Bay Area News Roundup

A roundup of Bay Area stories making news today.

Still no BART deal

BART management and union representatives are meeting again behind closed doors today as Bay Area residents continue waiting and wondering whether there will be a strike.

The contract negotiations, which are being assisted by three federal mediators, lasted until about 1 a.m. today and then resumed at about 10 a.m., according to BART spokeswoman Alicia Trost.

Workers represented by Service Employees International Union Local 1021 and Amalgamated Transit Union Local 1555 have threatened to go on strike each day this week if an agreement wasn't reached, but so far they have agreed to keep working and keep BART trains running while contract talks continue.

Workers previously went on strike for four and a half days at the beginning of July.

Because contract talks have been going late into the night in recent days, many commuters have had to go to bed without knowing if there will be BART service the next morning.

Trost today called on the labor unions to make earlier announcements about whether they will go on strike the following day.

Trost said, "We want the unions to take the public out of the equation" and let riders known by dinnertime whether trains will be running in the morning.

Union leaders couldn't immediately be reached for comment.

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Brown considers cool-off for AC Transit

As Gov. Jerry Brown considers an AC Transit request for a 60-day "cooling off" period, the bus agency's general manager is asking union leaders to engage in further negotiations to try to avoid a strike that could begin as early as Thursday.

In a letter to Amalgamated Transit Union Local 192 President Yvonne Williams, General Manager David Armijo wrote, "I believe it is in the district's best interest for our two respective negotiating teams to meet prior the strike deadline to explore any ideas you may have to advance an agreement and halt a possible strike."

Armijo said, "Please contact me at your earliest convenience to discuss a time and location where we may renew our negotiating process."

Williams, whose union represents about 1,800 bus drivers, mechanics, dispatchers, clerical and other workers, has not returned calls for comment.

Meanwhile, a spokesman for Gov. Brown, Evan Westrup, said today that Brown is considering AC Transit's request for a cooling-off period but hasn't yet acted on it.

Westrup said the governor wouldn't simply order a 60-day cooling-off period but rather would appoint a board to investigate the labor dispute over a seven-day period and the board would report its findings to the governor.

If Brown decided that a 60-day cooling-off period would be appropriate, he would then ask a court to order one, Westrup said.

A similar process was followed when BART management sought and was granted a cooling-off period in its labor dispute this summer.

AC Transit, which logs about 200,000 daily bus rides in Alameda and Contra Costa counties, has reached a contract agreement with union leaders twice previously -- most recently on Oct. 1 -- but union members have rejected both.

AC Transit management says it is offering employees a 9.5 percent pay increase over three years. According to management, that offer would give employees an average of an additional $5,529 in annual income even after their medical contributions are factored in.

Referring to the possibility that workers could go on strike on Thursday, AC Transit spokesman Clarence Johnson said Tuesday, "We were hoping we wouldn't be in this position."

Johnson said a strike by AC Transit workers "would severely impact life in the Bay Area as we know it," and if it occurred at the same time as a strike by BART employees, it would be "catastrophic."

He said the last time AC Transit employees went on strike was in 1977.

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Cupertino approves Apple campus plan

The Cupertino City Council on Tuesday approved a massive project by Apple to create a 3.7 million-square-foot campus that will feature a giant ring-shaped building some refer to as the "spaceship.

A standing-room-only crowd of more than 200 people, many of them Apple employees, gathered in the city's community room as the council reviewed plans for Apple Campus 2, which will be built along North Wolfe Road near Interstate Highway 280.

The council voted 4-0 to approve a series of permits, an environmental report, a 20-year development agreement and an amendment to the city's general plan for the project, with Councilman Rod Sinks not participating because his wife works for Apple.

The city requested that Apple increase the percentage of its workers using transit other than cars from 28 percent to 34 percent to reduce the expected jump in traffic at intersections in the area, and on I-280 and state Highway 85.

Currently, about 72 percent of Apple's employees who work at the company's Cupertino headquarters drive there alone in cars, according to Jane Bierstedt, a principle for the transportation consulting firm Fehr & Peers, of San Jose.

About 12,000 people are expected to work at the planned new campus, on property bounded by North Wolfe Road, Tantau Avenue, Calabazas Creek and Homestead Road.

Dan Whisenhunt, Apple's senior director of real estate development, told the council that the project would bring an estimated $3 billion in revenue to hotels, restaurants and other local businesses during the firm's 20-year development agreement with the city.

The Apple Campus 2 project also would create 9,000 construction jobs and 8,000 long-term jobs once it opens, Whisenhunt said.

The campus would be constructed in two phases, with the 32-month first phase including construction of the 60-foot-high circular main building containing 2.8 million square feet of office space surrounded by a "savanna" of oak and other trees native to the Cupertino area.

Inside the central garden courtyard, there would be orchard trees and a 1,000-seat amphitheater.

The second phase, which will take about 16 months, would add 600,000 square feet of office space for research and development, with a 100,000-square-foot laboratory and testing area, restaurant, parking and energy generation plants.

The 176-acre project site is at the former campus of Hewlett-Packard. The Apple Campus 2 project is expected to be completed by about mid-2016. The current Apple headquarters, located at 1 Infinite Loop, will remain operational.

The council is scheduled to take a second vote on the project on Nov. 19.

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Emergency landing in Oakland

A flight bound for Hawaii made an emergency landing at Oakland International Airport this morning after possibly hitting a bird shortly after it took from Mineta San Jose International Airport, an airport spokesman said.

The Alaska Airlines Boeing 737 plane left San Jose for Honolulu around 8:30 a.m. with 166 passengers and crew members on board, Oakland airport spokeswoman Brian Kidd said.

Around 9 a.m., the flight was diverted to Oakland, Kidd said. The plane landed safely and no injuries were reported.

The passengers got off the plane and were able to board another flight and continue on to Hawaii, he said.

The diverted plane remains in Oakland, and the engine will undergo an inspection and be evaluated for possible damage.

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CCSF announces new chancellor

City College of San Francisco today announced that its new chancellor will be Arthur Q. Tyler, a former administrator at community colleges in Houston and Sacramento who also has a background in antiterrorism.

The announcement was made at a news conference at the school's Ocean campus this morning.

Tyler is taking over for interim Chancellor Thelma Scott-Skillman as City College tries to maintain its accreditation after a regional panel revoked it, effective July 31, 2014.

The Accrediting Commission for Community and Junior Colleges announced in July that the school would lose its accreditation, pending appeal, for failing to address various recommendations made by the commission to change the school's governance structure and finances.

To expedite the changes and maintain accreditation, California Community Colleges Chancellor Brice Harris appointed Robert Agrella as a special trustee to oversee the school.

Tyler will answer to Agrella, who has been given the power to make decisions for the school -- power that was previously entrusted to its elected Board of Trustees.

Tyler has experience dealing with a school's troubled accreditation status -- he, too, has served as a special trustee, overseeing Compton Community College before it lost its accreditation.

He served as deputy chancellor and chief operating officer of the Houston Community College System from 2007 until this August, and previously has served as president of Sacramento City College and as vice president of administration and finance for Los Angeles City College.

According to a biographical summary provided by City College, Tyler served for more than 20 years in the military, including as the U.S. Air Force's antiterrorism manager.

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'Hitman' charged with murder

Prosecutors today described a man charged with murder for an August fatal shooting in San Francisco's Visitacion Valley as a "hit man" with an extensive criminal history.

Zuri Wilson, 36, was arrested on Oct. 4 in connection with the killing of 34-year-old Shawnte Otis in the 100 block of Blythedale Avenue, police said.

Otis was sitting in a car when two suspects approached and opened fire. He was struck by the gunfire and taken to a hospital, where he died.

Wilson was arrested in San Pablo but has been brought back to San Francisco, where he was set to be arraigned this morning. He did not enter a plea and will return to court on Oct. 28.

Outside of court, Assistant District Attorney Scot Clark said Wilson has also been charged with the special circumstance of lying in wait before the shooting.

"This was a hit, and we believe Mr. Wilson is a hit man," Clark said, adding that "his name has been around here for a very long time."

Wilson was previously arrested in 2004 for a 1999 killing in San Francisco and was on the Police Department's 10 Most Wanted list.

Police said at the time that he had a previous conviction for possession of a machine gun and may have been responsible for multiple other murders in the city and the East Bay.

However, prosecutors did not end up charging him in the 1999 case, citing insufficient evidence.

Wilson's defense attorney Stuart Hanlon said outside of court that he has not received all of the evidence in the August case, but that investigators say two masked men shot Otis then fled.

Hanlon said Wilson's prior convictions were mostly drug-related and that he maintains that he was not one of the shooters. "My client says he's innocent," he said.

Wilson remains in custody and is being held without bail.

Police spokeswoman Sgt. Danielle Newman said the case remains open while investigators look for the second suspect, but no information about the second suspect was immediately available.

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Multiple crashes on Highway 101

Multiple crashes on southbound U.S. Highway 101 created a traffic nightmare for commuters heading out of San Francisco this morning.

Two separate crashes occurred on the highway in the area of Cesar Chavez Street at about 7 a.m.

One appeared to have involved about eight vehicles and the other involved four, California Highway Patrol Officer Ron Simmons said.

Only minor injuries were reported, but southbound traffic slowed to a crawl and backed up across the Bay Bridge.

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Seniors taking SATs for free

High school seniors in the West Contra Costa Unified School District are taking their SAT tests today -- on campus and at no charge.

The school district has partnered with the New York-based nonprofit the College Board to allow 12th-graders to take the tests at their schools for free.

Typically, students pay $51 to take the SAT, and have to go to an off-site location on a Saturday.

School district spokesman Marin Trujillo said this is the first time the program, SAT School Day, is being implemented in a California school district. It aims to increase students' access to the test by bringing it to them.

"We thought, what better place than the school site to do it?" he said.

Trujillo remembers that he had to go to the University of California at Berkeley to take the SAT when he was a high school senior.

"It was scary and already stressful," he said.

Taking the test in students' normal settings will add to their comfort level, he said.

"The seriousness and integrity of the test remain the same, but they're doing it on familiar ground," Trujillo said.

Leslie Sepuka, spokeswoman for the College Board, which oversees the SAT testing process, said the SAT School Day program began in 2010 and has been implemented in school districts in 12 states.

"It's grown, certainly -- right now the SAT will be administered during the school day to all public school juniors and/or seniors in Idaho," she said.

Sepuka said the program removes barriers for students who might not otherwise take the test because of job commitments or transportation issues. Districts are responsible for paying the costs of the on-campus testing, she said.

Testing in the West Contra Costa Unified School District began at 9 a.m. today, Trujillo said. Students in the 9th, 10th and 11th grades are taking the Preliminary Scholastic Achievement Test, or PSAT, today to prepare for the real test down the line.

Staff members are wearing their college gear all day today as students take the exam.

"College readiness is something real and tangible that we try to promote in our schools, and this is one of the ways that we're doing it," Trujillo said.

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Missing woman found safe

A 77-year-old San Lorenzo woman who went missing on Monday has been found safe, an Alameda County sheriff's sergeant said this morning.

Teofila Herrera drove to a San Leandro hospital on Tuesday, Sgt. J.D. Nelson said.

"She was not injured, but realized someone there would help her get home," Nelson said.

Herrera, who suffers from the early stages of dementia, was last seen at about noon on Monday when she left her home in the 16100 block of Via Pinale to visit a friend, sheriff's officials said.

She was driving her 2003 four-door Toyota sedan.

Herrera had gone missing earlier this year but was later found safe at a San Jose grocery store, according to the sheriff's office.

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Felony charges filed against Santa Rosa man

Six felony weapons and vandalism charges have been filed against a Santa Rosa man who was arrested for attempted murder after allegedly shooting at his wife and a locksmith at his home a week ago.

James Carl Provost, 43, is charged with two counts each of gross negligent discharge of a firearm, firing into an unoccupied vehicle and vandalism at his and his wife's Sedgemore Drive home in Santa Rosa on Oct. 9.

The incident led to an overnight standoff that ended when Provost was found the next morning hiding in a neighbor's backyard during a house-to-house search.

Provost appeared in Sonoma County Superior Court this morning but did not enter a plea. He was being held on $100,000 bail, but has posted bail and been released. His next court date is Oct. 30.

Santa Rosa police said Provost locked his wife out during an argument and then fired a shotgun from inside the house at the door when she returned with a locksmith and tried to re-enter the home.

Provost then allegedly went outside and fired shots at his wife's car and the locksmith's vehicle, police said. His wife called police at 11:20 p.m.

A SWAT and a hostage negotiation team responded and tried to contact Provost. Police entered the house the next morning and determined that Provost was not inside. He was found a short time later in the neighbor's yard, Sgt. David Linscomb said.

Police believe he escaped the house before they arrived, Linscomb said.

Provost was initially arrested on suspicion of attempted murder. Deputy District Attorney Tania Partida said the charges that were filed against Provost today are the charges the prosecution believes it can prove.

Partida said she is waiting for more reports and evidence on the incident and interviews are still being conducted.

Provost, a licensed real estate broker, formed Commercial Management Group Inc., a commercial property management company, in August 2009. It manages at least six commercial properties in Santa Rosa, including the G&G Shopping Center on West College Avenue.

It has offices in Santa Rosa and Novato and three in Texas. He said he could not discuss the incident after today's arraignment.

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Man dies after altercation with police

A man who allegedly held two people against their will at a northeast Santa Rosa home died after an altercation with police early this morning, a police lieutenant said.

A man contacted police at 2:54 a.m. to report that he and another person had been held against their will inside the home, Santa Rosa police Lt. Lance Badger said.

The caller said he had been able to escape, but that the suspect was delusional and was still in the residence with the other victim, Badger said.

Officers headed to the home and met the caller, and were able to get the second victim out of the residence safely, Badger said.

The suspect became combative and fought the responding officers, Badger said. He suffered what appeared to be a medical emergency when he was taken into custody, and officers requested medical aid and gave him CPR, Badger said.

Medical personnel arrived a short time later, but they were unable to revive the suspect and he was pronounced dead at the scene, Badger said.

The Sonoma County Sheriff's Office and the county district attorney's office are investigating the incident.

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Tonight will be clear and pleasantly cool, with low temperatures mainly in the upper 40s to around 50. Tomorrow will be sunny and mild, with highs ranging from low 70s at the coast to near 80 inland.

Concord 78
Oakland 75
Redwood City 78
San Francisco 73
San Jose 78
Santa Rosa 77

Coast
Tonight: Clear & Cool
Lows: Upper 40s
Tomorrow: Sunny & Mild
Highs: Low 70s

East Bay
Tonight: Clear Skies
Lows: Upper 40s to Around 50
Tomorrow: Sunny & Mild
Highs: Mid to Upper 70s

East Bay Valleys
Tonight: Clear & Cool
Lows: Upper 40s
Tomorrow: Sunny & Mild
Highs: Upper 70s to Around 80

North Bay Valleys
Tonight: Clear & Chilly
Lows: Low 40s
Tomorrow: Sunny & Mild
Highs: Upper 70s

Peninsula
Tonight: Clear Skies
Lows: Upper 40s to Around 50
Tomorrow: Sunny & Mild
Highs: Mid to Upper 70s

South Bay
Tonight: Clear Skies
Lows: Upper 40s to Around 50
Tomorrow: Sunny & Mild
Highs: Upper 70s to Low 80s

Friday:
Sunny & Mild
Highs: 68 Coast to 80 Inland

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