continuing, the parties are totally engaged. some progress has been made. >> there you have it. progress has been made, but still no deal. b.a.r.t. trains, yes, they are running this morning as both sides are still at the bargaining table as we speak. the time is 4:30. i'm jon kelley. >> i'm marla tellez. laura is off today. let's get to christie smith as always she is live from caltrans headquarters in oakland where talks are going on at this moment, christie. it's another marathon session. >> reporter: good morning. we saw a group of union workers heading in from a quick break saying that they are feeling fantastic and they look pretty tired as they headed back in.

by now you might be surprised if i did say there was a strike. this has been dragging on for so long. the trains are still rolling this morning and talks are continuing, even -- >> we lost christie's signal but the good news is b.a.r.t. trains as she said, still rolling. but there is still the threat of a strike. all of this back and forth it's keeping riders off its trains. b.a.r.t. says over the past few days ridership is down. 85,000 trips from its average. for the latest information on the potential b.a.r.t. strike visit our website, nbcbayarea.com. at the top of the page there is the tab called b.a.r.t. strike resources. it will take you to a map with commute options and real time tweets from transit agencies. if there is a b.a.r.t. strike "today in the bay" will begin early at 4:00 a.m.

>> from b.a.r.t. trains to ac transit buses rolling, governor brown using his power to avoid an ac transit strike which was set for this morning. yesterday governor brown appointing a board to investigate the contract disputes between ac transit and its unions. that will put off any strike for at least one week. after the investigation the governor can request a 60-day cooling off period like he did with part in august. more than 100,000 people rely on ac transit. back to work for hundreds of thousands of federal employees who have gone without a paycheck more than two weeks. last night congress finally passed a bill to end the 16-day partial government shutdown and prevent a possible default. the measure restores government funding through january 15, and also extends the debt ceiling through february 7. but, we could be facing this crisis again in just a couple of

months. tracie potts, she has the latest from washington. >> reporter: inside the white house just before the midnight deadline relief. >> we'll begin reopening our government immediately. >> reporter: president obama signed the deal after every democrat and 87 republicans including speaker john boehner, approved it. >> on this vote the yeas 285 t nays 144. the motion is adopted. >> it was a fool's errand and that's why some of us became so angry. >> it's time to restore some sanity to this place. >> reporter: this deal funds the government through january 15, extends credit through february 7, or a little longer, and requires negotiators to report on a more permanent deal by december 13. >> tomorrow we can go to the negotiating table to debate a budget, to create jobs, jobs, jobs, jobs, that four-letter word. >> in the end conservatives gave

up their fight. >> this is a terrible deal. >> reporter: it's not over. >> we're coming back early next week and we can continue to fight the good fight for the republican cause, for the conservative cause. >> reporter: 16 days with government's doors closed, a loss of $24 billion. this deal provides for furloughed workers to get back pay. for a more permanent deal they are to report on that by mid december. tracie potts, nbc news, washington. >> with the government shutdown over people will be able to visit the rock again, alcatraz is set to reopen later this morning with the first crews out to the island for 8:45. the golden gate national recreation area, muir woods and fort point will reopen as well. the same for yosemite national park. you'll be able to check into lodges and campsites as of noon today. all visitors centers will reopen

today and ranger-led programs and guided tours will resume as well. it is 4:35. uc-berkeley police are beefing up patrols in response to five armed robberies in less than a week, the recent happened tuesday morning. most of the victims were students just walking alone on campus. no one was seriously hurt but at least three of the students had their back packs and cell phones stolen at gunpoint. campus police are warning students to be aware of their surroundings. >> be alert and aware of your surroundings when you're walking around to use our walk service at night if you move around at night or walk in a well-lit area. >> so far this year there have been 39 armed robberies on campus, compare that to 51 in all of last year and 40 in 2011. the suspect description in the robberies from this week is similar in four of the five cases. >> new this morning, the ninth

circuit court af peels hearing arguments from parentses who say kids freedom of speech rights have been violated. back in 2010, five students at live oak high school in morgan hill they were sent home for wearing t-shirts with the american flag on cinco de mayo. the parents of three of the students want their lawsuit which was dismissed, they want it reinstated. a judge previously ruled the school's actions were justified because he said the shirts put the students in danger. the appeals skourt now expected to issue a ruling at a later date. >> four men arrested in a drug sweep in the east bay will be in court charged with conspiring to distribute meth and cocaine. on tuesday, fbi agents along with east bay law enforcement carried out raids in pittsburg, antioch, oakley and concord. the mission, stopping the flow of drugs from a mexican cartel. >> a lot of talk with the gorgeous views.

look at this. >> don't take it personally if i sit and stare. >> i don't think the picture will either. meteorologist christina loren, it's pretty nice out. >> it is. it's kind of cold but we're going to see a 40-degree jump in temperatures as we head throughout the day. 46 degrees to start, in santa rosa, you're a chilly 40 in napa and 53 degrees here in san jose. as we head throughout lunch time temperatures are going to climb into the low 70s inland so staying comfortable. then you might be like me, having to turn on the sand, thinking about turning on the ac later on. temperatures again in mid-80s. 84 for livermore, 82 in concord and 76 degrees holding on to beautiful conditions in san francisco. now we do have changes headed our way. i want to talk about that after all it's friday eve so close to the weekend now. let's check the drive, good morning to mike inouye. >> so close weekend. we're looking here to the east. this is moving nicely. no problems right now for west

80 through berkeley. we'll show you on the map the speed sensors not a problem. you have a good amount of traffic. that's light for that portion of the east bay. we do have an issue before you get there coming through san pablo into richmond. there is a much earlier crash but i want to let you know, and maybe some activity on the shoulder. you see no slowing. rxd, that's the commute direction, very light. reminder also mass transit systems if you missed the top of the show b.a.r.t. is running, ac transit is running. they both averted the strike situation. they have independent negotiations going on. they are running. caltrain no delays action to the south bay a look at san jose, no problems. we'll show you the rest coming up. >> we look forward to it. 4:38. good news for commuters in the east bay. the long anticipated fourth bore of the caldecott tunnel is set to open next month. weather permitting it hopes to

open the weekend of november 16. mark your calendar. the project is aimed at easing traffic in the tunnel that connects orinda and oakland. it consists of three boarres. there will always be two bores open in each direction. >> it is 4:39. still ahead, today marking 24 years since the earthquake rocked the bay area. we'll show you how communities across the area are now using today to get ready for the next big quake. >> and the story behind this photo by a sacramento mother. that mother is responding to the controversy.

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we take you live to oakland. this is a look at the caltrans building. not a lot going on outside but it's what's happening inside the b.a.r.t. negotiations are ongoing at this hour although it's 4:42, everyone is inside. b.a.r.t. trains are running but still no deal in place. christie smith is on scene gathering the latest information. >> after all this getting fond of that shiny post. a familiar friend.

>> did you hear about the latest controversy on facebook it involve as sacramento mother making headlines because of a single picture she took of her physique and posted it and a critical comments keep pouring in. here is a look. it shows her along with three sons with the caption, what's your excuse? many people are calling her a bully and accuse her what if they call fat shaming. maria king is her name, she says she is surprised at all of the controversy. >> i thought wow, i look pretty good for having three kids. i didn't call you fat, i didn't say you're a bad mother, i didn't say why are you so lazy. i say what's your excuse. >> the picture has received 20,000 shares and to be fair also plenty of supportive comments. >> lieutenant governor gavin newsom toward the possibility of legalizing marijuana. he is steed co-chair a panel to study the issue. later today he will join the

aclu to announce the panel. the panel will consist of academic, legal and policy experts. a new poll suggesting growing support for legalizing pot in california will also be released. >> this morning it was a wild kind of a bizarre scene at this point unclear whether charges will be filed against a woman who caused this scene while the u.s. house was voting to reopen the government. have a look at this woman with the shadow in the video in the center. during the vote she walked up to a podium and started screaming. the the microphone was not on but we're told that her outbursts reportedly included mentions of god, the freemasons and the constitution. this woman she is a stenographer for the u.s. house. the capital police say she was taken to the hospital for a mental evaluation after being escorted out of the chambers after about 20 minutes. as you might expect stocks making a big time rally after congress passes the bill

reopening the government and ultimately lifting the debt ceiling. the question remains how are the futures looking? for that and the rest of the news before the bell let's turn things over to bertha coombs live at cnbc world headquarters. good morning. >> good morning, jon. it's a little bit of what we call sell the news on washington. we did see stocks move up big ahead of the vote last night, the dow jumping more than 200 points as it appears that congress would go ahead and finally pass the bill to reopen the government and raise the debt ceiling. asian markets carried over and mostly higher, but a lot of that euphoria fizzling. europe hasn't seen carryover and the futures a lower start. we'll get data on the weekly unemployment filings but a lot of the reports we have missed so far, housing, industrial production which should have come today, still postponed because of the shutdown, is going to take a couple of weeks for some of that to come through. we should get the september jobs

report sometime next week. the dow starts at 15,374 after rising 206. the nasdaq at 3839 after adding 45. economists are tabulating how much damage the u.s. suffered from the shutdown and the fiscal fight in congress. standard & poor's which you may remember downgraded the u.s. credit rating following the last showdown in 2011 now estimates that the shutdown likely cost the economy $24 billion or shaved just over a half percent off of fourth quarter growth. the impact may not be long lasting liking it to a one-time event that the economy can overcome like a storm. of course this storm caused by congress. facebook is now going to let teens share posts with a bigger audience. the site is lifting restrictions that previously limited teens from sharing information with just their friends and friends of friends. now they will be able to change their default setting but fate book will show them a warning

reminding them their posts can be seen by anyone. i imagine a hot of parents aren't too happy about that. >> probably got that right. remember when kids would hang out together in person. that used to be real fun. >> yeah. i remember we used to go out and play. we just play and made up games. >> i'm old school. let's bring it back. thanks a lot. playing is good face-to-face. 4:47. today cities across the bay area and all of california taking part in this year's great shakeout. this is a statewide drill where schools and government agencies practice responding to a massive earthquake. there will also be earthquake simulators designed to let people experience the force of a huge quake, grab your stuff. drills are set to start at 10:17 this morning in lafayette there will be a safety fair at the stanley school, in san francisco, both police and fire

chiefs will practice drills at sunset elementary school. this year different at san jose's tech museum. get this, actors will be dressed up as zombies. watch yourself. they will practice the duck and cover technique. not sure what the zombies will do. the great shakeout coincides with the 24th anniversary of the loma prieta earthquake. the 6.9 quake ultimately killed 63 people. it also caused the bay bridge to collapse and smark maspark masse fires. >> that's one of the moments you'll never forget. i had just gotten home from volleyball practice and our house even though we were in sonoma county it was shaking and mom freaked out. we went undoor the door jam. everything fell off of our walls and we were 65 miles north. >> much calmer now. 4:48. we're set to get to the weekend.

>> you know, it's a cold start but it's going to be a beautiful afternoon. so, october has been pretty mild so far. we're actually tracking showers toward the end of the month. right around halloween. so we'll talk a little about that as we get closer to the date. you want to keep that in mind. we could see wet weather. looking dry, up until i'd say at least through this weekend and wednesday of next week. i can forecast dry conditions. temperatures nice and mild. we've got a beautiful day shaping up. expecting to see the 80s again, not as warm as yesterday. yesterday afternoon felt very summer like. we're going to return to fall averages. temperatures overall will stay warm at least through saturday. then sunday those numbers drop like a rock. offshore flow starting to decrease. we'll see a little more of the coastal fog this morning. expecting that to pick up. half moon bay as you start your day, 80 in santa teresa.

you're going to be 84 in livermore today and 79 degrees, beautiful conditions in places like fremont so. we have major cooling heading our way. some cooler days, talking about the mostly cloudy mornings, sunny afternoons. we'll hold onto to the standards for this month. however, sweater weather returns so if you've got the items in the closet that you have to get in before we hit the cooler days, make sure you do so as we head throughout friday and saturday. then sunday temperatures start to tumble. especially the coast. in the upper 60s and holding on to temperatures in the 70s as we kick off next week. looking pretty good. we send it back to you, jon and marla. >> new details on that devastating earthquake in the philippines. the 7.2 magnitude quake forced a pregnant mother into labor. eileen was in her mountain village house when the quake hit on tuesday. moments after she said she felt an intense pain. the only way to get to a

hospital was to walk several miles down the mountain. by the time she made it the hospital had been evacuated so she ended up giving birth to a healthy baby boy in a tent outside the hospital. she says all she did was, quote, push and pray. after shocks shook the ground. unbelievable. mother and her baby were taken to a larger hospital. no word on their condition this morning. the death toll from tuesday's quake stands at 144. that number is expected to rise as rescuers say the chance of finding anyone alive under the rubble is highly unlikely. >> that woman, the push and pray technique. another reason why women rule the world. >> amen. >> 4:51. still ahead, cal's own golden girl adding something to her long list of athletic achievements. >> look at this video. bears running wild. how wildlife officials plan to get this family back into the

wild. >> bears oh, my. looking toward the east bay where traffic flows smoothly. we'll talk about a new incident on the peninsula and i'll spare you some of the details.

we have an update on the conditions of dan boyle, now back in san jose where he will

undergo treatment. he is said to be doing okay. if you call tuesday night he take this is nasty hit going head first into the boards. he was ultimately cart off the ice on a stretcher and the player who hit boyle tells the st. louis post dispatch quote i would like to apologize to dan. i was trying to finish my hit but like i said, it's no excuse. lapierre of the blues is expected to be suspended for at least five games. >> the woman sports foundation is naming cal's own golden girl missy franklin sports woman of the year. that announcement came last night at the annual salute to women in sports gala. the swimmer and olympic gold medalist joins natalie coughlin and alex morgan, the third golden bear to win the honor. franklin you may recall took home four gold medals in london last year. awesome. good for her.

>> a long list to that young lady. >> a lot of necklaces to wear. >> great accessories. 4:56. check in with mike inouye to find out what's happening on our roads. >> good morning. we're looking at an easy drive on the peninsula. i'll show you the maps to palo alto. this is the san mateo and dumbarton bridges moving without delay. it's 280, northbound we have reports of suffice to say a deer was hit. i'll spare you some of the details but chp did have to head out there. they may have had to remove debris from the roadway. the rest of the south bay moves smoothly and tonight lionel richie comes. back to you guys. >> all night long, baby. all night long. he was my first concert. >> 4:56. people in rural atlanta are getting up close and personal with nature. >> nice. also a mama bear we can tell you about her and her three cubs

spotted hanging out, yesterday the family of bears, they appeared out of a nearby forest. take a little walk, a stroll. startling drivers. they said hey, look at the bears. then there was home surveillance catching the bearing running through a neighborhood. georgia wildlife say they are going to leave the family alone and let them do the natural thing and find their way back to the forest. let's hope they don't get hit or something. >> they are looking for the porridge that's just right. >> i don't get it. >> come on. >> still ahead, the ongoing back and forth between b.a.r.t. and its unions reaching all the way to capitol hill. we'll tell you about the stern message senator dianne feinstein has for both sides.

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b.a.r.t. riders waking up with a ride to work. trains, they will be running today as contract talks go well

into the morning. we have all of the details coming up in a live report. >> we're so close to the weekend now. good morning. i'm meteorologist christina loren. temperatures are chilly to start. we've got a beautiful rebound ahead and a good looking weekend. i'll have your forecast in a few moments. >> it is early in the commute but right now chp reports a problem which may be an issue for some crossing boon of the bridges. i'll show you where. >> we take you to san francisco from our san bruno mountain camera. you can see the bay bridge. i'm not sure if there is a shake or the lights twinkling. i'm not the meteorologist. this is "today in the bay." good morning. thanks for waking up with us on this thursday. i'm marla tellez in for laura garcia-cannon. >> and i'm jon kelley. good morning. we start off with