> the marchers hope to raise more awareness of gender identity. >> two days ago his family

re-opened a donation page. so for they have raised $26,000 to help pay for the medical and rehabilitation needs and to promote acitizen da identification awareness. the goal is to raise $5,000 by the end of the month. >> safe way representatives will head to san jose to donate 35 ipads to a school that was burglarized after 62 ipad s and laptops were stolen which were purchased by the parent group. the district will replace the laptops with money from the general fund and safeway will replace the ipads. the items were valued at $72,000 and not enough to meet the school district's insurance deductible. >> this is a big day to bay area seafood lovers, the

the new regulations have a limit to give smaller operators a chance to get a haul. they get $3 a pound for the cash so you will pay between $5.50 and $6.50 a pound for fresh crab. >> the weather is not getting away to bring all that crab in. >> they will have issues on the ocean. it will be breezy. you can see the small craft advisory, on the northwest at 20 to 30 knots. yesterday was off to a good start with no win. we will have choppy seas through 9:00 tomorrow morning. that is the challenge for the fishermen. we will talk about what is going to happen: you can see the next system coming at vancouver, seattle, portland, the next push of cool air coming in with high clouds and it is limited. it is moisture.

we will have mostly dry weekend. from the east bay hills, it is clean but cooler air. we have sunshine but temperatures not much different than yesterday. there is chilled sunshine. the high clouds and cool breezes with high clouds and the cool temperatures on sunday but not so windy. it always sees like it is next week. we have a chance of rain. next week. tuesday and when. fingers crossed. getting a lot of e-mails about it. i feel your pain. 62 in milpitas and 66 in los gatos and morgan hill and san jose at 64. up the peninsula we go low-to-mid 60's from millbrae at 61 to 64 in los altos. the coast is brisk with breezes and temperatures in the mid-50 but dress for something cooler, and low 60's downtown and south san francisco and mid-60's through the north bay valley

with mid-to-upper 50's at the beaches and the east by shore low-to-mid 60's from 62 in berkeley and alameda to 64 in castro valley and the east bay valleys we have mid-to-upper 60's. tonight it is cooler than this morning and our shelter valleys will see more 30's up north and most of us in the mid-to-upper 40's. here is what is happening tomorrow. you can see the next system looking impressive we around shasta and look what happens as it moves into the northern part of sonoma, rain is falling apart by noon. in the afternoon, there are the high clouds and the breezy conditions. here is the seven-day forecast, drop us another two to four degrees tomorrow and we will hold steady through sunday with a little bit of a warming trend on monday before the next system comes this with a chance of rain on tuesday and wednesday. leyla gulen? >> we will look as we head into the east bay where we have slight buildup of traffic over

the altamont pass and yellow there indicating volume but we still are at 58 miles per hour so it could be worse as we continue in the westbound direction we have clear conditions into livermore and pleasanton. we have construction northbound 680 and that is where we have clear conditions but with the construction crews slow for the cones, that is there if 10 minutes and they are wrapping it up. southbound side away from walnut creek and to the dublin entrepreneur, it is nothing but top speeds. i will look at the peninsula traffic coming up in a little bit. >> speaking of the peninsula, three bay area police departments are stepping up enforcement to protect motorcyclists in san mateo county including daly city, colma and burlingame where motorcycle crashes tend to

happen. officers will look if riders and drivers who are speeding, making illegal turns other other dangerous violations. this year, five motorcyclists have been killed already in san mateo county. the goal is to reduce the number of deaths. >> the peninsula humane society is looking between a ten week old pit bug puppy that was found in palo alto november 1 that had been attacked by multiple dogs and left for dead. there was no blood in the area leading police to believe the puppy was attacked elsewhere and dumped at the scene. the humane society is offering a $1,500 reward for information about the attack. >> the east bay's largest bus system is on a role and what a.c. transit says is behind a big jump in ridership. >> closed for renovation big changes when san francisco's iconic coit tower re-opens.

>> could mcdonald's new requested have you eating your big

we have breaking business news, jos a. bank is pulling out of a deal with shares dropping. they made an offer of $489 a slayer for men's warehouse in september but men's warehouse reject it calling it inadequate. banks said they would drop it if men's warehouse did not engauge in negotiations by yesterday but least the door open for future talks. >> next week the palo alto city council will consider equipping officers with body mounted camera similar to the camera oakland police officers clip on their uniforms. our media partner, the san jose mercury news, reports that palo alto motorcycle officers use

them when they will considered to be purchased by the city council on monday to replace cameras currently installed in police patrol cars. miss say the cameras offer protection for officers and the people though contact. >> if action transit buses seem more crowded there is a reason. the bus agency says they carrying 19,000 extra riders each day or 11 percent more. a.c. transit officials credit the addition of 100 new buses to the fleet which have cut down on vehicle breakdowns and missed trips. end of next year they will have more than 200 new buses that are more fuel efficient and more comfortable. >> comfortable? only if you have a heavy jack oat. >> the car is going to be cooler this morning. it could take longer to remain warm up. yesterday we could not see the top of the embarcadero center because of the fog but now we

can. 24 hour fell change with more sunshine temperatures are close to where they were yesterday at 64 in fremont and san jose and 63 in oakland and 61 in san francisco and 62 in santa rosa and two degrees warmer and concord at one degree cooler. it is quiet across the state. there is a chance of scattered light showers around los angeles and san diego with mid-to-upper 60's and 80 in palm springs and upper 60's to 70 through the central valley and temperatures are back to closer to where they should be in tahoe at 47 degrees. leyla gulen? >> we have debris in the lanes blocking off the lanes northbound side of 87 coming up to santa clara treat which could impact the commute. watch out for that and drive carefully northbound continuing up toward the san jose airport looking clear southbound not too bad. as we look at our drive time traffic 680 from walnut creek to dublin at top speeds 101 is clear from santa rosa and through the santa cruz mountains along highway 17 at 23 americans the golden gate bridge is clear

with no fog from sauce lady and into san francisco. >> if you have friends in town would want to visit coit tower in san francisco, do it this weekend, a start-up construction sign went up and on monday, work to renovate the landmark begins so sunday is the last day to visit until mid-april when tower is expected to re-open. the city is repairing water leakans that damaged the 80-year-old tower's interior. when it re-opens there are new vendors operating the elevator, gift shop and food cart. >> play station 4 are winning car races in game rooms around bay area this morning. buyers lined up outside the stores early on thursday morning for a shot at the first batch that went on sale at midnight. this is the game stop store in san francisco on market street which costs $399. it has been seven years since sony released their last play

station. >> mcdonald's has a new idea to make fast food even faster food. the chain is 13ing of adding another drive through window called "fast further," to wait if the orders are not ready. there is one to order and another for pickup but it is backed up if an order is delayed. drive through accounts for 70's percent done done sales -- mcdonald's sales. >> the light in the sky is for the batkid to the rescue, to make the have hero in training have his wish come true with a big day of crime fighting ahead the. >> the through bart deal could be reject the because of an unbelievable mistake. >> the vote today that could determine if the oakland a's will play at at&t park

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live from the kgo-tv broadcast center this is abc7 news. >> holy batman it is friday, a big day here if san francisco. >> she meant to say holy light chop, mike. >> as long as she is not the rid dler, it is too early. >> the radar and satellite shows no radar run, no cloud cover, a little bit of fog trying to form around napa otherwise it is smooth sailing. look at this: mount tamalpais camera is