we wondered what was happen, and there was smoke. we got out. >> bart pet put out the fire. the fire department checked out the situation. the train was taken out of service because it was damaged. the track has been repaired. bart said problems like this will continue to plague the 44-year-old system in repairs are -- not made. they need the $3.5 billion bond going toward upgrades but credits say it is rewarding a system that needs to be head accountable. it will be on the ballot in san francisco, alameda and contra costa county. >> bart is now facing new controversy on a janitor who

pulls in $270,000. a year. how can bart defend that kind of overtime? we will hear it in 12 minutes. >> marin search-and-rescue trees will look for a missing 74-year-old man. janelle son vanished in mill valley. he suffers from dementia. he is wearing a raincoat and boots at 6' tall and carries two walking sticks. he was last seen at melrose avenue. the search was called off at 2:30 this morning. >> in iowa two police officers have been killed. >> it sounds like they were ambushed? >> yes they were killed overnight in iowa in an ambush-style attack in des moines area with a manhunt. no one is in custody. both officers were inside their

patrol cars. the officer was killed in the first shooting was a member of the urbandale police department and later, a des moines officer was gunned down a few blocks away. police say they are still developing information on the suspect. they have not released information to the public. they have not given a description. they think there is one person behind the attacks and police say there is a clear and present danger to officers in the state right now. they are on heightened alert. i am watching the story for updates and i will let you know if anything else comes in. >> an uber driver is accuses much groping and stalking a passenger and uber is spending. the driver kiss add woman and groped her chest. she was trying to get her phone she left in the car. an hour later he called saying he was outside of her house, and gone by the time the police arrived and officers arrested

him at his house. the behavior is disturbing according to uber and he no longer has access to uber app. >> this man who tried to force a young girl interest his car. his is mark solomon and is in custody. he was arrested yesterday. the girl was walking down the boulevard and he attacked her. she broke free and ran away. last night the san francisco police commission calmed a closed door meeting to make recommendations on the new police chief. a dozen argued against selecting toney chaplin saying only someone from outside the agency could reform the department. the final decision is made by mayor lee. six more days, presidential candidates make the final push in the white house. hillary clinton in arizona and las vegas and the e-mail investigation, we confirmed the fbi director comey met with

attorney general lynch to talk about the seriousness of the e-mails supporters fired back with the wallets raising a record $1 million in the past throw days for her campaign. donald trump and mike pence hold a private event in pennsylvania today, trump continued the promise to repeal and replace obamacare yesterday. 28 million americans have cast their ballot and trump is telling legal voters it is not too late to change their vote. >> if you have not studied up on the election we have the perfect tool at abc7news.com with personalized resources on candidates and the measures and on where to vote. >> today, parents and students and teachers will protest in berkeley in support of a teacher who was put on leave. the school district investigated after the teacher physically attacking a self-proclaimed white nationalist.

the martin luther king middle schoolteacher was hurt in sacramento and she has filed a state and federal lawsuit against the school district. the teacher union has filed a grievance with the district on her behalf. her supporters will gather at the berkeley school board meeting. >> someone tried to ruin opening night for drama students in santa rosa high school and they are doing what all if actors do, improvise. halloween vandals broke into the high school's auditorium and smashed equipment, destroyed props and now the teachers are offering classes to help remake the weapons needed for the production of "trojan women." >> bay area drivers are experiencing a rough ride, a new report said road conditions in san francisco and oakland are among the worst in the nation. san jose, not far behind. lilian kim has the details. >> it is often the sound you hear while driving on san francisco roads. >> i commute from san francisco

to berkeley each day and everything is falling apart. >> a new study said 71% of the major roads in san francisco opened are considered "boo," making it number one among major cities for worst road conditions. san jose ranked third. all the city of oakland is an older city, san francisco is an older city, and all of these roads were built many years ago and need to be repaired and replaced. >> the study was conducted by a research group based out of washington, dc say it costs motorists $5 -- $1,000 a >> it is having a real financial impact. >> there is in plan to pay for a major overhaul. a gas tax has been talk about but right new it is a bumpy road ahead in the motorists in the

pay area. >> neighbors in the north bay have had enough of homeless people parking on the street and living in their rvs. people outside san rafael city limits is seen an increase in rvs since the ban on overnight parking in the city. neighbors see needles and trash on the streets all the time. some of them say the cars have been repeatedly broken into. people living in the rvs say that is their problem. >> do you see neighbors? no? there are no neighbors. all the county is looking into packing in "no parking," signs. they can park there now for 72 hours. >> have you noticed the cooler weather? you will when you step outside up to 14 degrees cooler? desperately and san francisco has temperatures in the 40s like west portal at 49, and the presidio behind at 50 and pore temporary hill at 51 degrees and warmer in the financial district

at 56. the mid-to-upper 40s in palo alto and union city and santa clara and saratoga and walnut creek and pleasanton and american canyon and petaluma and healdsburg. a touch of fall this morning. look how clean the air is from the east bay hills. at coast calmer today and we have high surf of the i will touch upon that in the next weather. the bay is good and lit and exercise will be cool. a light northeast wind and no fog at the golden gate bridge with temperatures in the 60s and 70s today, but, low-to-mid 70s the next couple of days. the weekend fast is next. alexis? >> you mentioned in fog on the golden gate bridge but we do have some so i have live doppler hd the visibility layer added to the traffic maps and met of the by area is looking clean and beautiful start to the day, chilly, but in the north bay san rafael and san francisco, novato area, petaluma, thicker fog this morning. i have not spotted any on the traffic cameras. southbound 101 is manufacturing along fine in san rafael.

they are already coming to the live desk today. no issues they. drive times from the central valley at 4:50. >> $270,000 a area for a janitor. bart is defend the worker who pulled in tens of thousands in overtime. >> his is ready for voters to approve recreational use of pot. the rules it is

breathing becomes a struggle. copd is chronic obstructive pulmonary disease. you may have heard of it as chronic bronchitis or emphysema. over time, you feel like you're breathing through a straw. it's the 4th leading cause of death in the u.s., and it took my grandmother. if you're over 35 and have ever smoked, you could be at risk. the good news is, you can improve your symptoms. i'm danica patrick, and i drive4copd. join the movement at drive4copd.com.

take our screening questionnaire today, and talk to your doctor. >> abc7, all news. >> bart is defending a janitor who made tens of thousands in overtime, putting in 114 hours a week and made $276,000 a year. the janitor is not to blame, bart is. here is that step. >> tens of thousands of people ride bart. they come through the stations and leave, you name it, behind i it is up to these guys to clean it. the average janitor makes $50,000. but january john raked in $162,000 in overtime alone. his total compensation for last year tolled more than $276,000! >> researchers at the nonprofit transparent california say bart's companies packages are

outrageous and irresponsible. >> there is no reason to be paying employees so much more than what the average person gets. all the average janitor in california makes $28,000 a year. bart spokesperson insists it is cheaper to dole out overtime than to hire more employees. this way they are being conservative. but the bart board member disagrees. >> what is wrong there is that many hours visible for overtime. that is indicative of a staffing shortage. >> bart riders had mixed reaction to january john's income. >> people need jobs if you pay someone $200,000 you can hire more. >> a good opportunity for that person. >> i asked lang jow jong if he would meet for an interview but he declined. he is working. that is something else. it is official, recreational marijuana sales are band in san jose even if california voters pass measure to milk it legal.

the city council unanimously passed urgency ordinance last night. the leaders want to avoid what happened when medical marijuana was legalized. 100 pot dispensaries popped up around san jose. the mayor liccardo said he has concerned of duis, and cultivation and the city had to hit "pause." >> the state would allow anyone to grow marijuana in the backyard but not everyone wants to live next door to the odor of marijuana growing in a backyard. >> supporters say the proposition covers the concerns in san jose and this is unnecessary. if prop 64 passes next week a person will be able to legally use recreational marijuana in san jose and elsewhere and embryo up to six plants. they would not be able to sell it. >> now there is a ground breaking this morning to expand access to the santa clara caltrain station. crews will extend the current

tunnel that rounds under the tracks and conduct to brokaw road so it is easier to get to caltrain platform a roth that costs $14 million and two dozen extra light fixtures. all the san francisco city attorney called the cash bail system unfair to the poor. he said yesterday that the system should be abolished. state law requires people to stay in jail after arrest if they cannot afford bail. credittives say it discriminates against the poor and benefits the wealthy. he will not fight a civil rights group lawsuit challenging the bail system. >> we need have even handed and fair everyone form of justice so all cases are individually reviewed by a judge who makes sure that person does not pose a flight risk. >> a lawyer for bail bond companies is accusing him and

the sheriff of violating oath by fail to support the law. >> reward is offered in the case of two severely abused kittens. we showed you this little guy he and another guy were dropped off in benicia. police say they are being used as bait for dog fights. workers named them will and grace. unfortunately, grace had fast spreading gangrene and had to be euthanized. he is doing well but may need a leg amputated. the owners of will are offering $5,000 for information leading to an arrest. >> californians are doing better at conserving water. efforts dropped office the summer but state water regulators say we saved 18.3% in september compared to 2013. regulators are encouraged by the latest figures but still are worried people will be tired of hearing of the drought and go back to old ways. all the top surfing competitions off the coast is now close with

surfers having their eye on mavericks from now until the end of march drawing 24 big surfers from around the world for the one day over vent the when the call goes out surfers have 24 hours to get to mavericks from wherever they may be. mike nicco, i did not want to get out of bed this morning, because it was perfect sleeping weather to be under the covers. >> absolutely, the last thing my wife said, can you get the blanket? and you had to eleven. >> yes, where is my coat. >> good morning, everyone, we will talk about the swells, i mentioned this a second ago, rip current, large breakers and sneaker waves tomorrow through friday. the biggest waves are 15' every 16 to 18 seconds, not move ribs but dangerous. we will look at san jose and 101 and 880, it was raining this time yesterday and now it is clear and 46 degrees right there near the airport the sunny and

warm this afternoon and the dangerous surf on thursday and friday and weekend storm is continuing dry moving to the north. mid-to-upper 60s for the north bay, most of the bay and to the coast, so sprinkling of 70s around fremont and palo alto and san jose and toward antioch, our storm-impact scale from "1" light to "5" is veer is for the not bay on saturday and sunday and under to quarter-mile possible. the rain shows it is coming to the north bay at 2:00 in the morning and if it starts to dip into the rest of the bay it will be 4:00 on sunday, but, remember, we gain an extra hour because of day light saving and this can fall while we are sleeping. check out the temperatures on friday, you could get nearly 30 inland, alexis? >> good morning, mike, look at our traffic maps we had one new crash pop up for the central valley, tough spot to have anything blocks, westbound 580, before north flynn road, a couple of vehicles were into a collision and they pushed it off to the right shoulder and we had

the far right lane blocked and now no lanes are blocked but we have stop-and-go traffic forming out of tracy at 37 minutes westbound 580 tracy to dublin. we will keep a close eye on that and it will get worse before it improves. we will look at mass transit next. >> an update from abc7 mornings. >> coming in, video you have to see from texas after a bus goes into a home. this is in san antonio, the bus driverring hanging on for dear life after being t-boned by a truck. the person in the truck ran a stop sign and hit the bus. bus driver was not badly hurt but the home is badly damned. somehow the 59-year-old bus driver only had minor shoulder pain. the 18-year-old pickup truck driver did not have any insurance or driver's license. pretty bad wreck caught on camera from three different

angles. reggie: coffee cup change. what you will see at starbucks this season as they start to serve their popular holiday drinks. >> and a popular business here for 70 years said goodbye. >> a new way toship, because of instagram. there are shoppable tags on photos from 20 retailers. you get product details at "shop now," button to buy on-line. >> the butterball turkey hotline is changing, can you now request the last minute cooking tip by text. they have folded calls during the runup to thanksgiving day for 3 years. >> a preview of new emojis from

apple, with "hope," and so you can drool and a

>> look at that what is last of $300,000 sports car ended up total in los angeles.

a 2015 vehicle, the street rating played a role in the crash involving the exotic car and two others. boat drivers were taken to the hospital. >> residents are saying goodbye to a landmark sporting door that is closing, mel cotton's has been in business in san jose since 1955. the city council recently turned down a proposal to keep the store as part of a new mixed retail and housing complex, and now a liquidation seem is underway with $8 million in inventory being sold off. i thought it would be something going on forever and it is just a sign of the times. >> something you do not hard about often, the store has been around for 61 years, and mel cotton has been in the area for 70s years, with the doors closing forego at the end the year. >> happening today, annual holiday season kick off in san

francisco, a special opening day ceremony for the holiday ice rink in union square is held at 9:30. the rink is open from 10:00 a.m. to 11:30 a.m. each day and a portion of the sales benefit the san francisco recreational park department. the ice rink opened today in the plaza and that is at 10:00 a.m. they will both stay open until january. >> i am laughing with you, not at you. [ inaudible ] >> good morning, mike nicco. >> good morning. not ice-like but temperatures are chilly. look at the 40s from low-to-mid 40s inland to upper 40s low 50s an bay and toward the coast. we look at oakland, 68 is the agency high, you will get there at 4:00, head out at lunch, 63 and starting at 50 this morning, speaking of oakland, it is only cooler and we start at 68 and

drop to 61 bit end of the in and 53 down to 48. extremes are 38 to 84, with extreme rains in november. not an average november. alexis? >> we had a big mess yesterday southbound we at 880 from san jose. right here. wide open now. we had a semi that was sideways. all lanes obviously are open. no delays so far in the entire south bay. there was overnight trouble at montgomery station. no trains are in service at ace train, but ace one is on time but tracking is not working correctly. caltrain, nothing reported. so for this morning. all trains are on schedule. >> now the drive times coming up. >> safeway shoppers a new service, a weight loss clinic. the chain is trying this out,

teaming up with a company called lean for life, with the goal to teach secures how to develop better eating habits opening a few weeks ago at five bay area safeway stores including danville, dublin,ism, menlo park and san jose. the services are not cheap, curing to our media partner, ten week program costs $730. it includes a personalled if coach. >> as we near the holiday season there is much anticipation over starbucks holiday cup. there was a lost backlash last year over the minimalist red cup. right now, they are searching drinks in the new green cups and an artist drew 100 people with a single continuous line and is this the holiday cup or an interim cup? there are a ton of angry betweens people saying it is not christmassy enough and starbucks c.e.o. said during a devicist time they wanted it credit a