top stories we are following on this thursday october 17th.

bart trains continue to run this morning. as contract negotiations stretch into the early morning hours. we'll have have full coverage in a moment. and a-c transit busses are running as well. a strike has been was temporarily averted. we'll tell you how the governor is getting involved. plus. the government is now open. president obama signing the funding bill just hours ago.

our top story this morning. bart trains are running as talks continue. managers and union reps remained at the bargaining table overnight in an attempt to reach an agreement. federal mediators overseeing labor negotiations between bart management and union leaders made the announcement last night that the trains would be running this morning. this is the fifth time in the past week the public was informed that a threatened bart strike would be averted the following

day. it has been said that progress is being made. it reamins unclear how much longer it will take for both sides to reach an agreement on new employee contracts. people who use a-c transit found out that they're safe from a strike - a least for a while. governor brown called for a cooling off period yesterday. he announced that he is appointing a three-member board to investigate the labor dispute. the board will provide brown with a written report within seven days. ac transit workers are not allowed to strike during that period.

kron 4 spoke with some commuters who say they are hopeful that a deal will be reached. governor brown said that a potential a-c transit strike "threatens to disrupt public transportation services and endanger the public's health, safety, or welfare" after the week-long inquir, brown could seek a 60-day cooling off period if needed. if a strike for either transit agency does happen -- you can stay connected to kron-4 dot com to find out ways to get around the bay.

we'll have the latest developments. you can also stay informed on our facebook and twitter pages. or -- download our mobile app to get push alerts for the latest bart information. the federal governemnt shutdown is over. congress apprpved a

bipartisan deal last night to reopen the government and avoid a possible debt default. the senate passed the plan 81-to-18. afterward, the house voted 285-to-144 to approve the plan. president obama said kim congress and the administration must now get back in the good graces of the american people. congress approved a bipartisan deal wednesday night to reopen the government and avoid a

possible debt default. the senate passed the plan 81-to-18. afterward, the house voted 285-to-144 to approve the plan. president obama said congress and the administration must now get back in the good graces of the american people. "i've got some thoughts in how we can move forward in the remainder of the year and stay focused on the job at hand, because there's a lot of work ahead of us,

including our need to earn back the trust of the american people that's been lost over the past few weeks. and, we can begin to do this with addressing the real issues that they care about." the short-term plan would finance the government through early january and raise the debt limit through early february. president obama signed the measure early thursday. for the first time in more than two weeks. residents and tourists in the bay area will be able to visit

alcatraz, muir woods and other popular destinations that were closed because of the government shutdown. the sites are among the more than four hundred national parks and monuments that have been off limits until now. alcatraz cruises is resuming trips to the island

starting at 8-45 this morning. and visitors at yosemite national park can start checking in at noon today. new this morning. a federal appeals court will hear the case of morgan hill students sent home for wearing american flag t- shirts on cinco de mayo.

the incident happened at live oak high school in 2010. the parents of the three

students say their first amendment right to free loughs speech was violated. they are appealing to the 9th u.s. circuit court of appeals for reinstatement of their lawsuit, which was dismissed by a district judge in san jose in 2011. that judge ruled school officials were justified in taking their actions because they were responsible for students' safety and believed the flag-wearing students in danger of being harmed. a san francisco janitorial company has been ordered to

coming up on the kron four morning news. it may be easier for it may be easier for tto 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.

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the big concern was among adolescents ages 12 to 17 years old. a full 65 percent of them drink sugary beverages daily. an eight percent increase since 2005. the drinks include soda, energy and sports drinks. researchers are concerned teens are a targeted age group for beverage companies that spend millions of dollars marketing sugary drinks to them. they hope the study will raise awareness among parents. expect '70s a low 80s but

you're the middle of your day. with the exception of san francisco some of the north bay spots have reached the upper 50s. let's break down your afternoon highs expected for today. plenty of sunshine in the south bay. sunnyvale 81. at same goes for santa clara. fremont checking in with the height of 75. as we had to the east bay a mix of '70s and '80s up there. concord flooding with the 80 degree mark. the percentage is in castro valley. downtown's san francisco hit a high of 80s. today we will collect off a little. mid-60s if you're heading to ocean beach and upper '70s expected and oakland. your 7 day around the bay forecast highlights similar weather as we had throughout the rest of the week. not much change in those temperatures. we will however see the return of morning fog as we transition into the weekend and temperatures will start to slide a bit as we head into

next week. caught off still pretty seasonal weather throughout the bay area. in terms of traffic we do have one injury accident. i do want to take a look first at the bridges because that does affect more commuters. here's the live look out at your approach to the bay bridge. the majority of that traffic is coming from the e shore freeway but still haven't seen any weight at the pay gates. for the san mateo bridge is starting to build in the westbound direction. for tell light heading out to foster city. drive times still holding steady at about 12 to 30 minutes. self all won the golden gate bridge has crystal clear conditions as you work the way out of the north bay. we are observing an accident westbound 80 e shore freeway ride as sent papillote damn road. involved in a couple of the knuckles and trees look like pretty extensive. emergency

crews have arrived on the scene. as of right now we are seeing any slowdowns. but one to three lance could be blocked so certainly keep that in mind if you're taking the e shore freeway. as for the rest of the ride here's a look at the. your into debt-free. >>james:newly released reports from prison guards provide more details about the death of cleveland kidnapper ariel castro - but offer few clues about whether he meant to hoss kill himself. the reports released by the ohio department of rehabilitation and correction describe how guards found castro hanging by a bedsheet in his cell on sept. 3. the coroner's report called

the death of the 53-year- old castro a suicide. but an ohio prisons report released last week suggests that he may have died accidentally while performing autoerotic asphyxiation. one guard noted that castro's "shorts were around his ankles" when he was found. ariel castro kidnap victims could get 25-thousand- dollars for every year held captive.

the compensation is part of a new law applying to anyone held captive eight years or more. the funding will come from the ohio court of claims' victims fund. it also pays for college tuition and expenses. ariel castro kidnap victims could get $25,000 for every year held captive the compensation is part of a new law applying to anyone held captive eight years or more the funding will come from the ohio court of claims' victims fund

it also pays for college tuition and expenses charges in a controversial rape case could be refiled, as the prosecutor who dropped the charges asks a judge to take another look at the case. the mother of the alleged victim is happy that people are now listening. the search is on in florida for two convicted murderers freed from prison because of a mix-up. joseph jenkins and charles walker walked out of the same prison within days.

the florida department of corrections says in both cases, court documents were forged. both are from orange county but it's not clear right now where they are and what their doing. in addition to the search for the convicts, authorities are conducting an internal investigation to see how those forged papers were created and who made them. today is the great shake out. a world wide earthquake drill. some 24 million people, including 9 ½ million in

california, have signed up to duck under their desks and cover their heads at 10:17 a.m. today. participating countries include japan, canada, italy and guam. powerful quakes have rattled the world in recent weeks, including a magnitude-7.1 jolt that killed over 100 people in the philippines and damaged historic churches. drill organizers say the focus this year is on fires

that may be sparked after a quake because of ruptured utility lines. roberts finds some drivers residents in a concord neighborhood want the city to take action after a series of crashes at a particular intersection. so we sent stanley roberts to take a look. it's this edition of people

behaving badly. >>: of the many stories on hollywood stops. after getting a tip from popular concord block regarding the intersection of galveston and john avenues. i decided to go check out things. long been hauled up just like in the big city drivers for rolling through the stop sign. oftentimes people have asked me have i ever seen people crashed at a hollywood stop it to them i present this evidence. the residents of what i like to call a country road or if it what it up for when stop but >>: the city of concord has said over the years that if we put a four way stop it will make more accidents. >>: i sat on the porch plaza front seat to the madness of

this country road so to speak. >>: people used lakers. >>: and fact watch this red car at the stop sign however after stopping the driver rose through. >>: and it's not just hollywood stops to talk about radar set up by the neighbors. but in concord stem roberts kron4 knows.

coming up on the kron 4 butbart trains are running this morning. and contract negotiations have not ended since the began nearly 20 hours ago. we'll have the latest. if you take the richmond san rafael bridge, you may have noticed more traffic than usual. we'll tell you what's

causing the backup. and when you think of american food, hamburgers a and and hotdogs may come to mind. but that could be changing soon.

it is 4 to it than a at par with ours but then those of usbart trains are running as talks continue. managers and union reps remained at the bargaining table overnight in an attempt to reach an agreement. federal mediators overseeing kit labor negotiations between leaders made the announcement last night that the trains would be running this morning.

this is the fifth time in the past week the public was informed that a threatened bart strike would be averted the following day. it has been said that progress is being made. it reamins unclear how much longer it will take for both sides to reach an agreement on new employee contracts. people who use a-c transit found out that they're safe from a strike - a least for a while. governor brown called for a cooling off period yesterday. he announced that he is appointing a three-member

board to investigate the labor dispute. the board will provide brown with a written report within seven days. ac transit workers are not allowed to strike during that period. governor brown said that a potential a-c transit strike "threatens to disrupt public transportation services and endanger the public's health, safety, or welfare" after the week-long inquiry, brown could seek a 60-day cooling off period

if needed. if a strike for either transit agency does happen -- you can stay connected to kron-4 dot com to find out ways to get around the bay. we'll have the latest developments. you can also stay informed on our facebook and twitter pages. or -- download our mobile app to get push alerts for the latest bart information. the deal is done.and the 16-day government shutdown is over. president barack obama signed a bill early today to reopen the government and raise the debt ceiling. hours after the house and senate approved the plan. but the deal is only a

temporary fix. the measure funds the government through early january. it also raises the debt limit through early february, saving the country from defaulting on its bills. lets take a look at westbound traffic. one. temperatures. a little bit cooler along the coastline with seabury's picking a. merely to discuss. but later on tonight temperatures will drop. we're still looking at pretty clear conditions but most of us in the upper 50s low 60s. really not too bad of a forecast for the next 24 hours. if you like yesterday probably like today and tomorrow as well.

really not much changed. just so fluctuation and the numbers look like we will see the return of morning fog as a transition into the weekend. more on your forecast coming up in just a moment. as for traffic around the bay area. accident long cleared as sad tableau than road. here's the live look outside and your approach to the bay bridge. you notice we are seeing a few more cars out there compared to two minutes ago but still a very easy ride and the metering lights are off. the cemetery bridge moving well in both directions off highway 92. no problems getting to the bridge. last but not least let's take it outside to the golden gate bridge. headlights working their way into san francisco so of course the volume is heavier and the southbound direction. the incidents to report to drive time.

>>james:frustration in the north bay. for the past few weeks, drivers headed east-bound on the richmond-san rafael bridge have been dealing with very long commute times. kron 4's charles clifford shows us what's causing the problem. >>: for the past few months caltran has been working along interstate 580 just east of the bridge. they've been replacing several sections of the road that in both directions. right now east bound traffic coming off the bridge is being split into two lines this past the toll plaza. one line to go left and the other to the right. caltrans is working in the middle bridge was drivers get past the construction the two lanes march back together but this led to is creating a bottleneck. traffic on the bridge can sometimes get backed up for miles reaching

as far as san rafael rivas highway 101 and ran. the delays have devastated some drivers commute times. then i was late to work and i got written up for my job because i didn't make it on time. that really sucked. >>: its consistently slow during the entire commute hours. >>: caltran says that the split late configuration will be in place until the end of october and then they will switch it to two lanes on the left and construction will be on the right to print this entire projects should be completed by the end of the year. >>james:good news for caldecott tunnel commuters. the fourth bore could open as soon as a month from now! it's designed to ease traffic for drivers who use

the tunnel between orinda and oakland. crews still need to finish some safety testing - but they sound optimistic. weather will be a factor for some of the work -- including painting. it's hoped that the fourth bore can open the weekend of november 16th. coming up on the kron four morning news. good news for people renting house and apartments in the bay area. that after the break.

to those who've worried... suffered in silence... hoped... and lived in a state of fear... 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.

watching wall street this morning. investors who stuck with the rocky stock market gridlock in washington are happy today. word that the government was reopening sent the stock market soaring yesterday.

here's a closer look at the closing numbers. the dow was up 206 points. the nasdaq up 45. and the s and p gained 23. futures trading right now shows all three indexes down right now, we'll see how the markets open at 6:30. salsa overtaking ketchup as america's no. 1 condiment was just the start. these days, tortillas outsell burger and hot dog

buns; sales of tortilla chips trump potato chips; and tacos and burritos have become so ubiquitously "american," most people don't even consider them ethnic. with hispanics making up more than a quarter of the u.s. population today - and growing fast - experts say this change is dramatically flavoring the american experience. a consumer research firm says hispanic foods and beverages were an $8 billion market in the last year. by 2017, that number may reach $11 billion. at least a little good news tonight for people renting apartments and houses in the bay area. prices may be leveling off.

a company called "real facts" tracks rental costs

-- and says the worst of the his sky-high prices might be over.at least for now. rents were up two and a half percent.but while they're still rising.they're slowing considerably. the average bay area rent is just over two thousand dollars. the company says prices could start trending down - as more apartment buildings are built.creating more competition.

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top stories we are following on this thursday october 17th.

we're writing for caltrans were negotiations are taking place. how much a note if bart trends are running- judge trains are running in a moment. we will have the latest in the contract negotiations. offsides and a-c transit busses are running as well. a strike has been temporarily averted. we'll tell you how the governor is getting involved. our top story this morning. bart trains are running as talks continue.

managers and union reps remained at the bargaining table overnight in an attempt to reach an agreement. >>will: you can see we are live in front of the building right now. negotiations are taking place. the federal mediator said that this blood stay here. let's continue to hammer out a deal. we set up a podium right and front just in case they should come up. we let them over

the past several hours, we have seen some of the reconciled members coming and going but none of the chief negotiators from the three unions are looking for new deals. i can tell you. i asked them why can't you

tell the riding public why can't you tell the riding public to give them guarantees that the trend will continue running as long as you continue negotiating. they told me they can to do that great part of their tactics and their tools that they have is to make a bart management on comfortable and uncertain and that's why they can issue those assurances well into the future. they say it's going to be a delay announcement. back to you. >>darya: thanks a lot. he's bringing us the very latest on the most important story about a bart. a bart trains are running >>james: people who use a-c transit found out that they're safe from a strike - a least for a while.

governor brown called for a offs cooling off period yesterday. he announced that he is appointing a three-member board to investigate the labor dispute. the board will provide brown with a written report within seven days. ac transit workers are not allowed to strike during that period. kron 4 spoke with some commuters who say they are hopeful that a deal will be reached. governor brown said that a

potential a-c transit strike "threatens to disrupt public transportation services and endanger the public's health, safety, or welfare" after the week-long inquir, brown could seek a 60-day cooling off period if needed. if a strike for either transit agency does happen -- you can stay connected to kron-4 dot com to find out ways to get around the bay. we'll have the latest developments. you can also stay informed on our facebook and twitter pages. or -- download our mobile app to get push alerts for the latest bart information.

>>darya: we will see the return of morning fog. full details of when that's expected coming up in just a couple of minutes. >>mark: it's back to work for hundreds of thousands of furloughed government employees. president obama has signed legislation ending the partial government shutdown and averting a u-s default by allowing the treasury to borrow normally at least through february 7th.

the senate passed the plan 81-to-18. afterward, the house voted 285-to-144 to approve the plan. president obama said congress and the administration must now get back in the good graces of the american people. the government is funded through january 15th. for the first time in more than two weeks. residents and tourists in the bay area will be able to visit alcatraz, muir woods and other popular destinations that were closed because of the government shutdown. the sites are among the more

than four hundred national parks and monuments that have been off limits until now. alcatraz cruises is resuming trips to the island starting at 8-45 this morning. and visitors at yosemite national park can start checking in at noon today. since the government is back up and running, national parks are reopening this morning. that's including alcatraz. kron four's mike pelton is live from alcatraz landing in san francisco with more, mike? will speak with a big crowd should show up this morning. in addition to the would be a happy crowd something that we haven't seen here for some several weeks. bacteria.

coming up on the kron four morning news. bart trains are running this morning. if you're hitting the road here's a look at the richmond center fell bridge. we will be right the richmond center fell bridge. we will be right back. back in our day, we couldn't just move the tv wherever we wanted. yeah, our birthday entertainment was a mathemagician. because if there's anything that improves magic, it's math. the only thing he taught us was how to subtract kids from a party. ♪ let's get some cake in you. i could go for some cake. [ male announcer ] switch and add a wireless receiver. get u-verse tv for $19 a month for 2 years with qualifying bundles. rethink possible.

plus, one bart rider is and a reminder that bart trains are running this morning. taking a live look at the san mateo bridge this morning as we continue to follow our top story: bart trains are running. but the constant waiting on whether there is a strike has been especially difficult for people with disablities who rely on public transportation. 26-year-old alex reyes was hit by a car in sanas we

have said. bart trains wall will be running today. with the threat of the strike looming he has left his home. after stanhope late each night to learn to see if a strike would have been unable to book cakes because he wasn't sure. it's been a real hassle for him. >>: i was more than excited. i felt like i was going to be able to >>: bart unions have not issued eight strike date deadline yet. we would just have to wait day-by-day to see if they would come up with an a resolution. the bargaining continues today.

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>>darya: thanks for liking to the kron4 morning nose print it's a cold one this morning. 50s along the east bay shoreline. san francisco milder and 55 degrees. we do have some areas and the low 60s. futurecast 4 shows by 12:00 we will keep temperatures in the '60s for places like san francisco and half moon bay in pacifica. but the rest of the bay area is well into the '70s. we will start to see some 80s the lead for the inland spots. that includes pleasant in livermore. those of you on the delta and most communities in the south bay. as we head into the 8:00 hour and take a look at this. temperatures back in the '60s for the most part with the exception of the coast and north bay fog

actually dropping in the '50s. really not too bad of a forecast of just a little bit cooler. really now change of temperatures in places like danville with a high of 8182 to walnut creek. but '80s out and antioch. expect mostly sunny skies. richmond today 77. 79 in hayward. some clouds are trying to make their way into the bay area. i think we could see a few passing clouds. could be a little hazy. not a crystal clear conditions which enjoyed for the past couple of days was still a gorgeous day down in the south bay. the 81 decrees also as sunnyvale flat with the 80 degree mark. mid-70s for downtown san francisco. the peninsula but temperatures today upper 60s for the post. is due to enhance the sea breeze.

their 7 day around the bay for cashless of fluctuations as we have into the weekend. expect a return of morning fog as we head into saturday dollars for forecast three years traffic with the torch. >>george: pretty quiet morning and the traffic center. looking at like conditions for bay area bridges. here's a look westbound bay bridge approach. the problems coming from the e shore nimitz or the 58024 split 3 for 92 the san mateo bridge also looked good. here's your ride heading westward. for the golden gate bridge 101 southbound produce light in both directions for it in the picture e shore freeway.

will update your drive times for you. and the 24 drive looks good at as does interstate 680. cocker to lot of creek one of creek down to saddam on a continuing out of dublin. some slowing for the 580 ride for it event from the 2 05 interchange it's lighter than usual. south and freeways look great. no delays here and there marin it's an easy ride for 101 south. 23 minutes in a bottle down to the cold like a bridge. >>mark: charges in a controversial rape case could be refiled, as the prosecutor who coleman believes the charges

newark mayor cory booker is heading to washington. booker has won a special election to fill the seat of late senator frank lautenberg. booker defeated conservative steve lonegan after an aggressive two month race. lautenberg's term was only through 2014, so booker would have to campaign again almost immediately to run for a full term. booker, who is a stanford grad, is new jersey's first black senator back here in the bay, neighbors in sausalito are honoring a popular postal worker - by putting yellow ribbons on their mailboxes. she was critically injured

in a san francisco car crash last month. a woman who was allegedly speeding crashed into tina chew's car. tina is now in a coma. her teenage son kevin san died at the scene and her daughter is still in the hospital. neighbors say they'll keep the ribbons on the mailboxes - until she returns. neighbors say tina has touched many people along her route. they're hoping she can eventually come back to work. look at them with that u-verse wireless receiver.

back in our day, we couldn't just move the tv wherever we wanted. yeah, our birthday entertainment was a mathemagician. because if there's anything that improves magic, it's math. the only thing he taught us was how to subtract kids from a party. ♪ let's get some cake in you. i could go for some cake. [ male announcer ] switch and add a wireless receiver. get u-verse tv for $19 a month for 2 years with qualifying bundles. rethink possible.

fastthe company was initiallyrestitution the u-s department of the government shutdown has cost the economy * billions of dollars. coming up after the break, we'll break down the numbers. here's a live look outside.

toll plaza and a reminder that bart trains are running this morning. taking a live look at the toll plaza this morning as we continue to follow our top story: bart trains are running. watching wall street this morning. investors who stuck with the rocky stock market, throughout the political gridlock in washington are happy today. word that the government was reopening sent the stock market soaring

yesterday. here's a closer look at the closing numbers. the dow was up 206 points. the nasdaq up 45. and the s and p gained 23. futures trading right now shows all three indexes down right now, we'll see how the markets open at 6:30. standard and poor's estimates the partial shutdown of the government has had a 24-billion-dollar impact on the u-s economy. since october 1, the agency believes the shutdown who

long trimmed point-six- percent off annualized g-d-p growth for the fourth quarter. standard and poor's downgraded the rating of u- s bonds in 2011 due to political impasse in washington it warned, wednesday, that consumer confidence plummeted as the country approached the debt ceiling two years ago. it also said that a default on u-s debt could have a devastating impact on markets and on the economy.

>> welcome back. the time is 5:30 a.m.. bart trains are running as talks

continue. managers and union reps remain at the bargaining table overnight in an attempt to reach an agreement. kron4 will tran is live at caltrans headquarters with more. >> this is the second time this week that they have gone in overtime. we have a podium set up just in case and they come out and state whether or not they have a deal. this is a fluid situation. if you are getting of this morning the good news is that the trains are running as far as tomorrow, saturday, or a sunday they're not telling us. they stated that they do not want to have on certain secret they would try to give us heads up when they can. they stated that the federal meat the gaidar will make an announcement. this is what he had to say last

night. >> negotiations have been continuing. both parties are engaged. the parties have authorized me to what buys on their interest and for the good of the public interest. the trains will run for to margareto margaret ie nothing further to say. i will not be answering any further questions we will look into the negotiations at the bargaining table and will continue to rob the night. we will be delighted to give you angive you any updae they come available. maligned the three federal mediators are on hand.

>> some people from the union have been hearing this is a situation that is continuing to develop. judging by what they did a few days ago the camera about 5:30 a.m. to say yes or no. at this time no one has came out but when it comes out we will be ready to go and we will bring it to you. >> people will use ac transit found out that they're safe from a strike, at least for while. governor brown put it strike threat and on hold yesterday by appointing a three member board of investigates the labor dispute. the board will give the governor a written report within seven days. ac transit workers are not allowed to strike during that period >> if a strike for either

transit agency does happen you can stay connected up kron 4 at our website kron4.com. will have the latest developments. you can also stay informed on our facebook and twitter pages. or you can down load the mobile app. >> the time is 5:34 a.m.. >> the conditions are looking good this morning for the ride on 1 01 in the south are the direction. it is an easy 23 minute drive time at the bay bridge toll plaza. it is very light traffic and a quick commute shows a little slowing for highway 4. for the east bay, the nimitz is looking good. we're still looking at light traffic for the peninsula.

>> this is another clear morning around the entire bay area. the temperatures are not as cold as 24 hours ago. we have not seen any 30's. it is 51 degrees currently in oakland. we may see temperatures drop off along the coast and i will highlight the weekend forecast coming up. >> it is back to work for hundreds of thousands of furloughed government employees. president obama has signed legislation ending the partial government shutdown and averting a u.s. default by law and the treasury to broad normally a lister february 7th. the senate passed the plan 81-18. afterward, the house voted 285-144 to approve the plan.

here's what harry reid and said crews had to say about the deal. >> we cannot make the same mistake again. this is a terrible deal. i urge my colleagues to oppose it. >> ted cruz try it again this but the big nils is that we will start to see parks reopen. >> for the first time in more than two weeks residents and tourists in the bay area will be able to visit alcatraz,muir woods and other popular destinations. the sides are among more than 400 national parks and monuments that have been off-limits until now. alcatraz cruises is

resuming trips to the island starting at 8:45 a.m. this morning. visitors at the is the national park and start checking in at noon today. >> new this morning, a federal appeals court will hear the case of morgan hill students were sent home for wearing american flag t- shirts on cinco de mayo. the incident have been at live oak high school in 2010. the parents of the three still unsafe to their first ed mcmahon rights to free speech was violated. they are appealing to the ninth u.s. court of appeals for reinstatement of their lawsuit, which was dismissed by a district judge in san jose in 2011. the judge ruled the school officials were justified in taking their actions because they were responsible for the students' safety and believe that the flag wearing by the students was in danger and

of being harmed. >> take a look get this. it is a rare well that was found dead in at venice beach in loss angeles. the 15 ft. long stejneger's beaked whale washed ashore tuesday night. what makes this so rare is that it was has a dolphin shaped head and saber like teeth and is releasing the wild. these species typically dive deep into the waters to feed on fish and squid. there are into the waters to feed on fish and squid. there are believed to migrate as d i d li this fourinch bands

at ce arnd to e frt of my body. d thpainrom it was- itas excruciing. drivers a head it. coming up drivers a head it. coming up i and st, st wait upn a ball tillt paed. teenagers. we would tell you just how much soda they are drinking. >> coming up as 6:00 a.m.. one man is in the hospital after being stabbed in sampras's go.san francisco. [ male announcer ] you got to love the weekend. it's like everyone came together and said, "if it's good, let's save it for the weekend." so here's to the kfc ten buck weekend bucket.

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5:41 a.m.. taking a live look at the golden gate bridge this morning as we continue to follow the top story, bart trains are running. >> salsa is overtaking catch up as americans and no. 1 condiments. these days, tor tillas out sale burger and hot dog buns, sales of its tortil chipla this trunk potato chips, and tacos and the garridos have become burrito

ubiquitously. what hispanics making a more than a quarter of the u.s. population today, and growing says, experts say that this changes dramatically favoring the american experience. a consumer research firm says it is enclosed and bridges were and $8 million market in the last year. by 2017, that number may reach the $11 billion. >> a startling new study out today shows an alarming spike in sugary drinks that are consumed among teenagers. the study called still bubbling over shows a full 65% of teens, ages 12 to 17, drink sugar creek bridge as a daily. that is

an 8 percent increase since 2005. the drinks include soda, energy and sports drinks. they hope that this study will raise awareness among parents. coming up at 9:45 a.m. this morning, we will have an expert in the studio from san francisco department of health to talk about the study.

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ends sunday. guaranteed! ♪ sleep train ♪ your ticket to a better night's sleep ♪ >> welcome back. the time is 5:46 a.m.. taken at live look outside at the san mateo bridge this morning as we continue to follow our top story, and bart trains are running. you couldn't see outside that this committee is looking good. >> we have bread the nils out over redwood city or fire crews are battling a three alarm fire. it broke out about 20 minutes ago in the 900 block of woodside road. kron4 jackie sissel is on the scene, will have a

live update coming up. >> let's find out about the weather. >> it is cold outside. technically it is not as cold as is in the past mornings. let's take a look as some of the temperatures. it is very mild in antioch. it is about 57 down the east bay shoreline. 44 degrees in napa bug. once the sun comes out it will have the opportunity to heat things up. we will continue with normal weather. livermore reached a high of 82 degrees. the temperatures will stay in the upper 70's. any cooling that we do experience will be along the coastline. >> 60's will be in place for

places like daly city. and by later lawn this evening and we will keep the calm conditions but you will probably want to bundle up because the temperatures will be back into the 50s. satellite and radar shows clear conditions but high pressure is in control. your 7 day around the bay shows similar whether inland. take a look at the temperatures. that will tumble and the assistance to the sea breeze. we will introduce fault. the temperaog back in the temperatures. >> the time is 5:49 a.m..

>> bart trains are running this morning. this takes extra pressure off the bay bridge. ac transit is one as 60 day cooling off. so you do not need to worry about this. >> the normal traffic conditions, this is what we have. no hot spots or major incidents. the answer just beginning to slow with the bay bridge the we are problem free. your ride to the san mateo bridge they have zero delays but we still see some really tough conditions increase. this seems to be the new normal. looking at the commute for the golden gate bridge 1 01 northbound has light traffic all we're wrong. >> updating the east bay right now 14 minutes from hercules to berkeley. 24 is still looking good and 580 is still a pretty good right. the south bay freeway

is picking up a little bit of slowing. >> there is good nilsnews for caldecott tunnel commuters. a fourth more could open as soon as a month from now. it is designed the ease the traffic for drivers who use the tunnel between orinda and oakland. crews still need to finish some say the testing. whether it will be a factor for some work, including painting. it is

hoped that the for the bore and open the weekend of november 16th. >> for the past few weeks, drivers headed eastbound on the richmond san rafael bridge have been dealing with very long commute times. that is because caltran has been working along interstate 580 just east of the bridge. they have been replacing several sections of the road deck in both directions. right now, eastbound traffic coming off the bridge is be split into two. but the split along with a 45 mi. per hour construction zone speed limit is creating a bottleneck. traffic on the bridge can sometimes give back up for miles, reaching as far as san or felt or even highway 101 in marin. the delays have devastated some drivers commute times.

>> caltran says that the split lane a configuration is going to be in place until the end of the month and then traffic will be switched to two sides. the entire project should be completed before the end of the year. >> today is a great shake out, 8 world wide earthquake drill. some 24 million people, including nine and a half million in california, have signed up to duck under their desk and cover their heads at 10:17 a.m. today. it is happening today because this is the anniversary of the loma p reita earthquake that happened back in 1989. participating countries include japan, canada, italy and one. powerful

quakes have rattled the world in recent weeks, including a magnitude 7.1 jolt that killed over 100 people in the philippines and damaged historic churches. drill organizers said that the focus this year is on fires that may be spared after a quake. >> if you are a fan of san francisco's coit tower, you will want to plan to visit the icon bay area fixture soon. the tower is going to be closed next month to undergo renovations. and an assessment of the building last year found a variety of problems, including water damage, led based paint is flaking from the ceiling and of pestos installation that needs to be removed. this

tower is expected to reopen in mid april of next year. hñ ok aallll that yumness twbuild yourwn cckenrapswith a . hñild ur o chicken wps,! guestha's how. ok aallll that yumness

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>> breaking news. we are following a fire out of redwood city. it has grown

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>> top stories we are following on this thursday october 17th. bart trains are running this morning. we will have the latest in with bart and with a-c >> will tell you when you are able to set sail here. >> of breaking news. we are following a story out redwood city where a fire crews are battling a three alarm fire. it broke out about 20 minutes