. . new this morning, the city worker accused of running over a woman in front of her young daughter will be in court to face vehicular manslaughter. reopening the investigation, why officials say they will take a second look into a construction accident killing a worker at the new 49ers stadium. also, b.a.r.t. service interrupted yet again but not because of a strike. what federal investigators are doing today that could impact your commute plans. >> right now, we take you live outside. an early morning look spanning over the city of san jose. the sun has yet to come up but it soon will on this wednesday,

october 23rd. this is "today in the bay" it is 4:31. good morning. i'm jon kelley. good morning. i'm marla tallez. laura is off today. let's get a look at forecast with meteorologist, christina loren. good morning to you, jon and marla. good morning to you at home. i want to tell you off the bat, we have some really thick fog out there. temperatures are going to be pretty cool in some cities, not expecting to get out of this fog in daly city as we head throughout this afternoon. what i can tell you is we are still slated to hit the mid-80s inland today. we will tell you when this fog is expected to clear and how much warmer we are going to be. looks like we are headed to a warming trend. that weekend is in sight. l let's check on your drive a weekend in sight but not a

lot of over things because of the fog. you can make out the eastshore freeway but not the hills behind. we'll look at the map. westbound, the toll plaza is fine. getting off the decline, earlier reports of a crash. everything pretty much cleaned up. watch for flashing lights if you are coming down from treasure island over the toll plaza. east 24 around camino pablo, reports that there may be an injured deer on the side of the road. there may be a crew heading over there to help escort the deer off the roadway or get whatever attention it needed. no slowing there either. we'll track it. it is 4:32. a san francisco worker is accused of killing a woman, expected in court later on today. filing felony hit and run and vehicular manslaughter charges. the decision coming more than six weeks after police say he

ran over kristy vanmyer, killing that 35-year-old woman and new mom right in front of her baby girl. a memorial still stands in her honor. park-goers agree the incident is tragic on every level. >> the guy really messed up. the poor little baby doesn't have a mom. the husband doesn't have a wife. it is a forever crime. it is a mistake. he didn't follow the rules. >> they say workers must have a spotter to help out if they are driving on a park lawn. witnesses say he did not have a spotter when he suddenly turned off of a path and drove right across the lawn running over vanmyer and leaving the scene. he was out on bail and turned himself in yesterday. a week after the second deadly accident at levi stadium in santa clara, cal osha is reopening its investigation into the first worker fatality. this happened on june 11th.

an elevator counterweight killed 63-year-old donald white. cal osha will only say some new questions have been raised. they are looking at evidence. it originally ruled there was no violation in that incident. last monday, a driver died while dropping a steel rebar at the soon-to-be home of the 49ers. a bundle fell on the truck and landed right on top of him. we have in you details on the deadly b.a.r.t. crash. today, the ntsb continuing its investigation, shutting down the section of the track right where the two workers were hit and killed, from noon to 3:30 p.m. today, there will be no train service between the lafayette, walnut creek and less saint hill stations. instead, they will be having a bus bridge in place to try and help riders get around. investigators are likely to use this time to try and do a reenactment of saturday's fatal crash. the new findings show the two victims, 66-year-old lawrence daniels and 58-year-old christopher shepherd of hayward,

were both cleared to be out on that track with one of them acting as a lookout. the ntsb said at that point, the men became reasonable for themselves. >> the lookout must be positioned outside of the train operating envelope to be able to view any oncoming train from either direction on any track and this accident, there were two tracks investigators also say test on those brakes show they were fully operational. they also point out, there are some flat spots on the track, possibly from the operator slamming on the brakes right before the crash. in the meantime, it should be smooth going for the morning commute that is a major relief for thousands of riders that ran into all kinds of problems trying to catch a train. it started running on a limited basis before 6:00 a.m. a lot of riders turned away very early. they finally got up and running about 6:00. b.a.r.t. officials say it took

longer than expected to get the 2300 union workers back out on the job. we can tell you everything was back on track just in time for the afternoon commute z. >> from b.a.r.t. to a.c. transit, this morning, a judge will consider governor brown's request for a 60-day cooling off period for a.c. transit and its unions. alameda superior court will weigh whether or not the strike would significantly disrupt public transportation services and endanger the public's welfare. if the decision is yes, the strike would then be put on hold. the governor says the last thing we need is another transit strike in the bay area. speaking of a.c. transit, passengers could see discounts and easier ways to pay for the bus trips. at a public hearing, the agency's board of directors will consider a new fare policy. it includes a local day pass, eliminates trap transfers and gives discounts on clipper card fares. all cash fares would stay the

same. no fare increase. the general manager for a.c. transit says this plan is aimed at attracting more riders he by making fares cheaper and service more efficient. the redwood city fire department looking to beef up their staff. they will be accepting applications for firefighters and paramedic positions. if you are interested, you might want to get moving quickly. you can get online starting at 10:00 a.m. only the first 800 applications will be considered. if you were going to be anywhere near point reyes national sea shore in marin county, don't be alarmed if you see some smoke later this moerng. the national park service will perform a controlled burn. they want to kill off plants which have increased. the burn starts at 10:00 this morning and should last throughout the afternoon. no roads or trails will be shut down. 4:37.

christina loren is back to talk about our weather and some low-hanging clouds. we have thick fog out there. good morning to you, jon and marla. plenty of 40s out there. we are expecting to drop off as we get closer to sun rise. at about 7:20. 51 in livermore. good morning, san jose. you are at 54 degrees. you made it to wednesday. once we get through with this thick fog this morning, we have a gorgeous, gorgeous afternoon shaping up. do watch out. right now, you are down to about a half a mile of visibility in both santa rosa and that goes for napa as well. dense fog advisory for the north bay from now until 11:00 a.m. you can see from your futurecast, after lunch, we're talking about a beautiful second half of the day, lots of sunshine and another warm finish. 85 on the way to livermore, 73, to fremont. 65 in san francisco. really want to show you your weekend numbers.

we are headed toward some changes. your seven-day forecast coming up in a few moments. want to check on your drive. a little relief, huh, mike? >> yes. the b.a.r.t. trains are running. this is oakland. low clouds. between the camera and the roadway, tougher to see because of low clouds. on the roadway, visibility still fine for the drivers through 880, 580, also moving smoothly. being a wednesday and the b.a.r.t. system online, an easier drive for the nimitz. eastbound, the side that's going to be sticking around. the south bay with no problems. 280/stephens creek boulevard, watch that drive. the peninsula, 101 through palo alto, a little low cloud cover. the top of your screen, clearly visible and blowing.

daly city, as christina called, a lot of fog today. back to you. right now, we want to get you a follow-up on that growing issue of bike safety all around san francisco. the city's municipal transportation agency wants to hear the community's thoughts on its folsom complete street pilot program, a plan to reduce traffic lane on a busy stretch of folsom between 4th and 11th streets creating a little buffer for cyclists. advocates point to the fact this year alone, a total of four riders have been killed in the area. tonight's meeting starts at 6:00 and will be held at the so ma recreation center. it is 4:40. still ahead, one of the country's most iconic buildings is about to undergo a makeover we'll tell you about the effects of the government shutdown and how it will be felt well into next year. we'll show you impact on the upcoming tax season.

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and some days it seems true. goes unpunished. but we keep on doing the things that matter& like buying new raspberry 5 hour energy. from now to the end of the year, a portion of each sale... benefits living beyond breast cancer, to empower women affected by breast cancer. new raspberry 5 hour energy. it's one good deed that will go just right. welcome back. speculation was dead on, apple showed off new versions of its ipads and mac.

a full-size ipad, ipad air and the ipad miniwhich will be upgraded with apple's retina streen. the new prolaptops come with retina displays as well as faster processors. the desktop has been redesigned around has a sleek case that resembles a tall coffee can. also, from the tech world, no shocker. the highest earning ceo lives right here in the bay area, that man, mark zuckerberg, with a total of a cool $2.28 billion. of course, almost all that coming from his share options he exercised when facebook went public just last year. the rare option to see him in a suit. earning more than the rest of all the top ten ceos combined. next on the list, richard kinder. he is the ceo of energy company, kinder morgan. sirius radio boss, mel karmazin

followed by media boss gregory maffei and tim cook and sales force.com's marc beniot checks in at number 9. >> i wouldn't mind making the top 100. >> that would be smooth. 4:45. the government shutdown is over. you'll still be feeling the effects next year. this is because tax filing season will be pushed back for that and the rest of your news before the bell, we turn things over to kayla tausche. she is live at cnbc's world headquarters. good morning, kayla. good morning. futures are lower. the s&p signature at a brand new record high. the federal holdoff reducing the massive bond buying stimulus program for a bit longer because of the disappointing september jobs report. gorman sax thinks the fed will wait until march. today, we get data from boeing and cat terpillar.

the nasdaq up 9 po 3929. the irs is delaying the start of the 2014 tax season by a few weeks because of the government shutdown. that came during the peak time when the irs upgraded their computers for changes to the tax code. they were forced to delay the start of the season because of tax law changes that were part of the fiscal cliff deal. amazon has raised from $25 to $35. the first change in about a decade. the move may prompt shoppers to sign up for amazon prime for $79 a year. you get free two-day shipping on all orders and access to streaming video. proof that's nothing that is free is really free. >> thank you so much, kayla. 4:46. one of washington, d.c.'s most iconic buildings is getting a facelift wechlt a facelift. we are talking about the u.s. capital building. the dome has more than 1,000

cracks and structural cracks that need to be addressed. it is not a part of the original capitol building. it replaced another one. get your photos now. starting in november, it will be covered by scaffolding and cost an estimated $60 million. >> cracks and structural problems, i do know the feeling unfortunately. the government's health care website trying to get the site up and running. tracie potts is on capitol hill with more details trying to fix the bugs and glitches. >> reporter: it's working for some. >> i've been really, very, very happy. >> reporter: but not for most. >> we clicked submit but it reverted back to the beginning. >> reporter: now, president obama is counting on trusted adviser, jeff zeist, to fix health care.com. he was nation's first chief

performance officer to make government run smoothly. >> the president said that he is going to get some smart people to come and fix it. well, i would remind you, they have already spent over $600 million on this system. >> reporter: did the administration rush to make its october 1st deadline? "the washington post" claims warning signs like a failed test were ignored. >> you ought not celebrate the fact that americans might be struggling with a website that will provide them information about obtaining that insurance. >> reporter: now, five republicans claim in this letter the administration is covering up prices too. >> will he tax the american people if they cannot or choose not to buy health insurance from a website that doesn't work? >> reporter: tomorrow, several top contractors testify about the website's problems. if there is no fix soon, this could turn into a paperwork nightmare. the first application deadline

is the 15th of december. tracie potts, nbc news, washington. >> all right, tracie potts, thank you very much, i guess, for the update. gee, tough going. tough going too, the fog. day two of this stuff out there. >> really. thick pockets. you know what? it is going to keep temperatures much cooler in some parts of the bay area than what we are expecting for you inland. all your inland valleys this morning filled in with those dense, low clouds. you have a rain layer at about 1,000 feet this morning. that's a pretty deep marine layer. it is going to take some time to burn off once the sun comes out. it is one of those days where you are going to be able to see the sunshine from the mountains. see that thick, low cloud as it hovers at 1,000 feet. thanks for waking up with us on a wednesday morning. we want to get you closer to that weekend. the weather looks good for your outdoor plans this weekend. across the bay area, that time of year where it is really nice.

we have chilly mornings to get through. thick pockets of fog. that will be the case until about noon. overall, looking really good. we saw that clock by 7:00 a.m. as you make your way out the front door for your morning drive. count on thick fog down to the south bay. stop that clock again getting into this afternoon. temperatures are going to start to really warm up between about 9:00 and noon as that fog clears. look at daly city, not expect thing to get out of the fog. just about all day long, you will be socked in. temperatures are going to be warm just about everywhere else except for the immediate coast and daly city where we get that little fog belt. overall, lots of sunshine for liver month, fremont. oakland. 73, fremont. 85 in livermore and 76 in san jose. getting into the next couple days, we have some pretty significant changes to tell you about. we are going to see weak disturbance drop through the area. tomorrow, that will take our temperatures way down. as we head into friday and the weekend, we warm back up. beach weather returns monday to

tuesday. still watching for this area of low pressure to not only drop our temperatures but potentially bring in some showers. right now, a stronger onshore flow, which means areas of fog and drizzle making way to a nice, sunny finish. we are going to keep watching that for you. we could be talking about rain. the chance not looking that great. back to you, marla and jon. >> i'm still looking forward to the beach weather. 4:51. happening now, dozens of wildfires in australia are getting new life as warm and windy weather is unidoing much f the progress they have made. there are about 60 fires burning in australia. 19 are out of control. residents have been doing what they can. many have been told to leave their homes. so far, the flames have burned 200 homes and are actually blamed for one death. 4:51. still ahead on "today in the bay," above and beyond good

karma. turns out being nice does pay off. the choice of faith that helped a south bay couple strike it rich. we're just trying to watch out to make sure you don't strike anything. in the road, we have these low clouds, fog around the bay. this is the san mateo bridge, what we can see of it. talk about the rest of your commute and a new issue for the bay bridge coming up.

you are watching "today in the bay."

the world series gets underway tonight. right here in the bay area, it's the giants making some major headlines. we are talking about fan favorites and two-time cy young award winner, tim lincecum. aside from a couple of down hill seasons, the giants lock it up for the next two years. a deal said to be worth $35 million. it has a no trade clause. this is all pending a physical. it is the 29-year-old's second straight two-year contract after he rejected a five-year deal in 2012. >> congratulations to lincecum. >> big money. >> let's take a look at our big man, mike, with a look at the road. >> where they are paying big money to cross the bay bridge. we have to pay for those bridges and the maintenance. the toll plaza, not a problem, even if you are paying cash. low cloud covering around. i can't get a view of the deck. i wanted to show you the map anyway. reports of a stalled box truck,

a van, heading towards treasure island. that fog might be an issue. if you can't see that, stay over to the left. it is reportedly blocking that right lane. meanwhile, the rest of the bay, everything basically in green. down to 59, 58 at the worst. mild slowing may be a bit of an issue. not so bad, guys. 4:56. it appears common courtesy really does pay off by letting one person go first. a retired couple from fremont won $750,000. >> they stopped into the quick stop and allowed the person behind them to go ahead and check out first. well, that person purchased the same lottery ticket they were about to buy. the johnsons ended up with the next ticket in that bunch and won the top prize, a cool $750,000. the couple says they plan on

investing that money, very smart thing to do, very wise and practical, after buying a brand new truck and a rototiller for the garden. >> break up the dirt. >> or they could pay for somebody to do their gardening. >> i like it. he looks like kenny rogers to me. >> it's a gamble. still to come, a break in san jose's 25th murder of the year. the alleged gang members police say they have taken off the streets. >> plus, caught in the ac. investigators are on the hunt for these two south bay burglars.

to those who've waited... worried... poked and prodded... taken risks... and lived in a state of "what if?"... welcome to a new state... of health. welcome to covered california. the place to find quality, affordable coverage. financial help for those in need. and nobody can be denied because of a pre-existing condition. enroll now at coveredca.com.

good morning. i'm kristy snit. investigation of the killing of two b.a.r.t. workers this morning. reopening the investigation,

why officials say they will take a second look into a construction accident that killed a worker at the 49ers new stadium. i'm meteorologist, christina loren. boy, oh boy, do we have thick pockets of fog this morning. we are going to rebound jumping by about 40 degrees in some cities. i'll have your full forecast in just a few moments. we have one lane of the bay bridge blocked right now. low clouds and fog. a wrong-way driver just reported for the south bay. we'll sort out those reports. i'll bring that to you coming up let's take you outside. a live look. i believe this orange fog is the south bay. a live look over san jose. the light illuminating your day before the sun comes up on this wednesday, october 23rd. this is "today in the bay." 5:00 on the nose. good morning. happy wednesday. thanks a lot for joining us.