actively engaged in bargaining. the bargaining produced some constructive and productive progress. >> as you just heard him say, constructive and productive progress, but still no deal. the good news t b.a.r.t. trains are running. the agency and its unions choosing to continue negotiations past the midnight deadline and into the early morning hours. >> talks are still going on. it appears progress being made but what happens next and whether a new deadline is in place is unclear. good morning. i'm terry mcsweeney. >> i'm marla tellez. laura and jon are off. we want to get to christie smith live at caltrans headquarters in

oakland where these negotiations are taking center stage. good morning to you. >> reporter: good morning to you. despite all of the warnings yesterday about b.a.r.t. trains not rolling today possibly they are rolling for your morning commute. what's different today, a short time ago a federal mediator came out of the caltrans building here in oakland and said that talks were ongoing. this is a marathon session going on since yesterday. before the clock ran out on the midnight strike deadline, and again, 400,000 riders riding a wave of back and forth. yesterday b.a.r.t. came out with a best and final offer to its two largest unions. 12% increase over four years, but with that tensions increased and the unions felt that signaled a sudden and surprising end to the talks. then before that midnight deadline the president of seiu said that the union made a counter proposal of its own, and of course as i said, that mediator said talks are

continuing. >> the parties have been actively engaged in bargaining. the bargaining has produced some constructive and productive progress. and i am authorized by the parties to say they are prepared to continue negotiations through the night. >> reporter: now, the timing of course not the best for commuters waiting for word this morning. at 1:00 this morning b.a.r.t. released its statement saying there would be no strike tuesday. and apology that riders have to wait until the middle of the night to find out, an hour later that negotiations continue under the auspices of that federal mediator. no word if there is a new strike deadline. looks like people coming in and out of the building. we're keeping an eye on that for you. as soon as we hear anything different looks like that man is shaking his head, nothing

different has come out. we'll bring that information to you. reporting live in oakland, christie smith, "today in the bay." >> we will be talking to you throughout the morning. thanks so much. right now, though f there is a strike b.a.r.t. will be offering free round trip bus service from nine east bay stations into san francisco. the buses are scheduled to run from 5:00 a.m. to 8:00 a.m., return service from san francisco from 3 to 7:00 p.m. near the transbay terminal at howard street. in the event of a strike, hov lanes extended on several freeways including portions of 8 o 880, 680 and all toll bridges. since there is no strike normal hov lane times are in effect today. >> and for more information visit nbcbayarea.com, at the top of the page you find a tab called b.a.r.t. strike resources. you can see it there. that has all of the information you need to get you through potentially frustrating day and week if a b.a.r.t. strike does happen tomorrow, "today in the bay" will be on early.

30 minutes earlier than normal starting at 4:00 to help you get through the expected traffic mess. >> if you were counting on using ac transit to get around in the event after strike you might be out of luck come thursday. the union issued a 72-hour strike notice yesterday. they will walk off the job 12:01 thursday morning if an agreement is not reached. while workers were looking for better pay it's the proposal to increase health care contributions by about $50 a month that has many upset. >> in this contract i would like to see an agreement that our members feel comfortable ratifying, and that would bring our members to a place where they feel that they are being respected and their work is being valued. >> about 100,000 people use ac transit daily. ac transit would not go on camera, releasing this statement, we did receive the notice and we are reviewing it to determine what steps to take

next. >> workers at the new 49ers stadium in santa clara will begin with a safety meeting a day after a construction worker died on the job. edward was crushed by a load of rebar delivering materials to the stadium yesterday. it is the second death at the stadium construction site this year. four months ago you may recall a counter weight killed an elevator mechanic at the site. levi stadium is scheduled to open next summer and crews are working around the clock to neat deadline. cal osha is investigating. >> a young boy is in the hospital after he was hit by a vta train. the boy was hit when the train was pulling into the station about 7:30 last night. it's not clear how badly the boy was hurt but he was taken to the hospital. the boy was between 4 and 7 years old, the sheriff's department is reviewing video from the pollute form in front of the train to help determine

what happened. san francisco police are investigating a deadly shooting in the city's lower neighborhood. police arrived last night to find three people with gunshot wounds, all three were taken to san francisco general where one person died. homicide detectives are now investigating. so far no arrests have been made. >> a man is in court facing charges of sexual abuse. 68-year-old jose is accused of molesting two young children. the alleged abuse happened at the child care in sunnyvale. he is the father of the day care's owner, the center remains open for business. according to state social services a daycare's license is in good standing with only one complaint of an aggressive dog. a veteran sheriff's deputy accused of molesting a female relative, the 40-year-old is

charged with abusing the 17-year-old girl over a six-year period. starting when she was 11 years old. underwood has been a deputy since 2005. he has been placed on paid administrative leave during the trial. >> earlier this year our unit exposed problems with santa clara county restaurant inspection system. the first step in repairing those problems begins. the department of environmental health will hold the first in a series of meetings seeking input on a restaurant grading model presented to the board of supervisors earlier this month the board is expected to go on the proposed scoring system by the end of the year. >> all i know is that meteorologist christina loren, you said that you could wear short sleeves today. >> it is going to be a nice day. good morning to you, terry and marla. good morning to you at home. it's chilly but you want to layer up. this afternoon temperatures climb warmer than where we ended up yesterday. 49 degrees a cool start in livermore, 41 in santa rosa and

51 degrees in san jose. by lunch time look at this. widespread 60s for the south end of the bay area. we'll see mid-70s at that point. up in the north bay with another warm day on tap, warm by 5 to 10 degrees, and we keep on climbing into tomorrow. then temperatures drop like a rock. i'm going to show you how that works out in the seven-day forecast a few moments away. let's say good morning to mike inouye. >> good morning. b.a.r.t. trains are running. we're going to continue to follow that story and whatever progress is or isn't made. right now on the peninsula a smooth drive, and heading into marsh and menlo park we had an earlier sigalert. all traffic flow is at the limit on the peninsula at this point. we're looking to the east bay. look at the maps, the yellow down to 60 miles per hour. we'll track that, let you know if there are problems. one coming in out of tracy, 205 making over to mountain house.

most of the viewers won't be affected but westbound into the area you will find some with delays. if you expect a carpool out of tracy into out irlivermore, they will be delayed by a crash. emeryville, our view of the bay bridge. look at that nice beautiful span a clear flow onto and off of the bridge. it's traffic tuesday. expecting a heavy volume. b.a.r.t. trains are running. >> new this morning did you feel it? an earthquake rattled plenty of nerves in the east bay overnight. the 3.2 quake struck near berkeley after 1:00 this morning. no reports of injuries or damage. the people tell us they could feel the shaking in vallejo, oakland, alameda and treasure island. there was a similar size earthquake in the same area a couple weeks ago. >> a developing story at least 93 people are now confirmed dead and many more hurt after a strong earthquake in the philippines. the 7.2 quake struck about 8:15

a.m. in the southern part of the country. it did not cause a tsunami. the damage you can see is extensive. the quake collapsed buildings including historic churches. the commander recalled soldiers from a holiday to help with relief. today there is a national holiday. meaning schools and offices were closed. that probably saved more lives. >> still ahead on "today in the bay," a big day for the future of apple. a critical vote expected that could determine the face of the tech giant's new headquarters. >> inching closer to a deal. the new hope that something will be done to teep the nation from hitting the debt ceiling. >> another explosion causes chaos at l.a.x., this time on the runway.

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financial help for those in need. and nobody can be denied because of a pre-existing condition. enroll now at coveredca.com. welcome back. 4:43. today is the first decision day for apple's new cupertino campus. the city council is meeting tonight to vote to either stop the building plans or move forward with them. the new space ship headquarters is designed to be 2.8 million square foot, four-story saucer-shaped building accommodating more than 14,000 employees. if approved city leaders will

take a final vote next month. apple says the project could be completed in 2016. >> forget black friday. the magic of macy's kicks off the season on thanksgiving day. for that and the rest of the news before the bell we turn to bertha coombs. >> i'm not sure i'm ready for all of this thanksgiving christmas creep. it's coming, i guess we've got to get used to. futures point to a higher start. markets reversed early losses on monday, on word that the senate leaders may be closing in on a deal to end the government shutdown. and raise the u.s. debt ceiling and avoiding a possible default on thursday. there is no major economic data in part because of the shutdown. but we're going to get earnings from the likings of citigroup, coca-cola, they look better than expected, and johnson and johnson. the dow at 15,301, closing at the high yesterday, the nasdaq will start at 3815 after adding

23. a new poll finds older americans are accepting that they just may have to put off retirement. 82% over 50 say it's somewhat likely they will work for pay in retirement. nearly half now expect to quit working later than they previously thought. on average age 66, two years later than back when they were in their 40s. the growing trend of people working longer and the fact that people can't afford to retire. older adults are the fastest growing segment of the u.s. work force for people 55 and over expected to be a quarter of the laby force. and a student -- for the first time macy's plans to open at 8:00 p.m. on thanksgiving night. the move is an effort by brick and mortar stores to keep up with online retailers who offer early black friday deals. among the door busters macy seas

pushing, 999 coffee makers and a luggage set. i will tell you i live in new york city where macy's store s never go there, shop them on line all the time. it's easier for me. so i'll be at my ipad. it's true. i'll be at my ipad on thanksgiving. who needs standing in line. >> and eating the pumpkin pie at the same time. >> exactly. see, you can eat and shop. you don't have to choose. >> thanks a lot. well, new this morning a bomb placed in a mosque in eastern afghanistan has killed a senior afghan official. the explosion took place at the governor of lowgar province prepared to give a speech. the governor was killed at least 15 others wounded. investigators say the bomb had been planted in the mosque and detonated remotely. no one has claimed responsibility. >> starting this morning the u.s. supreme court will once again take up the issue of affirmative action in its role

in college admissions. the justices will hear a michigan case that picks up where they left off last session in a dispute from the university of texas. unlike the texas case that said colleges can use race for admission, but carefully, this new case revolves around a broad state constitutional amendment and whether voters can ban the practice through referendum. >> now to the government shutdown and looming debt ceiling standoff. there is new hope washington may avoid hitting the debt ceiling in two days. the deals in the works to keep the government running and allow to the borrow money in january in exchange for delaying a tax on medical devices. nothing sin stone. any deal has to be approved by the republican-led house. if agreement cannot be reached by thursday the u.s. government would default on its loan obligations for the first time in history. a deal to end the shutdown is not coming soon enough for lab employees. employees at the lab will begin shutdown operations. the lab is one of the country's

leading research centers in nuclear and computer science, more than 6,000 people work there making it the second largest employer in alameda county behind uc-berkeley. most of the lab will be closed about by end of day tomorrow. >> the government may be shut down but it's still tax day for the more than 12 million americans who requested a tax extension in april. as of last week many had yet to file. you are still responsible for filing even if you could not get the irs to answer your questions. there are some people who do get a break, like those serving in combat zones and also colorado flood victims. those who cannot pay what they owe should still file to avoid late filing fee. >> christina is here. yesterday, fantastic day. went to the beach. sunny. >> you went for a run. >> went for a run. it's closed because of the federal shutdown but like 300 people walked on. >> breaking the law. >> i did. you're talking to an outlaw.

>> adventures in trespassing week with terry mcsweeney. >> and hundreds of others. >> it was beautiful out there. we wouldn't want to deprive anybody of the beautiful beach weather. we have more of the same for today. 50 degrees in concord right now. 49 in livermore, we're at 51 degrees here in san jose. expecting to drop in the upper 40s as we head throughout the next couple hours getting into the coldest point of the day. overall we're looking good for today. we have changes headed our way. it's going to be warmer this afternoon. chilly start makes way to a beautiful sunny finish. with temperatures climbing into mid-80s. we're going to be in the upper 80s in some cities as we head through tomorrow. another stellar start. nice and clear conditions. no fog to report. basically any morning this week we're not looking toward that so. offshore winds are going to take up. as we head throughout wednesday, warmest day of the week, so drop off a little by thursday. starting to see a little more of the coastal fog. overall looking pretty warm.

for today temperatures are going to end up in the 80s, 80s in your inland cities, 83 livermore, 8 oyn concord. 79 in san jose. not too hot. warm enough to where you can open up the windows in your home. get by without your ac, you might actually be running it in your car as we head throughout your wednesday. look at that. 86 degrees inland. then we'll fall down to the low 80s thursday, bump you up a touch for friday and saturday. hit the beach on your day off. temperatures tumble throughout next week. we could actually be looking at showers by tuesday into wednesday of next week. that's where we're watching. we'll keep you updated. back to you. >> it's a great time of year in the bay area. thank you. >> this morning fairfield police are searching for an arsonist. police believe the man in these photos intentionally started a fire in the walmart on north texas street early yesterday morning. take a look. the fire caused several carbon dioxide containers to explode no. one was hurt. new details police say one

of the dry ice bombs that exploded at l.a.x. was found at a gate. two other similar devices were found nearby outside the airport tom bradley international terminal. this is the second dry ice explosion at l.a.x. sunday night a dry ice bomb went off in a men's bathroom no. one was hurt in either. police say they do not believe the incidents are acts of terrorism but they are looking for the person responsible. >> it's 451. an interesting link between popcorn and memory. >> we'll tell you howie joying a snack could affect your ability to take in information. >> we're looking here toward the bridge. the san mateo bridge. smoothly as you cross the bay. there may be other issues.

welcome back everybody. 4:54. you're looking at a live shot outside the caltrans building in oakland. that is where the talks continue right now. no b.a.r.t. strike this morning. what's going to happen next, we don't know. we'll keep you posted. we have a reporter on the scene. >> you heard of an ad blocker for the computer. a study shows that a favorite snack has the same effect for watchers. the study in germany by psychologists and they put a

group of people in a movie theater. half given popcorn while they watch the pre-movie commercials. a week later the people who ate the popcorn had no memory of the ads. the non-eaters recalled the commercials, some purchased the product. they believe the act of chewing interferes with muscles that are needed to take in information. >> i'm not a popcorn eater but i bet the same thing would go for racenetts. >> let's see if mike, are you a popcorn guy? >> i am. >> you remember? >> and raisins. i drink my soda. more research is necessary. the golden gate bridge, going to show you the flashing lights but they are out of range. the crews are moving the cones getting ready for the morning commute. you can see them driving away from the top of the screen. there you go.

through the drive, the bay area map. not really concerns. it's early. the b.a.r.t. trains are running. we have an issue for 580, 205, it's way out here 205 as you come toward 580. they still have the sigalert by the dump truck on its side at the mountain house off ramp. if you don't take it, you can't tell. this is tracy coming in. waiting for folks that will be a delay for you. into the south bay, a smooth drive. some construction going on. keep that in mind. back to you. >> thank you, mike. >> there seems to be a growing problem in the sierra, talking about bears getting stuck in unusual places. >> in two weeks the police have responded of bears climbing into cars and getting locked inside. he's like somebody turn the defrost on. in the latest case officers had to smash a window to threat bears get out. the inside of the car as you can

imagine was torn apart. experts say bears know how to open unlocked car doors and will do so especially if they smell food inside. >> still ahead on "today in the bay," you might consider installing cameras. but they won't necessarily be in the most dangerous neighborhoods. >> we continue to follow the latest in negotiations to keep b.a.r.t. trains on track. >> a bad smell causes a big scare in the south bay. the details after the break.

>> reporter: i'm bob redell live to santa clara where work will resume on the 49ers football stadium after another worker has been killed on the site. that story coming up. >> plus, one bay area city says it found a new way to keep neighborhoods safe but critics say its economic profiling. the plan up for approval next. >> and we have a beautiful day

shaping up. temperatures are actually going to end up warmer and will peak tomorrow. then a cooling trend headed our way. i'll sort out the roller coaste ride in the full forecast. >> the commute at times now we're in the flat section. we'll see if things are ramping up. the spots to watch as we start to build. >> a live look at the south bay, that is san jose in a red hue. tuesday, october 15, this is "today in the bay." good morning. thanks for joining us. i'm terry mcsweeney. >> i'm marla tellez. jon and laura are off. we want to let you know b.a.r.t. trains are running but the marathon negotiations between b.a.r.t. and unions are still going on. both sides have been at the bargaining table all night long. the unions choosing