the time now is 4:30. i'm jon kelley. we have breaking news to tell you about now. the b.a.r.t. trains though they have a collective bargaining agreement the trains are not running. >> yes. good morning. i'm marla tellez in for laura. we get to chase cain live at the walnut creek b.a.r.t. station where we understand that b.a.r.t.'s turning people away. good morning, chase. >> reporter: yes, good morning. a confusing morning so far because we were told last night the trains would be running on a limited basis. so after 4:00 a.m. they opened these gates here. about 10 or 15 minutes later they closed the gates, told everyone to leave because they were not able to staff the positions that they needed to get the train service under way

so the announcement playing in the b.a.r.t. station is that b.a.r.t. is closed until further notice. so there is in fact no train service this morning so seems we're going to revert back to what's going on, the charter buses, the buses that everyone has become familiar with now, lining up for the people that were here in this walnut creek station have walked across the parking lot to try to catch those charter buses. the frustration is evident. people telling me they are not sure if they can get to work on time because they were planning on getting on the train, not the bus which can take longer. some trying to hop on ferries. for now to know is that the train service is not running even though we thought they would be running, that is not the case yet. b.a.r.t. says they are working to staff positions. really, until further notice don't plan on trains. maybe the hope they could be running later but may not be

until the afternoon commute. we'll be out here and of course keep you guys updated as this develops. we'll let you know if we hear that the service may be back on. for now it is not. chase cain, "today in the bay." >> we'll be checking in with mike inouye, he'll have a look at the roads. new details on that b.a.r.t. train crash that killed two workers on the tracks. ntsb officials plan to question more people about the accident this morning. yesterday investigators saying a trainee was in fact operating the train that hit and killed the two b.a.r.t. workers on saturday. it happened between the walnut creek and pleasant hill stations. a supervisor was also there at the time. the two workers have been identified as 58-year-old christopher sheppard and rail consultant 66-year-old lawrence daniels. both are veteran rail workers with more than 60 years experience combined. >> 4:32. let's move on to weather. christina loren getting our

first check outside tuesday morning. crisp out there. >> it is crisp. good morning to you, jon and marla. a lot of people could be in another very long wait outdoors. we want to make sure you're ready for thens. we have more fog in san francisco than yesterday and less fog in san jose. visibility down to about a mile and 3/4 now in san francisco. i want to talk about your temperatures, they are chilly this morning. numbers are now running in the 40s and 50s. we're at 43 in napa, 48 in concord, 53 in san jose. as we head throughout the next couple hours it will stay very cold and then we'll start to see a rebound. i'll take you through the full forecast. still tracking showers, we push ped them back. i'll show you on the seven-day forecast. right now, though, the man we need to talk to, mike inouye. could be another rough one. >> it could be because of all of the uncertainty. late last night the b.a.r.t. system, b.a.r.t. and the unions

came to a tentative agreement saying the trains would run at least limited this morning. as chase cain reported they are not running. b.a.r.t. trains are not yet running so as we look outside and we see the traffic flow, we'll look at the bay bridge toll plaza. it's a smooth drive. we'll watch for the impact. we'll look at the maps as we talk about the buses still running like yesterday, seeing folks move across from the b.a.r.t. gates which are closed now, over to the b.a.r.t. bus line there is, walnut creek, the far right. that will take some of the folks. the nine bus routes are still going, again no b.a.r.t. trains running right now though they were scheduled to start this morning. as of yet we don't have service. we're tracking this and the unusual tuesday commute we expect. back to you. >> a work in progress. mike, thank you. and thanks to the b.a.r.t. extension project a lot of people living near the great mall in milpitas are likely waking up tired. that's because overnight work on the new b.a.r.t. line to san

jose along montague expressway has probably been keeping them awake. the contractor is permitted to work throughout the night during this phase of construction. the families nearby say all of the clanking and hammering of the metal has become a nightmare. they say noise starts at about 10:30 at night and is so bad some of them can't get sleep. >> a parade of trucks outside, with a lot of you can imagine 15 to 20 trucks all running with the brakes and everything and the construction equipment. you can hear from here. >> the city of milpitas says if it gets more complaints it will be shutting down the nighttime construction. >> there are growing calls in san francisco this morning to improve bike safety following two deadly crashes. last friday a muni bus driver making a turn hit and killed an elderly woman near bryant street. and a ghost bike stands as a reminder where a truck driver

killed a woman in august. the san francisco bike coalition says four cyclists have been killed this year all near market or som achlt all were hit by professional drivers and most crashes happen when the driver was turning. the city is planning to install a separate bike lane on folsom street from four lanes to three from fourth to 11th street. >> i think it's really sad that this event had to spark that. but i think the bike ways are pretty nice. >> the transport agency agency says it has installed 234 miles of bike lanes and lanes will continue to roll out. >> this morning east bay police searching for a gunman who shot three people in vallejo. the shooting happened around 8:00 last night near fairgrounds and serano drive. witnesses reported seeing three people with gunshot wounds in front of a local business. the shooter was seen running away and when police arrived only one victim was still at the

scene. police found the other two victims at a hospital. all three are expected to survive. >> happening today protesters hope to stop a new san francisco county jail from being built. tonight the city's board of supervisors is set to consider a grant application for $80 million in state funding to build the facility. opponents say they will be at the meeting to try to stop the resolution from moving forward. the $300 million facility would replace the aging jail at the hall of justice. critics say the inmate population is on the decline and a new facility is not necessary. time to check back in with christina loren. it is tuesday, that means we're one day closer to the weekend. >> always looking ahead. >> monday now in the rearview mirror which is a good thing. unfortunately, this morning a lot of people were waking up thinking that b.a.r.t. was running again, but it appears that is not the case. so stick with us, we're going to sort everything out and check your drive with mike inouye.

he's coming up in one minute. right now let's talk about the temperatures today. it's chilly out there to start. we're going to end up in the 70s, though, at lunch time in places like livermore and antioch,0 in concord at noon. and round out the day summer like finish after a fall-like stafrmt lots of fog this morning. we'll hit about 84 in the heat of the day at livermore, 82 concord, 77 in san jose, and staying warm even right at the immediate coast, we have a warning for beachgoer, we're going to see high surf the next couple days. i'll show you the showers that we're expecting on your seven-day forecast. ready to go in my next report. right now if you are ready to go to work, stick around for one more moment. here is mike. >> you said fog? yeah, look at that. the golden gate. you can't i guess. the lights at the golden gate bridge. as you travel through the brighter lights makes it tougher to see, if you travel through foggy patches keep the headlights on normal because the high beams will make it tougher.

at the bottom you see orange, that's where our traffic road weather index combines. there may be lower visibility for 280 through daly city which is not unusual when you have this type of weather. we see no real slowing but a word of warning north of 380 as you travel up into san francisco or out of san francisco for that matter, 101 along the other side of the peninsula looks nice there. and across the bay we have a patch of fog around dumbarton bridge toll plaza, hayward the whole area may get the patches as it drifts down over the next bit of time. we'll track it so far, the traffic flow is nice but again, the b.a.r.t. trains are not running so find your alternate. >> a little bit of a mystery this morning. >> exactly. got the good with the bad. deal in place, no trains. 4:39. still ahead, all eyes on the bay area as apple is set to roll out new and improved gadgets happening today.

>> september job numbers delayed by the government shutdown are due out this morning. what they are expected to show coming up. >> i got two down. >> we have the newly released 911 calls showing the terrifying moments after a student opens fire on a middle school campus.

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4:43 an update to breaking news. once again surrounding b.a.r.t. within the past few minutes we learned that b.a.r.t. trains are not running despite being promised trains would be up and running by 4:00 a.m. now, b.a.r.t. posted this alert on its website saying, quote, b.a.r.t. is attempting to staff positions and will remain closed until further notice. now we've also learned riders showing up at the walnut creek and lake merritt stations read the hop on a train, they have been turned away and they are told to leave because the trains aren't running. we are working to clarify all of this information and we will of course bring you all of the new details as soon as they become available. 4:43. this morning the obama administration is promising to iron out glitches on the new health care website. the site has been on overload since it went public october 1.

the white house says technicians are working around the clock. so far the administration is resisting pressure to extend the deadline saying we're only three weeks into a six-month enrollment. also this morning we're hearing the woman in charge of this website, secretary kathleen sebelius, she will testify before congress next week about the glitches. >> i guess we can say better late than never. the september jobs numbers due out in about 45 minutes from now. that monthly report which normally comes out on the first friday of every month, it was delayed because of that brutal government shutdown. and since this report is for september, the shutdown will have no impact on those actual numbers. we'll have the pleasure of waiting for that at a later date. what we can expect to see from these we turn things over to mary thompson live at cnbc world headquarters. good morning. >> good morning to you. futures are mixed after a mixed close for the markets on monday. as you mentioned investors are waiting for the september jobs report. which was delayed 2 1/2 weeks by

the government shutdown. forecasts call for 180,000 jobs added last month while the unemployment rate is expected to hold steady at 7.3%. but the numbers will not reflect the impact of the shutdown, furloughs and government contracts likely to show up in the october numbers due out in two weeks. on wall street monday the dow falling 8 points to 15,392, the nasdaq shed to 3920. apple isn't resting on its laurels, more than a month after launching the iphone 5s andc, holding an event where it's expected to show off the latest ipad. reports say the ipad 5 will run faster and redesigned to look like the mini. speaking of that apple is expected to unveil the ipad mini 2.0, which will be faster and may have that flaet display found on the bigger ipad. kohls is joining the holiday

parade, opening at 8:00 p.m. on thanksgiving following a similar announcement by jc penney and macy's. earlier openings in recent years as they try to combat on line retailers that offered black friday deals on thanksgiving. back to you. >> mary, thank you for the update. >> happening now, hurricane raymond is gaining strength off mexico's southern coast. forecasters say the category 3 hurricane is packing winds up to 120 miles per hour and could dump as much as eight inches of rain. in some areas before going back out to sea. as a precaution hundreds of people in low lying coastal areas are under evacuation orders. can't catch a break. >> it has been rough down there. 4:46 now. christina loren is back and the entire country cool, at least some parts. we're starting cool.

we get nice. >> we do. we have the warm-up later on this afternoon and temperatures are going to span by about 40 degrees between where we are now and where we're headed this afternoon. we're starting out in the 40s again headed toward the 80s again. and we do have a reminder to people that the fog has returned as well. it is thick out there. it's our first fog advisory of the season for the north bay until about 9:00 a.m. reduced to about a half mile. even in san francisco on the city streets you're going to find the dense patchy fog. so take it easy out there. another advisory we have for beachgoer, high surf, rough seas. we'll see the northwest swells. we should see this go down throughout tonight. if you are going for a walk on the beach, you don't want to turn your back to the ocean ever. and really, today watch out for the sneaker waves, big waves come out of nowhere. 84 degrees in livermore. 77 in santa teresa. 77 in san jose.

a comfortable day. temperatures that would motivate to you get to the beach. santa cruz, 69. things start to change as we head deeper into the week. we've got an area of low pressure. it's going to break off. it's a cut-off low. so we could actually be looking at showers, the best chance looks like late saturday into sunday. it really depends on where this area of low pressure sets up and how long it sits and spins over the ocean. we could see a couple rain bands move over the bay area f. that happens could pick up a half inch of rain. could see nothing. so it's a tricky forecast. we'll continue to take a look at it and sort it out for you. like i said before, mostly dry all the way through saturday. then our next chance for rain after sunday moves in on halloween eve. not halloween, halloween eve so keep that in mind. looking pretty good for halloween. we'll keep an eye on that forecast. lots of little ones excited. back to you. >> thank you.

4:48. this morning the kind of recording you never want to hear t frantic calls for help for the first time after a student opens fire in a middle school near reno. >> they shot the teacher. >> the teacher's down? >> yes. >> it was a brutal and tragic scene, 911 operators say they received calls on the campus of the school. police say a student opened fire in a math class, killing the teacher and shooting two other students before turning that gun on himself. a 12-year-old shooter died at that scene. the two other students wounded in the attack, they are expected to survive. >> the man accused of killing his cousin baby hope 22 years ago has been indicted in her murder. he will be back in manhattan criminal court today. the 52-year-old claims his confession to sexually assaulting and killing

4-year-old angelica was coerced by detectives. he has pleaded not guilty murder but admitted to helping his sister dispose of the girl's body. a second airport worker charged with setting off dry ice bombs at los angeles international airport will be arraigned today. 41-year-old miguel is facing one felony count of possession of a destructive device near an airplane. prosecutors say he supervised workers at the airport made two dry ice bombs with co-defendant bennett who was charged last week. >> we're learning more about an orange county security guard accused of plotting to become a terrorist. 24-year-old sin wynn was arrested. prosecutors they say he planned to travel to pakistan in december, change his name and train dozens of al qaeda fighters for an attack. they say he spent months in syria this past year training

and killing, then bragged about this over facebook. the trial is set to start in december. he is being held without bail. >> 4:51. the sharks make a move to replace injured defenseman dan boyle. >> sore muscles are common but how about this. sore gums? we'll tell you about the unusual injury that keeps another member of the team on the bench.

this morring we have an update on the health of sharks defenseman dan boyle. on the injured reserve list, this means boyle will be off the ice for at least another week. he was hurt in this nasty hit along the boards last tuesday. after this he had to be carted off the ice. the sharks have acquired a defenseman mike brown to fill the spot for now. meantime, forward brent burns is expected to be ready for thursday's showdown in boston. burns, he missed last night's game because of an unusual injury. sore gums. how's this? early this month a stick to the face knocked out several of his teeth, and he was hit in the mouth again against the flames on saturday. good luck with the sore mouth. >> now, b.a.r.t. trains are not running this morning. we heard from jim alison a spokesperson with b.a.r.t. he hopes to increase staffing by

6:00 a.m. in hopes to get b.a.r.t. trains operating in the next hour or so. but in the meantime, commuters, you are encouraged to rely on the bus bridges provided by b.a.r.t. we want to check in with mike inouye now for a look at the roads. >> good morning. the roads right now are moving pretty smoothly. look at oakland, 880 the traffic volume what we expect at 5:00. people are just getting time to react now to the word again as marla said, no b.a.r.t. trains are running now. they have the bus shuttles remaining as they planned but no drivers in fact the stations are not staffed right now. they don't have enough staff to do that. we hope by 6:00 a.m. i think by 6:00 a.m. we hope but so far no luck. we're looking at the flow around the castro valley y, the orange blob there that's our road weather index talking about the possibility of fog. at least low clouds throughout the area. this might be an issue around the san mateo bridge on the hayward side. to the bay bridge, the volume of traffic pretty good now, easy

but again, more folks hitting the roads and we'll watch this area again for disruption this morning being traffic tuesday, because this is the focus of the morning commute as all of these folks head to the bay bridge. so far at speed. back to you guys. >> we're going to switch gears now. >> 4:56. the the government shutdown is out of the way, b.a.r.t. has a deal but the other big news, kanye west and kim kardashian, they got engaged here in the bay area. >> and tonight you can join in the celebration, who knew. kanye is in town for a tour which will be at the s.a.p. center. he rented out at&t park for kim's 33rd birthday party. man, that would be fun. then he popped the question in front of their family and friends. the couple has been dating since april of last year and welcomes you may have heard a baby girl north this past june. congratulations to them. >> you had to get up early so you had to skip the big bash.

>> because i got invite. >> still ahead on "today in the bay," police shoot and kill a suspect in the east bay overnight. why officers say he was forced to open fire. >> we continue to follow the latest developments keeping b.a.r.t. trains once again off the tracks. we'll have live team coverage coming up.

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we want to give you a live look at the walnut creek b.a.r.t. station where in the last half hour or so received word b.a.r.t. is closed. repeat, b.a.r.t. is closed until further notice. that's a different story than we received last night when b.a.r.t. management first said trains would run with limited service because the strike was over. good morning everybody. thanks for joining us. i'm jon kelley. >> good morning. i'm marla tellez. laura is off today. "today in the bay's" chase cain is live in walnut creek where b.a.r.t. kicked riders out of the building less than 30

minutes ago. what in the world is going on out there? >> reporter: the gates opened a little after 4:00, people were on the platform for 10 or 15 minutes then heard the announcements there is going to be no train service. the people had to leave the b.a.r.t. station. they pulled the gates closed and the people started to make their way to the charter bus staging area where people have been the past several days. one piece of confusion or i guess of several parts of confusion here is some of these people have not taken this charter bus service before. they thought they were coming back because they thought the train service would be on but that is not the case. b.a.r.t. is telling us they don't have the staffing because this decision came sort of late in the night. they didn't have time to guarantee how many people would be available to be at work this morning. one of the major b.a.r.t. unions atu 1555 tweeted out they apologized for this, that they are working to get people