>> think about it. >> sure. >> am i awake yet? >> you still have a day to go but great weather around the bay area. lots of sunshine again today. temperatures may cool just slightly. >> big news, bart trains are rolling. no strike for now. local transit looking good. more traffic coming up. >> big news all week. thank you. developing overnight, bart trains are running. both sides are ill negotiating. the marathon session began at 10 a.m. yesterday. there is still no contract agreement but the unions did promise last night to keep working today as negotiations continue. we'll have more on the bart labor situation in a minute. with hours to plan the congress passed a plan to avert debt default. president obama signed the bill into law. as susan mcginnis reports, there's still a lot of work to be done. reporter: federal employees

are heading back to work and barricades around washington memorials are coming down. just after midnight, president obama signed into law the bill that ends the 16-day government shutdown and raises the nation's debt limit to avoid a default. >> 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 last few weeks. >> reporter: the plan from senate leaders passed easily in the senate. >> shutting down the government was not a smart strategy and not the right direction and i hope we never do this again. >> reporter: but in the house, 144 republicans voted against the bill because it didn't do enough to limit the president's healthcare law. >> we fought the good fight. we just didn't win. >> reporter: the agreement funds the government for three months, raises the debt ceiling for four months, and calls for immediate long-term budget talks. >> nobody thinks it's going to be easy to get to a deal. but i will tell you i would not have fought so hard for so long to get in a room with chairman

ryan if i didn't think we could find common ground and work something out. >> reporter: the heads of the budget committees in the house and senate have 57 days to find a compromise. they begin negotiations this morning on capitol hill over breakfast. susan mcginnis, cbs news, washington. >> the budget deal also includes one change to the obama administration's healthcare reform program to avoid fraud. government will have to verify the income for anyone applying for federal assistance to purchase health insurance. look closely at the center of your screen. a woman described as a long- time house stenographer had to be removed from the chamber. she was yelling about the house being divided and at one point she yelled, praise be to god lord jesus christ. a stalemate and the government shutdown has taken a toll on the tea party popularity. a poll found 49% of the public viewing the tea party

unfavorably with 30% having a favorable view. in june, the gap was smaller 45- 37%. three years ago people had a more favorable impression of the tea party. senator ted cruz was a driving force behind the idea of not passing any budget plan without big changes to healthcare reform. the tea party favorite seems to remain popular in the lone star state. kpix 5's ken bastida discussed cruz with jack fink a reporter with ktvt in dallas. >> reporter: it's hard for to us gauge what's going on in texas. is he viewed as -- and this is in no mean a slight to him -- is he viewed as a wacko there or is he mainstream there? >> yes, people here in texas, the majority of the republicans do not like president obama. they do not like his administration. the question here for

republicans in texas these days is: are you conservative enough? no elected republican that i have heard has ever criticized senator cruz. the grassroots loves him and they are the people who go out and vote in the primaries. >> interesting stuff. jack fink from our sister station in dallas, texas, thank you, jack. >> the tea party suffered a big defeat in new jersey last night. cory booker the democratic mayor of newark, new jersey won a special u.s. senate election. he beat tea party backed republican steve lon began by more than a 10-point margin. special election became necessary when long-time senator frank lautenberg died in june. and almost as soon as the debt deal came down people started lining up of course for alcatraz. small crowd waited along the embarcadero to buy tickets for the rock late yesterday afternoon. >> we pulled over just to take a look at the pamphlets and the gentleman said i think we are going to be open and we saw the

news vans. something is going on. here we are booking. >> alcatraz tours resume today. and visitor centers and campgrounds were reopened at yosemite national park. roads, public areas and the rest of the park old up on yesterday. bart leaders and union workers have been up all night negotiating a contract deal since 10 a.m. yesterday. the trains are operating right now. at about 10:30 last night the unions decided to keep working today. >> negotiations have been continuing. the parties are totally engage. some progress has been made. and the parties have authorized me as they had on the two prior nights to advise that on their interests and for the good of the public interest, trains will be running for the day tomorrow. >> it was the fourth night in a row that passengers had to wait until late to learn if they would have to find a different way to get around today. governor brown put the ac transit strike on hold.

he appointed a panel to investigate the strike threat and report back to him within 7 days. after that, the governor will make the call whether to issue that 60-day cooling-off period. >> obviously we're very gratified to hear that, very relieved for our riders particularly the 30,000 schoolchildren who tomorrow would have had to try to find some alternative form of transportation. >> hopefully, it will give us time to sit down with the district and maybe able to come up with a contract that members can live with. >> during that time, ac transit cannot strike. the big issues are over medical benefits, and safety issues. 4:36. let's check the weather. you said it was going to be nice and it was beautiful. >> gorgeous all around the bay area. it looks like another nice day. >> he was right! >> you sound shocked. [ laughter ] >> michelle is like, i couldn't believe it! >> worked out well. [ laughter ] >> another nice day today too. but temperatures may come down just a few degrees as high pressure starts to weaken somewhat. we are going to see some nice

fall sunshine outside a few passing high clouds as a weak system rolled over the top of that ridge that weakened it somewhat. we may see a couple of passing high clouds outside today but i think other than that a whole lot of sunshine again. and the temperatures will drop off a couple of degrees. not as cold overnight because we have seen a little more moisture in the atmosphere. temperatures in the 40s and the 50s. i think the sea breeze going to kick in stronger coastside today so we'll see some 60s and low 70s toward the beaches, still could see 75 degrees before the winds kick in, in san francisco and about 81 degrees in livermore. all right. let's check out your "kcbs traffic" with liza battalones. >> no strike on bart for now and no delays on the system. all local transit looking good so far this morning. as we check on the bay bridge commute westbound traffic is fine leaving oakland heading into the city. there is roadwork. caltrans has been out there overnight in both directions of the bay bridge. they have shut down a couple lanes and they will be closed

until 6:00 this morning. san mateo bridge looking good. westbound traffic fine approaching the toll plaza. chp says no accidents, no major traffic tie-ups. and if you are heading for the dublin interchange, it's early yet so still lots of room for westbound 580 approaching 680. that's a look at "kcbs traffic." now to michelle. >> thank you. it was a sudden detour for passengers on an alaska airlines flight from san jose to hawaii the plane had to make an emergency landing at oakland international after the pilots felt a vibration in an engine. they believed they had hit a bird. as kpix 5's kiet do reports, those feathered hazards are a growing concern at mineta international airport. >> reporter: they are pretty sure it was a bird that got sucked into the turbines and damaged the blades. crews found feathers and other bits on the tarmac at san jose. >> this one had appeared did hit the engine. so, you know, the remains were rather unidentifiable. >> reporter: pretty mangled up? >> yeah. >> reporter: it could have been

a seagull but it was likely a migrating red-tailed hawk. san jose mineta has had 57 bird strikes from 2003 to 2012. that's up 50% over the previous decade. the airport has hired a biologist who has been scaring the birds away and eliminating their food source. she recently got permission to shoot the birds as a last resort. do you think that's more of an option now shooting the birds given today's incident? >> not any more than yesterday. you know, it's sustained. we still take all the same precautions, still follow the same procedures. >> one time my copilot had to hand the airplane to me because he couldn't see out his windshield from the bird splattered all over his windshield. >> reporter: this pilot says killing birds would cause a rabbit population to boom and planes would start running over rabbits. >> one extreme is ultimate safety where you kill everything and the other where you do nothing where there's so many that you hit them. we have to live with mother

nature and adapt within the confines of being reasonable people. >> reporter: kiet do, kpix 5. >> one of the bay area's oldest traditions is in danger of becoming history now. downtown san jose's veterans day parade has been held every year since 1919. it's one of the biggest in the nation. but organizers say the 95th parade next month could be the very last. they are losing grant money and private funding. >> the police department runs any from $13,000 to $14,000. and it runs us close to $100,000 a year. so what i want to try to do, being an 88 years old, the younger generation aren't interested in parades. >> organizers are launching a save the parade effort to try to raise $500,000 to keep it going for five years. time now 4:40. bay area cops bust an identity theft ring. the surprisingly simple items

found during the raid and who helped police make the bust. >> we have a breakfast battle brewing. why mothers are lashing out at the makers of cheerios. ,,,,,,,,,,,,,,

that hit the philippines on tuesday. the shaking destro incredible new video of the powerful 7.2 earthquake that hit the philippines on tuesday. the shaking destroyed that bell tower of the church. bricks debris, it all came crashing down on visitors below. the 16th century church is the oldest in the country and nearly 150 people have died. three people are under arrest for suspected identity theft ring run out of two hotels in benicia. joe vazquez reports it was a cleaning lady who busted the case wide open. >> reporter: this is what police say the housekeeper found, stacks of stolen credit cards, equipment used to steal people's identities, ranging from laptop computers to a high quality printer, credit card readers, even white-out.

>> i don't know how they were using their white-out, but from all the items that i observed, they appeared very sophisticated, high-tech in a manner that they were trying to wash the checks. and obviously, reissue them to fraudulent people. >> reporter: best western management locked the stuff away and for several days police say the criminals kept going back to the front desk trying to retrieve their stuff but each time they didn't have the proper identification so the hotel staff refused to give it to them. >> about a week later so we get a call from the hotel staff saying that one of the involved parties from the previous week had responded back to the hotel in an attempt to collect the property we had taken from the hotel room. they were able to surreptitiously call the police department. we responded and that's when it started to unravel. >> reporter: the investigation led police to a second hotel, the holiday inn express three miles away where they believe more members of the ring were

working. now under arrest are 26-year- old martisha munoz who also happened to be wanted on felony theft and robbery warrants; 30- year-old melinda collins and 41- year-old kehsan branch a parolee accused of kicking a police officer during his arrest. joe vazquez, kpix 5. >> police arrested a woman at the same hotel back in may for identity theft. unclear, though, if the devices are related. 241 people were nabbed yesterday 25 cited in the bay area for illegally using disabled placards. it's a misdemeanor and carries fines up to $3,500. 4:45. a little check of traffic and weather. boy, what a beautiful day. >> everybody is liking me the last couple of days. . >> temperatures are cooler, but

fantastic weather even at the coastline even though the sea breeze will kick in and numbers will cool off. we have high pressure overhead but beginning to weakened a little bit. clouds floating through a weak system that will kick up the sea breeze later today and cool down our temperatures. still plenty of beautiful autumn sunshine around the bay area not only today but i think as we head in toward the coastline weekend. sunshine today and cooler temperatures as the temperature breaks down a little bit. sea breeze this afternoon will cool temperatures down at the coast. still looking at beautiful 72 degrees in monterey, 84 in ukiah, getting mostly cloudy skies though in eureka at 61. and 83 degrees in sacramento. looks like the clouds still looking for 'em, you will see some of them moving along the coastline the next couple of days so that's a sign as the ridge breaks down. still plenty of sunshine and mostly sunny toward the

afternoon today. 79 san jose. 76 milpitas. 69 pacifica. low 80s in the interior valleys. inside the bay the sea breeze kicks in earlier so about 75 degrees in san francisco. next couple of days, looks like we'll start to warm up slightly on friday and saturday. cooling back down on sunday but staying dry the next five to seven days. all right. let's check your "kcbs traffic" with liza battalones. >> hey there, lawrence. good morning, everybody. we are going to start off once again with local transit where bart is running on time. there is bart service this morning. no strike and no delays reported for any of our local transit system. outside checking on the nimitz, there is construction. caltrans has set up shop in the southbound direction of 880 approaching hegenberger. and they will be out there for the next 10 to 15 minutes. the bay bridge commute still very light. it's early yet. so it's wide open at the toll plaza. metering lights are still off. all the other bridges also looking good including the san mateo bridge. we didn't have any major roadwork overnight for highway 92. so good shape leaving hayward bound for foster city. you will see some backups this

morning leaving the altamont pass. so west 580 already slow from the 205 interchange. it breaks loose once you head through the livermore valley approaching here where light traffic stays with you at the dublin interchange. that's a look at "kcbs traffic." 4:48 now. california state prisons are apparently not doing a very good job of policing themselves. the state inspector-general says the quality of internal investigations has been slipping ever since a federal judge stopped supervising the prisons some two years ago. the report comes as governor brown tries to convince the federal government the state prison system no longer needs court oversight. lieutenant governor gavin newsom is heading up a panel to study what would happen if recreational marijuana is legalized in california. the focus will be on legal and policy issues regularring and taxing marijuana. a fight over a favorite breakfast food. kpix 5 consumerwatch reporter julie watts explains why an environmental group wants

cheerios to change its recipe. reporter: it's the breakfast of choice for millions of americans. but dr. michelle perro isn't crazy about cheerios. >> it contains genetically modified organisms. >> reporter: the pediatrician is helping lead a campaign to convince general mills to remove genetically altered ingredients from the american version of cheerios. sold in europe, they are almost gmo-free. >> we're say why. why that difference? >> reporter: well, labeling laws in europe require products with gmos to say so right on the box. a measure that would have required the same disclosure here was defeated last year. >> i don't think that we should be just feeding any gmo products especially to babies. >> reporter: but does the science back that up? well, dr. perro and others behind the new campaign called deception at general mills say yes. >> we have a lots of clinical research showing us there profound health effects in animals fed gmos. >> reporter: many scientists say more long-term testing on

the safety of gmos is needed but general mills and the u.s. department of agriculture insist foods containing gmos are safe. so why cheerios and why now? >> we're looking at cheerios because it's often the first food that's introduced to babies. >> reporter: and because supporters of the movement hope by targeting the popular food they will give america something to chew on. >> she loves cheerios. >> i was raised on cheerios as well as my parents. we're all doing fine. >> julie watts, kpix 5. >> general mills says it already sells a gmo-free version of cheerios in the u.s. under its cascadian farms brand. if you have ever polished off an entire box of oreos, which i have -- >> maybe last week. >> -- don't feel guilty. it's not your fault. >> they are just as addictive as cocaine or morphine at least in lab rats. in the study rats were given oreos and it showed the addictiveness of high fat and sugar foods. the study also found just like most humans, rats go for the

cream filling first because they are smart like us. >> of course. you know, oreos are my weakness. >> if you polished off a whole bag, i guess -- >> i can do it. 4:51. the owner of the dallas mavericks wins in a different type of court. why he says he was the target of an insider trading investigation. >> and an amazing light show from a bus-sized meteor. the giant souvenir left behind at the bottom of a russian lake coming up. ,, ,,,,,,,,,,,,,,,,

let's check out your microclimate for example. expect sunny skies in fremont, temperature of 77 degrees. >> and there is bart service this morning.

no delays for bart trains. they are running on a normal weekday schedule as well as the ferry, caltrain and ace. i'll have more thursday traffic coming up. russian scientists have found a meteorite that landed there in february. look at the size. scientists found it in the bottom of a lake about 42 feet deep. they believe it may be the main part of the meteor. they had to use a special scale to weigh it. it clocked in at more than 1200 pounds before breaking. >> lawrence says that's where it's -- >> a lot of money? >> yes. >> a lot of do re mi. facebook is changing its policy for teenaged users now. now teens will be able to share their posts with anybody on the network. until now, they have been limited to sharing only with their own friends or friends of friends. teens who switch their settings will get a warning though that they are exposing themselves to a much broader audience. apple is reportedly cutting back on orders for the iphone

5c the cheaper model iphone that comes in five different colors. a struggle to gain traction against the premium phone, the 5s is outselling it by 2:1. stocks are higher on news of an agreement in washington. stone with reaction to the end of the crisis over the debt ceiling and government shutdown. reporter: with the government back open and the deal to raise the debt ceiling, wall street can turn its attention back to basics. the shutdown delayed the september jobs report and it could be released tomorrow. but this morning, the labor department will release its weekly jobless claims numbers. one big question investors will focus on is how much has the partial government shutdown hurt the economy? standard & poor's estimates it had a $24 billion impact. yesterday wall street breathed a sigh of relief on news the crisis was averted. the dow was up 205, nasdaq

climbing 45. jpmorgan chase is expected to pay another $100 million fine for the trading incident now known as the london whale episode. the company's total penalties from the case topped $1 billion. that's on top of the trading losses morgan incurred. an estimated 6.2 billion. after an investigation into market manipulation, jpmorgan chase admits a group of london traders acted recklessly. and a slam-dunk for dallas mavericks owner mark cuban in a different kind of court. a dallas federal jury cleared the billionaire of insider trading. the issue was whether he sold his stake in an internet company after learning some confidential information. cuban says he was targeted by the fcc because of his fame. that's your moneywatch. for the latest business news follow me on twitter #gigistonetv. it is 4:56. coming up the government shutdown finally over for now. how soon your favorite bay area attractions could re-open. >> and there is no bart strike today and the parties continue

to negotiate. they have been at it all night long. we have an update for you coming up next. ,, ,,,,,,,,,,,,,,

we have traveled in developing countries and there have been interruptions and government things interfering with your plans but, yeah, not here. >> the government shutdown is finally over. the debt ceiling has been raised and alcatraz and other national parks across the country are back open. >> some progress has been made. and the parties have authorized me as they had on the two prior nights to advise that on their interests and for the good of the public interests, trains will be running for the day. >> the trains are running and negotiations are still going. bart and the unions are inching closer and closer to a deal. >> hopefully it give us time to sit down with the district and maybe they will come up with a contract that the members can live with. >> ac transit workers will be

on the job today while a three- member panel investigates the ongoing talks for the next week. from across the bay to around the world, the stories that matter on "kpix 5 news this morning." captions by: caption colorado comments@captioncolorado.com >> your realtime captioner is mrs. linda m. macdonald. good morning. it's thursday, october 17. i'm michelle griego. >> hi, everyone. i'm frank mallicoat. 5:00 right now. >> yeah. let's get a check on weather and traffic. first with lawrence. >> good morning. not as cold around the bay area to start out the day today. we had a weak system move through late yesterday and overnight so that's brought with it a little more moisture outside the atmosphere and held temperatures up a couple of degrees. still we are looking at slightly cooler temperatures throughout the bay area this afternoon but a very nice day. we are going to see a whole lot of sunshine. see that weak system sliding through the clouds. that's moving out. lots of sunshine coming our way as we head throughout the day. the sea breeze likely to kick up earlier. still 43 degrees and cool in santa rosa. 50 in san jose. and 55 in san francisco this afternoon. low 80s inla