now at noon -- tragedy in contra costa county after a young student was hit and killed on his way to school this morning. we're just weeks away from another possible b.a.r.t. strike and we're monitoring talks today. we'll tell you what both sides plan to do to try to reach an agreement. and construction of the 49ers' stadium is well underway. now there are new concerns about how it could impact a popular nature preserve.

good afternoon. i'm tori campbell. an entire school community is grief stricken after a 7th grader riding his bike to school is struck and killed by an suv. it happened on byron and hoffman near excelsior middle school just before 8:00 this morning. ktvu's tara moriarty is on the scene and just talked to chp about how this happened. >> reporter: good afternoon. a lot of heavy hearts here. about four hours ago it was a very horrific scene. a woman was trying to make a right-hand turn turn when she was coming out of the school when she hit a boy right there. he was dragged for about 60 feet and now two families' lives will never be the scene. a smashed bicycle lay underneath this black suv off byron highway. >> he was crushed underneath the vehicle. >> reporter: the boy was riding his bike when hit and instantly

killed. >> she felt she struck some sort of object and immediately pulled over. >> reporter: the chp said the woman who struck him had just dropped off her own children at the school at 8:45 this morning el. >> it's an unfortunate set of circumstances. our heart goes out to the family of the young boy. >> reporter: a parent told us the 7th grader made good grades and said her mother survived cancer. >> he was wearing his safety helmet and had a contra costa sheriff's department badge on top of it. it's sad. >> reporter: the chp is asking anyone who witnessed this accident to come forward. right now no charges are being filed against the driver. i'm tara moriarty, ktvu channel 2 news. >> thank you. an investigation is underway in the north bay after a body was found on highway 101 during the morning commute. the body was discovered just before 7:30 a.m.

in novato near the atherton avenue overpass. the chp says it was an apparent suicide and the victim may have jumped from the overcrossing. both directions of traffic were stopped for more than half an hour. b.a.r.t. talks are underway as the clock continues to click down towards another possible b.a.r.t. strike. as you can see here, there are 17 days remaining until october 10th when the 60-day cooling off period ordered by governor brown expires. b.a.r.t.'s union and management resumed talks around 9:30 in oakland. they are set to meet every day through the october 10th deadline except for one day which is an optional day which could be imposed by the mediator. they say they hope that's enough time to reach an agreement and avoid another strike. >> we don't want the public to be held any more than we want to have service disrupted. we're gonna give our all like we have since the beginning.

>> negotiations are focusing on wages, pensions and medical contributions. b.a.r.t. says the latest offers from both sides have a difference of $112 million. san francisco police are lacking for the public's help to wrap up a dog fighting case in which they've already arrested two suspects and have obtained a warrant for a third. investigators say they've obtained a video that showed these two pit bulls being encouraged to fight and would like to find the dogs. they also say the video showed several other people at the fight. these are pictures from the video. they hope that anyone who recognizes the dogs or the people in these pictures will call the san francisco police department. happening now in san francisco, oracle's open world is in full swing at the moscone center. 60,000 people are expected to attend the five-day conference. some people say they are here mainly for the parties and the social events. but others say it's strictly business and networking purposes. they were gratified to hear

from oracle's founder at last night's opening speech. things that used to run in an hour, you know, now run in a few seconds. it's a dramatic improvement in query and analytic processing. >> organizers say this is one of the biggest an url -- annual conventions in san francisco. it's expected to bring the economy more than $33,000 per person for hotels, registration, taxis. a san francisco strip club is suing oracle over an unpaid bill. according to reports, new century claims that an oracle employee charged more than $33,000 in strip club services on a company credit card and oracle has not paid up. it allegedly happened over two nights during last year's open world conference. oracle has not commented. construction amount the 49ers' new stadium is right on track.

but already there are now concerns over parking. ktvu's janine de la vega joins us live to explain why some santa clara residents fear parking changes will compromise a popular natural preserve near the 9ers' home. >> reporter: tori, construction at levi stadium has impacted the thousands of families who use the youth soccer fields that are right next to it. city leaders realize the land is worth millions of dollars because it's next to the stadium and they want to relocate the field. >> we developed a waterway here for the monarch butterflies and the plants and the water. >> reporter: dennis dowling comes to the natural area every day tending to the native foliage planted. it includes wetlands, wildlife and a butterfly garden. he fears they will be impacted if the city chooses to move soccer fields here. >> you can't have a tree in the middle of the soccer field. this is not just a tree. this is a forest.

what you are looking at there is where the soccer fields are going to be. >> reporter: volunteers have already fanned out in neighborhoods, handing out fliers to residents to make them aware that the city is considering ulistack as the site. >> the soccer park is a 24/7, you know, operation, and so we need to take care of the youth of our community and move it. >> reporter: one option regarding the parking, paying over but the field could be sold to developers for other uses. if this is chosen as the spot, it will not impact the wetlands or butterfly gardens, they say. >> i believe it could be a compatible use to have open space soccer and wildlife. >> reporter: wildlife. >> this is the last 40 acres of natural open space in santa

clara. >> reporter: the city will spend the next several weeks getting imput from the soccer community and ulistack and other sites. reporting live from santa clara, janine de la vega, ktvu channel 2 news. >> thank you, janine. 49ers' star linebacker aldon smith will not play this thursday against the rams. 9ers' ceo jed york announced smith will be taking an indefinite leave to get treatment for suspicion of dui. after yesterday's loss against the colts, smith apologized and said he will get help. a new proposed curfew could mean jail time for minors who are out late at night. the proposed curfew -- curfew would apply to those found in public. it would ban minors from

cutting school. and the bayview district is getting help to lower crime. right now george gascon and malia cohen are discussing the details of a new federal ane mo comes at the bayview neighborhood. we're following the latest on a hostage situation. we'll tell you about the local connection with one of the victims. it's sunny and warmer today but rosemary orozco will be here to tell you how long it will last and what's in store for the workweek. and the nerk's mup race -- america's cup racing is scheduled to begin in about an hour. why they may be postponed yet again. mom...

yes honey? dad told me that cheerios is good for your heart, is that true? says here that cheerios has whole grain oats that can help remove some cholesterol, and that's heart healthy.

[ dad ] jan? ♪ now to our developing news in kenya, that's where al- shabab militants took over a shopping center and gunmen were on roofs. security forces now control the mall. >> reporter: we're now into the third day of this hostage standoff here in nairobi. the kenyan authorities believe

there's an end finally in sight. they say they've killed two of the hostage takessers and released most as -- takers and released most, as they say, of the hostages. they are claiming to be in control of most of the building say they've managed to cordon off sections in which the militants and hostages are. you can see from the black smoke, the militants do have some scope of movement. they managed to get up on the roof and burn mattresses that they've taken from the shopping center inside from the sure market inside -- supermarket inside. kenya's interior ministry has arrested four suspects at nairobi international airport. they say they suspect them of involvement with this incident. they have taken them in for questioning. they've broadened out the area of operations leading into this shopping sent. the -- center. the hope is there could be some resolution here tonight and that this doesn't go into a

fourth day. but, of, we're all stitch watching and waiting. back to you. the death toll in the attack has been revised to 62. one of the injured victims is a uc berkeley graduate. elaine dang posted a photo of herself getting facial treatment and says she hopes the shooting does not help her think badly of kenya. >> i don't want people thinking somebody about kenya. i'm very prideful of the kenya. i love concernians even though i'm -- kenyans even though i'm american. congress now has just seven days to pass a federal spending bill or face a government shutdown. >> i don't think in america we should throw tantrums when we lose elections and threaten to shut down the government and refuse to pay the bills. >> republicans in the house of

representatives voted to fund everything except the president's healthcare law and they are digging in their heels. >> i think the house should hold its ground sand pass smaller resolutions, one department at a time. it should start with a continuing resolution focused on the military. fund the military, send it over and we'll see if harry reid wants to shut down the military just because et wants to force obama care on the american people. >> president obama has said he would veto any legislation that defunds the affordable care act. today, a teachers' union plans to file suit to keep city college of san francisco from shutting down. an accreditation commission is threatening to pull the certification next july due to charges of mismanagement and poor finances. today the california federation of teachers will file a lawsuit in san francisco superior court. on behalf of 85,000 students and 1500 faculty members.

during this afternoon's commute, there's a new pickup location for casual carpoolers. the former location was on beale street. but today, starting at 3:00, that will change to the west side of spear street between howard and folsom. the change in location is due to construction work at the transbay terminal expected to last the next 18 months. bay area gas prices are dropping slightly and could go lower. according to aaa, a gallon was 4.08, slightly lower in san jose, at 4.01. in oakland, the price is 3.99. analysts say gas prices could drop by 45 cents by halloween as we switch to winter blend gas. another round of the america cup races set to begin

in one hour. oracle team twice sailed a victory against new zealand. thekywys have been one race. but oracle has managed to sweep the last four races making the score 8-5, pleasing some fans and disappointing others. >> reporter: we can do this. >> despite very little wind, racing resumes at 1:15. the first team with nine victories wins. oracle needs to win another four in a row to maintain possession of the america's cup. the mountains year tahoe got a dusting the snow this weekend. the nshz says much as 4 inches fell in the sierra this weekend and there's -- there's still a slight chance of precipitation above 6,000 feet. many ski resorts hope this will turn into good news for their businesses later this winter. right now, some resorts have scheduled their opening date for late november.

despite this weekend's precipitation, 2013 is so far the driest year in bay area history. from january 1st through this weekend, less than 4 inches of rain has fallen and that's the lowest amount for this time period in recorded history dating back to the gold rush. officials say there's enough water in reservoirs for now, so there's no need to panic, if we don't get more rain, the reserve might not be enough to avoid mandatory water restrictions next summer. rain in the forecast for the week ahead. in fact, wall-to-wall sunshine outside our door doors. we made the cross over 20 minutes ago or so. we can see for yourself a live look from ktvu all the way into san francisco and beyond. the coast is clear this afternoon. and temperatures are running warmer. so right now, sunny skies it's a mild run out there. feels really good. by the afternoon, temperatures

will be several degrees warmer. i'm already seeing that in many cases. by midweek we're going to see changes here, breezy conditions expected over areas over the hills perhaps across the bay and those northerly winds will increase fire danger for the area. we'll be watching this. no advisory in place. nothing issued by the national weather service. but i by by wednesday the winds will pick up and it looks like thursday and friday could be a little breezy. in the meanwhile, we have nice weather in store. i do want to give you a look at the system that will be riding inland tuesday into wednesday. as it does, it will cool us down. it will be the culprit that brings on the winds. behind it we'll get the northerly breeze. 74 in walnut creek. 68 in oakland. 77 in san francisco. into redwood city, 67 and take a look at half moon bay. under mostly sunny skies. half moon bay enjoying 72 degrees right now. to the north we've got 76 in santa rosa. rur your extend -- your text

end -- your extended forecast, upper 70s to lower 80s. 80 for sonoma. low 80s in novato. 70s in sausalito with machines. hard to beat this weather. it's just gorgeous out there. upper 70s. walnut creek, 71 for san leandro and temperatures into the south bay a nice day for you. temperatures right about 77 for the second half of your afternoon. 76 sunnyvale. and a gorgeous day in santa cruz. 78 with the sun shining there. 77 redwood city, low 70s in downtown san francisco for the afternoon and we're looking at 60s along the coast for the second half of your afternoon with the continuing as well. the extended forecast here. notice today is the warmest day as we get into tomorrow. temperatures begin to cool off. the coolest day, wednesday with temperatures dropping back in the low 70s. low 60s along the coast. as i mentioned to you a little

while ago, we've got winds picking up by wednesday, perhaps thursday, and into friday and then as we get into the weekend, sunny skies. temperatures warming back in the low to mid-80s for our inland communities. perhaps near 80 around the bay and 70s for the coast. >> not too bad. >> thank you. pg&e is monitoring construction work in san bruno after catching a gas leak close to the site of the deadly 2010 fire. a crew from granite trhit a high- pressure gas line around 8:00 while working on a caltrain project. this is near san bruno and huntington avenues. that's about three miles from where the 2010 gas line exploded killing eight people. the line was capped around 1:00 this morning. granite said the area was cleared. the utility says the line was clearly marked. the investigation is underway as to why they hit the line. they did report it immediately and we're able to get a crew out here quickly to make sure

the situation is safe. no evacuations were ordered by caltrain service -- were ordered. caltrain's service was disrupted. a major announcement from blackberry and shaquille o'neal coming to northern california. we'll tell you why. [ female announcer ] life is full of compromises.

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washington. goldman sachs, nike and visa began to trade on the dow replacing alcoa, bank of america and hewlett-packard. the dow down 53. the nasdaq down 8. s&p down 7. the canadian smartphonemaker blackberry announced they are selling out to fairfax financial holdings. this puts the price tag at $4.7 billion. fairfax has 10% of the company's shares right now. fairfax's ceo says he plans to operate blackberry has a private company. s it what a record- -- it was a record-opening record for apple phones sell since the phones went on sale on friday.

the sacramento kings are set to make a big announcement about a former nba great, joining its ownership group. the kings will formally introduce shaquille o'neal tomorrow. he has acquired a minority stake in the team under its new owner. shaqer to month meanted the kings with the -- toremented the kings with his career with the lakers. he wants to stay in sacramento rather than move to seattle. changes are coming for disabled visitors at disneyland. starting oth 9th disabled guests won't be able to jump to the front of the line. instead, they will receive tickets with a return time and shorter wait, similar to the fast pass system. the changes are due to reported abuses for people with disability passes avoid long lines by charging a key to

accompany them on the rides. today at 5:00, continuing coverage on the tragic crash in contra costa county. a 12-year-old boy struck and killed while riding his bicycle near a school. we have a crew on the scene looking for more on the moments leading up to the accident. thank you for making ktvu your choice for news we'll tell you the next time news breaks. we're always here for you on ktvu.com and mobile ktvu.com. ñsxóxgñ

alex paen: right now we need your help to locate the many children and adults who are missing. [captioning made possible by telco productions, inc.]