on the verge of not one but two possible public transit strikes for the bay area. the latest on the b.a.r.t. contract negotiations and the other agency still feuding with its union. san francisco's fleet week is expected to look a lot different this year. big events that we'll be missing but the new festivities that merchants hope will still draw a crowd.

the clock is ticking toward another possible b.a.r.t. strike with time running out. we're just over a week away from the october 10th deadline when the governor's coolingoff period expires. brian flores is live to explain why this is a big day in negotiations. >> reporter: good afternoon, tori. we're hearing from both sides this afternoon that they are closer than ever to reaching an agreement since the coolingoff period began. still both sides remain heated. with only days left until a possible b.a.r.t. strike. both sides are meeting again today to hash out an agreement. this time for what's being characterized as the three big sticking points. wages, pensions and healthcare. we heard from the unions and b.a.r.t. management and they say they are closer than they were at the coolingoff period. according to the unions, they

are $40 million apart. >> they show the numbers are way off. they vary wildly. they said they had a $310 million projected deficit for the next ten years. when they subtracted $12, they -- $112 million, they came up with 340. >> reporter: the unions would not go into specifics on a three-year counteroffer on the table from yesterday. but b.a.r.t. management says their current offer is a one-time contribution each other and a cap on pay. they say thomas hock wracked up airfare and high-priced meals. >> we're accountable to the public. we take a look at what's been submitted and we make sure it's meeting all of the criteria. the criteria, alcohol is not reimbursable, first-class

airfare is not reimbursable. >> reporter: while both said say they are closer, the mudslinging continues. leaders not knowing what will happen in the next few days. the coolingoff period ends at 12:00 a.m. governor brown says the state will not step in for a second time. brian flores, ktvu channel 2 news. caldecott tunnel has learned that -- ktvu channel 2 news has learned that a.c. transit rejected a proposal. workers voted on the offer that calls for a 9.9% pay raise over three years and lower healthcare contributions. a.c. transit employees turned down the previous proposal in august. they are the bay area's third largest public transit system, carrying about 180,000 people each day. the shutdown of the federal government is in its second full day with few signs it will end soon. president obama invited john boehner, nancy pelosi, harry reid and mitch mcconnell to the white house this afternoon at

2:30 our time. he's expected to urge republicans to pass a bill to fund the government that does not contain provisions defunding his healthcare plan. house speaker john boehner's office said "we're pleased the president finally recognizes that his refusal to negotiate is indefirefightersible" -- indefensible." barbara bockers said boehner should allow an or down vote on a clean bill, not provisions with defunding the healthcare bill. >> he has no parliament -- he has no parliamentary impediments. he could do it five minutes. will he do it? you have to ask him. fleet week will be missing a few major attractions next week but some san francisco

merchants hope to fill the gap with fireworks. the annual celebration begins next week but you will not see the blue angels or the parade of ships. they were both canceled by federal budget cuts earlier this year. instead the merchants decided to expand a 35th anniversary celebration for the wharf into four saturdays of fireworks and other festivities. >> it just kind of all came together where fleet week is not happening. we decided rather than doing fireworks on one saturday night, we would do it on four consecutive nights. >> the fireworks lead up to the first wharf fest on october 26th. there will be face painting, a chowder competition and live music. go to ktvu.com to learn about other programs affected by the government shutdown. look for links under the hot topics section. a man accused of killing a

san francisco state student was in court. he faces charges in the death of 20-year-old justin valdez. claudine wong was in court and joins us live to let us know what happened. good afternoon, claudine. >> reporter: good afternoon. 30-year-old nick showed no emotion we could see when he was formally charged in this courtroom. at this point it's still unclear why this happened but prosecutors say it's very clear who is responsible. it's hard to hear him. but that's 30-year-old nick as he pled not guilty to charges that he killed 20-year-old justin valdez. the judge would only allow our cameras to show the back of his head as he stood at this morning's arraignment. prosecutors say he killed valdez at ran tom. >> he was on the hunt for at least an hour and 15 minutes, in the intwum between the -- interim between the time he stuck the gun in the back of one young man but didn't have

the courage to pull the trigger and the time he killed mr. valdez. he showed up at a t. this ai restaurant and -- at a thai restaurant and was waving the gun around. >> we just received the case. we're gonna be looking through it and we're gonna be investigating. >> reporter: but prosecutors told the judge they already know his story because they have part of it on video. prosecutors say this was random. the two were strangers. two people who by chance ended up getting on that train together for a wide that lasted just about ten minutes. the victim, a young man, who was simply trying to get off the train, when they say he raised his gun and killed him without ever saying a word. in fact, the only person they say you hear is the victim. >> he screamed somebody help me. >> reporter: so everyone will be back in court on november 20th. prosecutors arced for no bail -- argued for no bail and got

it. they say letting this defendant go at any amount would be giving him an opportunity to find another victim. live in san francisco, claudine wong, ktvu channel 2 news. >> thank you. the fbi says it has shut down and underground website and arrested a man. the regularred operator is set to appear in court -- alleged operator is set to appear in court yesterday. etch was arrested in a san francisco -- he was arrested in a san francisco library. they say the site had thousands of listings for illegal drugs and offered other contraband including fake i.d.s and pornography. san francisco police are investigating what appears to be an uptick in smash-and-grab robberies. icebreaker was hit last night. alarms went off. when police arrived, they found a window smashed. one man told us he noticed the

marmotu store across the street was hit. >> i had come over in the morning twice and both the side panels had been knocked out at different times. >> police say a walgreens pharmacy had their windows brokablen -- broken. after 25 years, the case of a missing 7-year-old from pinole is now reopened. amber swartz disappeared from the front yard of her family's home in 1988. police closed the case 11 years later after convicted murderer, anderson, confessed to her murder. her body was never found. anderson died a month after his confession. they say this deserves a fresh set of eyes and it's welcomed news to amber's mother. >> i think they just said to themselves this was my child, i wouldn't want this to happen.

i would want my child back in whatever case that is. >> pinole police say they belief it's important to reopen the case. they emthat size there's no -- emphasize there's no evidence to cop tra dict -- contradict anderson's confession. the archdiocese held what they call a blue mass this morning. ♪ >> service focused on police officer, firefighters and other first responders from alameda and contra costa counties. held at the cathedral in oakland, the mass included a memorial for first responders who have die. this is the first time -- have died. this is the first time the archdiocese has held a blue mass. >> reporter: the battle to bring the as to san jose will be hashed out in federal court. we'll tell you why city leaders are feeling confident about their chances against major league baseball. fire danger in the forecast, ktvu meteorologist steve paulson will tell you when and where you are expect

it. why one of the first responding firefighters on the scene at the asiana plane crash at sfo could face charges. blam

the battle to bring the as to san jose will be heard in federal court soon. the city is suing mlb but on

friday, a judge will hear an argument to try to squash the city's chances of getting the as to move. janine de la vega joins us from san jose to explain. good afternoon, janine. >> reporter: at city hall, leaders are feeling confident that a federal judge will throw out and deny major league baseball requests to throw out the city's lawsuit. san jose filed an anti-trust lawsuit. currently an mlb team cannot move to another city or state unless the league approves it. the san francisco giants have ter toerlly -- territorial rights. san jose has already put in time planning the proposed stadium and has secured land for it. but cannot go forward until the mlb or the courts respond.

>> every sports team manages to get along without a special requirement from the anti-trust laws except for mlb. the time is ripe for courts to take a hard look at this and try to understand why is it that these billionaires think they are different from the rest of us. >> reporter: lew wolff has supported the team's move to san jose. because he's part of the team, he's been sued by the city as well. san jose leaders say they would not be surprised if the federal judge listens to arguments on -- made by both sides on friday and take it under advisement before ruling. it could drag on for weeks and months. either way, the lawsuit is being funded privately. there's no cost to tax payers. the city says they will continue to litigate this through the courts. reporting live from san jose, janine de la vega, ktvu channel 2 news. >> the legal fight comes as the city of oakland announces plans

to keep the team and gears up for the postseason. >> who is ready for the playoffs! [ cheers ] >> during yesterday's playoff rally, city leaders made an announcement that could make the dreams of a coliseum city a reality. the city said it's found a deep pocketed investors to back a plan to expand the current site toward the airport and build three pro stadiums for the as, raiders and warriors. the first game for the american league div vis is scheduled here at 6:37 against the tigers. the first pitch of game 2 is at 6:07 on saturday evening. the teams head to detroit for games three and four. if necessary, team five is in oakland. the winner advances to the american league championship series which will be broadcast right here on ktvu. new details regarding fallout from the deadly asiana crash at sfo. the san mateo county district attorney is considering charges

against the firefighter accused of running over one of the crash victims. the county coroner determined the 16-year-old girl survived the crash but was then run over and killed by a fire truck on the runway. prosecutors are trying to determine whether the veteran firefighter broke any laws or if it was an accident. a fed-ex plane with a hydraulic problem landed safely at oakland international airport early this morning. according to the airport's spokesman. , the pilots -- spokesman, the pilots became aware of a problem after taking off from dallas. they landed the plane at 4:30 safely. but they had to be towed off the -- runway. two people were hurt after a collision between a muni light railcar and a car at 10:30 at third and king streets just outside of at&t park. a muni spokesperson says the car turned left in front of an

j-judah and was hit. the two people hurt inside the car, one was taken to the hospital with non-life- threatening injuries. no one on the muni train was hurt. a prayer shrine in the attic of a san jose home is believed to be the cause of a house fire this morning. firefighters arrived at the scene on delmas avenue around 3:35 a.m. after a 911 call from the homeowner. crews saw flames in the upstairs window and had the fire out in 20 minutes. the man who lives there and three adult relatives got out okay. the homeowner talked to us about the prayer room. >> we put light in that room. and pray over there. that's a prayer place, you know, small prayer place. privacy. >> the home sustained damage but is livable. but firefighters noticed there were no working smoke detectors

and installed some before they left. all classes at uc berkeley resumed after power was knocked out to nearly a dozen buildings monday night. investigators say copper cable stolen from a substation caused an explosion across the entire campus. five people suffered minor injuries. crews have been working around the clock to restore power. police are still looking for the copper thieves. for three minutes sirens blasted along the san mateo coast this morning. [ sirens ] >> it was all part of a test of the newly refurbished sirens. they were installed from pescadero to pacifica seven years ago. over the past two months, they were upgraded to include voice announcements in addition to the warning tones.

well, a beautiful day. not only at the coast but also inland. everybody is in the same ballpark. had a lot of lie clouds -- high clouds. they've cleared out and are gone. san jose, blue sky there. temperatures starting to warm up. a lot of upper 60s, low 70s. started out with 40s and 50s. there's only a tiny patch of fog down in monterey bay. sunny, nice to warm. breezy and warmer as we tart to see -- start to see more of a northerly breeze and then the weekend looks sunny and nice to warm. it looks like a stretch of dry weather. there go the higher clouds. they accelerated rapidly. fire danger will go up starting tomorrow. we'll have warm temperatures in that north-northeast wind. north and northeast hills down to the santa cruz mountains. again, this will be tomorrow when it kicks in. the national weather service will probably issue that later this afternoon. a lot of sunshine here except a patch or two of fog.

we'll probably see a little bit of that but all signs point towards sunshine and temperatures. this area is giving seattle and portland is diving towards salt lake city. we'll be caught between. and the result will be an increase in the north wind. temperatures will be warming up. had 40s for some. 30s in the mountains. livermore 73. fairfield, 74. 59 half moon bay. 66 oakland. 72 santa rosa and also novato. temperatures on their way to the upper 7 foss a few -- 70s for a few. not much of a breeze. generally less than 10 miles an hour. sfo, northwest at 13. the trend is to turn northeast by tomorrow night. weet had some mostly cloudy skies -- we had some mostly cloudy skies beautiful sunshine. it's all sunshine and warmer. the high pressure builds in, that will give us a warmer pattern, not too blazing. we'll see upper 80s. today it's sunshine. mild to warm.

a lighter breeze. maybe a little bit on the coast or parts around sfo. you might pick up stronger. 60s, 70s, right about at 80. the temperature will be on a slow climb. if you enjoy warmer weather, we do not expect any howling offshore event. but any time you get one, that means even the coast will be warming up. temperatures patchy fog, that will be it. sunshine and warm weather take us right into your weekend. >> all right. sounds good. thank you. >> any time. one of america's best-known suspense riders has died. some clancy was 66 years old -- tom clancy was 66 years old. some of his books have been made into movies, including "patriot games" clear and present danger." his 17th novel is due out in december. the cause of death is unknown. who has the biggest stash of cash? the bay area company said to have more money set aside than any other company in the nation. and what the new owner of

san francisco's oldest footrace will do to improve it.

stocks are lower. this morning's jobs report may be the only news investors get on hiring this week because the labor department will postpone the release of its september job survey scheduled for friday if the government shutdown goes beyond today. taking a live look at the big

board, the dow is down 91. the nasdaq is down 10. s&p down 5. a new report says apple has the biggest stash of cash of any u.s. economy. moody's investors says apple has $147 billion hoarded away. that represents 10% of all cash held by u.s. corporations. microsoft has the second largest cash holding but it's less than half of the size of apple's stash. three of microsoft's top 20 investors are pushing for co- founder bill gates to step down as chairman. gates has been under pressure to improve the company's performance. gates who is still the shareholder is not commenting. san francisco's oldest footrace has a new owner. he's working on keeping the beta breakers fun and clean. casey wasserman plans to meet with long-time race participants, neighbors and city officials to hear their

hout thoughts. he says there needs to be security, cleanup and post race improvements to keep people safe. a parking spot in san francisco became a hotter commodity. the new rules and learned when we crunched the numbers. that story at 5:00. thank you for making ktvu your choice for news. we'll see you the next time news breaks.

>> coming next, helping various abandoned animals. plus, a moose is stuck in an icy trap. can the animal be saved? this is "animal rescue." [captioning made possible by telco productions, inc.]