that's well above the average. 76 in san jose. back to you. >> thank you. >>> developing right now at 6:00 a police officer killed a man armed with a pipe in union city. officers were reporting to a neighborhood disturbance on saturn way last night. police say the man was on parole for resisting an officer and threatened officers with the pipe. one officer opened fire. the man died at the hospital. >>> ntsb investigators will return back to walnut creek today to reenact the deadly accident that and on the bart tracks over the weekend. two workers were killed on saturday. today investigators hope to learn whether the workers saw the train approaching. investigators say there was a warning that workers were on the tracks and they think the operator heard that warning. >> our preliminary information is gentlemen there was an announcement and yes, they were aware that there were people on the tracks. >> bart employee being trained because of the strike was operating the train that hit the two men. the trainee was at the controls but i

and in san jose, 77. look ahead, there's not a drop of rain in sight but the numbers do come up this weekend and that is going to lead to high fire danger. we'll cover all that in a minute. but the weather in terms of our indian summer, it is rolling right along. the government, on the other hand, shut down. frank? >> good segue, right now the federal government's partial shutdown is in its third day and all sides suggest nothing is going to get solved today. a meeting did not lead to a solution. cbs' susan mcginnis reports. >>> reporter: congressional leaders left the white house last night without a deal to end the government shutdown, now entering its third day. >> it's all focused on obamacare. that's all it's about. >> reporter: a new cbs news poll shows 72% of those polled disagree with shutting down the government over the affordable care act. with more americans blaming the gop for the impasse than the president and senate democrats. but house republicans are standing their ground saying any new b

you have mostly clear skies there down to 41 degrees in santa rose. 52 in san jose. and 49 degrees in livermore. now, that patchy fog a little thick dense at the coastline that should give way to mostly sunny skies inside the bay and mild temperatures maybe warmer in the valleys. and it should be a beautiful weekend around the bay area. going to see plenty of sunshine after patchy fog. so high pressure overhead now more of a sea breeze down below so that's going to cool down the temperatures at the beaches. still going to be very nice inland. you will see 80s there even into monterey bay becoming mostly sunny and 72 degrees. 73 degrees in yosemite. 58 degrees in redding. that patchy fog going to try and break up. 85 degrees in redding. patchy fog at the coastline all day and may see that return overnight tonight and into tomorrow morning. so with that in mind, still should be a very nice day. about 80 degrees and sunny in san jose. 76 in fremont. 74 breezy in hayward by the afternoon. and 60s toward the coastline. east bay numbers running up into the 70s and also the

down to 38 in santa rosa. 50 in san jose and 48 in livermore. by the afternoon, we are enjoying sunshine. 79 in san jose. and 76 in milpitas. the east bay temperature s running into the 80s. as you head inside the day, what a beautiful day in san francisco. 77 degrees there. and 70s out at the coast. that's a look at weather, back to you. >> thank you. new this morning, one person has died following a triple shooting in san francisco's haze valley. three people were shot last night in the 400 block of rose street. one of them died overnight. police are looking to identify the gunman. firefighters are mopping up after a barn fire. you are looking at pictures from the fire department. broke out before 11:00 last night. took firefighters two hours to knockout the flames. >> senate leaders have a plan to end the budget. left the government partially closed for 15 days. harry reed and mitch mcconnel will reopen a compromise. also raise the debt ceiling through mid-february. >> i think it's safe to say we've made substantial progress and we look forwa

we'll hit 77 in san jose. and 78 in napa. extended forecast, we don't see a drop of rain as far as the eye can see but we'll show you all that in a few minutes. >>> first a bent metal update. here's elizabeth. >> we just got off the phone with chp. there's one accident that we have had, it's now clear out of lanes. so yeah, overall off to a good start. this is the accident in campbell. southbound 17 in campbell all lanes open. westbound 580 sluggish in the eastbound direction, actually westbound is looking good actually, eastbound is slow. and for silicon valley, this is 880/237. so far problem-free out of milpitas on that 237 route towards 101 in sunnyvale. bart has ramped up trains now more than 30 and they are all on time. that's traffic. back to you. >> thank you. >>> it's day 3 of the u.s. government's partial shutdown. thousands of federal workers are waiting for the budget battle to end so they can get back to work and get paid, as cbs reporter susan mcginnis reports, a meeting between president obama and congressional

in san jose, kiet do, kpix 5. >> and if convicted of the illegal possession of an assault weapon, smith could face up to four years and four months in jail. >>> bart's cooling-off period ends tonight and commuters are not happy there could be another strike. the new kpix 5 exclusive poll finds people in the bay area think enough, already. our kpix 5/surveyusa poll finds three-quarters of bay area adults oppose a strike by union workers. kpix 5's christin ayers says, that's not all. the majority of people are so fed up, them a new law. >>> reporter: with the haggling continuing into the night, commuters are tense, torn and at the mercy of a looming bart strike. our exclusive kpix 5/surveyusa poll found that 44% of responders think bart management has made a better case than the unions. what's more, 53% of those surveyed think california law needs to change to ban transit strikes altogether. >> obviously, as a commuter, it's inconvenient and it's putting a damper on my commute. >> the powers to shut down transportation really cripple a city, it seems to be out of step. >> reporter: such b

the chiefs win, 7-0 undefeated. >>> san jose earthquakes need a win to make the play-offs. last chance for wondolowski. game ends in a tie against l.a. so the earthquakes are eliminated from making the play- offs. that's it everybody. i'm dennis o'donnell. see you tonight. >>> play of the day. we are going to take you back to football. watch the punt on the 19-yard line. avoid one defender there. backtrack a little bit. and then he is going to hit the freeway some 81 yards for the touchdown. tied with deion sanders for the all time nfl record of returns. the bears lost to the redskins in washington 45-41 in a big shootout. >> he just kept going. >>> los gatos mom amy was among the runners at the women's nike marathon. we introduced you to her here on kpix 5 friday morning. she couldn't run the entire marathon because she is battling a rare form of cancer. she did run the last 4.2 miles of the race four for the rounds of chemo she had and two for the rounds she has left. >> each round of chemo is kind of like another mile marker. so in a sense, it's kind of training for the

forecasted high, 50 to low 60s, 56 in san francisco. 62 degrees in san jose. these temperatures are about 10 degrees below average this time of year. not crazy. feeling cooler than usual outside. the cold weather sticks around through tomorrow. a slight warmup by the end of the workweek in before we cool down for the weekend. a quick look at our cool school. a cool school day. literally. in more ways than one, 50s, 60s by the final bell. if you want to be part of our future school cast, nominate your school at kpix.com/schoolaccounts. >> they will be wearing sweaters. >> they will. >> maybe an umbrella. >> thank you. >>> time for a look at what's coming up later. >> charlie rose joins live from new york. >> good morning. also to michelle. ahead new fallout from obama care. jane crawford is looking into insurance companies booting people from their current plans. only providing new options that cost up to 10 times more. plus soaring holiday air fares. greenburg on what destinations are most affected, where you may see cheaper prices. dr. ruth writes a letter wi

won of 5 san jose goals. they beat the senators 5-2. the sharks have the most points in the nhl as they collected their 10th win of the season. that's it, everybody. don't forget, know frank won't, another world series game tonight. have a great day. >>> don't look like a frank. >> go back to london for play of the day. look closely. they are out of order. the r and the second a are in each other's places. so the flags fell. >> dagurez. >> maybe should try that. >> that is play of the d-a-y. >> they got some coverage. >>> the justice department is responding to complaints. says rainwater is considered a pollutant. the runoff from the car crashes -- car crashes are over grassy areas as long as no soapy water goes into storm drains. >>> the price of milk might be costing more. members of the house, senate will be debating renewal of the farm bill. the food stamp program a sensitive issue with election year politics around the corner. if the bill does not pass, expect the cost of dairy, milk products to increase. >>> new this morning, the

prosecutors say shirakawa conjured up to discredit a san jose city council candidate. shirakawa has already pleaded guilty to stealing public funds. he says he was fueled by gambling addiction. he's scheduled to be sentenced in november. >>> south bay man pleaded no contest to charges he threatened state senator leland lee. prosecutors say everyett batcham was angry about attempts to ban assault weapons. he sent him a threatening e-mail, and when police went to basham's santa clara home, they found bomb-making materials and illegal weapons. basham faces up to ten years in jail. >>> and marjorie reitzell is due to be arraigned today for the deaths of two people in menlo park last week. 54-year-old redwood city woman couldn't make it to court yesterday because she was in the medical ward at the san mateo county jail. she is charged with killing kamal and sing as they walked their dog along the street thursday evening. leave behind three teenage children. reitzell is on probation for a drunk-driving. one year ago today, superstorm sandy hit the east coast leaving behind a

low 70s in san jose and santa rosa. the extended forecast calls for a string of sunshine and slightly warmer conditions each and every day. it's "kcbs traffic." good morning to elizabeth wenger. >> good morning, roberta. and outside we go, it is in concord we have confirmed that with chp where there's a small brfi

area. 63, 65, you can see everything is pretty much moving at the speed limit, especially downtown san jose. westbound 80 in the clear. traffic is friday light. we can say it. we'll have more traffic coming up. back to you guys. >>> elizabeth, thank you. maryland's attorney general is in hot water over a photo taken at a party in delaware. this is the photo here, the picture taken at a party. his son was apparently attending it. there are allegations there may have been underage drinking there and attorney general doug gansler was in the middle of it. >> from what i understand, there was drinking, i guess going on. if you look at the picture, not right where i was, but one or two kids holding red cups and generally, could be kool aid, but probably beer in the cups. that wasn't -- i didn't go over and stick my nose in and see, maybe i should have. >> gansler is currently running for governor of maryland. >>> a woman who was burned by a mcdonald's coffee in fresno is now suing that chain. happened in 2012. the 74-year-old says she is still suffering from the pain of being burned. she said the