[laughter] [applause] craig you think it is done and then there is always a little bit left. [laughter] female announcer through columbus day, female announcer on tempurpedic. Save 10, 20, even 35 on a huge selection of simmons and sealy clearance mattresses. Even get free delivery dont miss three years interestfree financing on tempurpedic through monday, columbus day. Guaranteed sleep train your ticket to a better nights sleep this is kpix 5 news contaminated chicken left on store shelves even after hundreds of californians have gotten sick. Good evening. Im elizabeth cook. Im ken bastida. Foster farms has a few more hours to clean up its act or the feds tell our joe vasquez they will shut down three processing prants. The usba threatening action against them. So far no raul ore call on the chicken, but we have learned kroger and food for less decided to remove the chickens from those affected plants on their own. Other major stores continue to stock it. Its still on the shelves. We shot this video at a San Francisco supermarket tonight. This is raw chicken from foster farms directly from three california Processing Plants that have been identified by the usda as having been contaminated with salmonella. Tonight were learning the usda threatened to withdraw those inspectors from the three Processing Plants effectively shutting the plant down if foster farms doesnt come up with the correct action plan. The usda is giving foster farms until tomorrow to come up with the corrective plan. The Company President said in a statement this evening foster farms is responding with new and already implemented practices in the affected plants. A usad spokesman told me tontd he could not confirm plan had already been submitted. Meanwhile, foster farms insists it is not recalling the chicken from the plants that had salmonella. If company is urging people to cook it thoroughly. We doebt need toe treat our food like toxic waste. Surprising they wouldnt recall it. Youve got to cook it thoroughly because its still on the shelves, and so far 278 people in 18 states are sick from eating chicken with sal ma nel la. 77 are right here in california. Tonight we have stunning details of what happened inside a party thrown by 49ers sooip star aldon smith, a party that turned into a gun battle. Kiet do on what the millionaire Football Player made everyone do before being allowed in. This is aldon smiths six bedroom, 8200 square foot. Like, pow, pow. Yeah. No, neighbor sarah was not invited. It was a widelypublicized party, but it was not free. Smiths contract is worth 23 million. None theless, he charged 10 for admission and 5 for drinks. Party goers started fighting. Someone fired a shot into the garage. Smith balcony and tried to clear the crowd by firing a. 45 caliber hand gun twice into the air. You ducked . I did duck. Yes, i didnt know what it was, then i kind of figured that its probably gunshots. A gunfight broke out, two people got shot, and smith himself got stabbed. At one point, somebody went into his cloz sxet grabbed one of the rifles and began Walking Around a party with it, a party if i would with gang members. Searched the house and confiscated three illegal assault rifles similar to these. The das office say ace salt weapons are often stolen and used in crimes. Smith bought the gun legally in arizona, but he broke the law when he bought r brought them to california. He now faces three felony charges of illegal weapons possession. This is on top of the dui charges from last month when he crashed his truck into a treechlt he later apologized for that. This is a problem. This is something i will get fixed and do everything in my power to make sure this never happens again. The allpro linebacker is in rehab. When he gets out, the da expects him to surrender. In san jose. He faces four years in prison. Little over an hour ago, the bart unions accused management from pulling the rug from underneath them. Tonight we have an exclusive new powell that finds people here in the bay area think enough already. Our kpix survey usa poll taken tonight finds that three quarters of bay area adults oppose a strike by the union workers. The majority of people are so fed up, they want a new law. Christin. Yeah, ken. The coolingoff period ends friday at midnight. No telling what that could mean for a possible strike, but our polling shows the public eager to strip union of their power to strike. With the haggling continuing into the night, commuters are tense, torn and at the mercy of a looming bart strike. Our exclusive kpix 5 survey usa poll found that 44 of responders think bart management has made a better case than the union. Whats more, 53 of those surveyed think California Law needs to change to ban transit strikes all together. Obviously as a commuter, its inconvenient, and its puts a damper on my commute. The powers actually shut down transportation sort of cripple a city seems to be out of step. Such bans are already in place in new york, chicago, dc and right here in the bay area. Sgleven even in shan fran, you cannot have a transit strike. Steve glazer running for the assembly is gathering sittings in support of a statewide ban on transit strikes. Negotiations will begin back here at noon tomorrow. In the meantime, the union plan to pack a bart board of directors meeting that will start at 9 00 a. M. Tomorrow morning. Live in oakland, christin ayers, kpix 5. Bart is still going to be there when all this is over. They are looking to people to give them new feedback on new seats for the fleet of the future as theyre calling it. Riders were able to try out three prototypes at the Downtown Berkeley station today. We talked to some who questioned the timing of all of this. I dont know why theyre doing this right before the strike. Seems like a little bit of a Public Relations move. Yeah. Whatever new seats are chosen, theyll be made 74 recycleable materials and have easy to clean surfaces. Tonight, breaking news. There is word republicans are coming up with a plan to raise the debt ceiling at least temporarily. This information is just coming in. Cnn is reporting this and saying republicans will talk about this plan tomorrow, but the plan would keep the government shut down. Right now, Financial Markets in asia are up on this news, and earlier today, president obama met with House Democrat to the white house. Tomorrow he hosts the republicans. The continue continues to advocate for a funding bill to reopen the government and increase the debt ceil bfrg the october 17th deadline. Frustration from furloughed Government Employees in the bay area reached a boiling point today. We need to let them know barter your politics in dc, but oip the government now. We want to work, we twoont work. Employees showed up in Mountain View today to protest more than 1100 workers were sent home last week. And kpix 5 learned 6500 employees at the Lawrence Livermore lab could be furloughed on october 21st. The lab would be the latest local victim of the stalemate in washington the shutdown is holding up death benefits for families of fallen troops, and tonight a private grouch stepped in on behalf of one bay area soldier, lieutenant Jennifer Moreno killed sunday in afghanistan. She was a former Nursing Student at usf, also a member of the rotc. The group honored her today on campus. Late word that the Fisher House Foundation would pay the death benefits came as welcome news. Thank god the fisher house has stepped up and has provided money for the family to be able to receive the body and everything, but its kind of asinine. Governor brown ordered flags at the State Capitol to be flown at half staff in her honor. We first got wind of this last night and told you about it, but today president obama officially nominated former uc berkeley professor janet yellen to be the next chairman of the federal reserve. Thank you, mr. President. I am honored and humbled by the faith that youve placed in me. Yellen is currently the feds vice chair. She taught economics at berkeley and was once the head of the San Francisco federal reserve. If confirmed by the senate, the 67yearold would be the first woman to head a major central bank. This is coming into our news room tonight. Gun menino kidnapped the Prime Minister of libya. An a rxab news network got Prime Minister as the gunman took him from a hotel in the capitol. No word yet who kidnapped him or why. In the two years since the u. S. Military took part in an nato operation to help rebels overthrow, libya has been a mess, to say the least, with different militant groups and tribes controlling much of the country. We now know who she is, but thats about it. What hospital officials still arent saying about the woman found dead in a stairwell. Fbombs in the classroom, but its not a student whos in trouble this time. The teacher tirade that one kid recorded on his cell phone. And just a jars worth of trash for a whole year. How one bay area family,,,,, you disgust me. Prove it. Enough is enough. Dcon baits are specially formulated to kill in one feeding. Guaranteed. Dcon. Get out. Itand free ourselves fromy we the harshness of bleach. Lysol power free has more cleaning power than bleach. The secret, is the Hydrogen Peroxide formula. It kills 99. 9 of germs and is family friendly. Lysol. Mission for health. General. But the hospital isnt saying much about howe died or how she ended up t we know now know the identity of the woman who turned up dead in a stairwell at sf general, but the hospital isnt saying much about how she died or ended up there. 57yearold lyn spalding disappeared on hospital grounds nearly three weeks ago. An engineer found her body yesterday. Hospital officials gave a statement insisting they followed protocol once they noticed spalding was missing, but they chose not to take any questions. Not found hospital staff notified the family and the Sheriffs Department on site. The sheriff sherjed the campus and did not find her. The Sheriffs Department will be conducting an investigation. Sf general administrators say they will review the hospitals alarm and search procedures. San francisco street where a man was killed is back open tonight. The victim shot multiple times about 4 15 this afternoon. He tied on the corner of mission and brazil next to what looked like a bag of groceries he was carrying. Police say a man was seen running from the area. The investigation tied up traffic and muni service ffr a couple of hours. The man known as evil elmo will spend the next year the in prison. We first told you about san sand ler last year. He was spotted in San Francisco dressed as elmo harassing tourists at Fishermans Wharf and other places. Today, sand ler was sentenced to prison after pleading guilty to extortion. He has been accused of threatening to publy sies false information about the girl scouts also they unless agave him 2 million. A los angeles teacher is caught in a moment of rage. Listen to this. I know my [ bleep ]. Dont [ bleep ] with that. Im tired of trying to educate you, and you guys every step of the [ bleep ] way. Get the [ bleep ] out of there. A stubt recorded that rant on a cell phone and then turned it over to the higher ups. Its not professional. Its not what you should be doing teaching children our age, people, young adults growing up, not how to talk to other people. Im pretty surprised. I mean, kind of strange to hear from a teacher. The teachers name is not being releesd. She says she had a weak moment, and the student who recorded it had been badgering her in front of the klass. You can kind of sense the frustration in her voice. The teacher is on paid leave while the School District investigates dozen people spent two hours stuck on this roller coaster at Universal Studios orlando, the hollywood rip ride rocket stopped working as the people near the top of the first hill. Park Officials Say a glitch sent the computers into safety mode, and is that stopped the ride. No one was hurt. A lot of us recycle and try to reduce our waste, but weve got nothing on one family. Sharon chen shows us they only throw away a quarter of garbage a year. Right away, you noticed johnsons minimalist decor. We kind of decided the simple life was for us. Johnson created a zero waste lifestyle. The environment careful environment when the artist, her husband and the two sons moved to mill valley in 2007, they let go of 80 of their stuff. Today we only have two towels per person, two skirts. These are all the clothes she and her husband own. Johnson details her zero waste journey in her blog and new buick, the founation five rs, refuse. Just say no when gifrn things that we dont need. Reduce. Evaluate the things that we really need and and really enjoy and then let go of the rest. Reuse. Reuse by buying secondhand. Recycle. Recycle. What we cannot refuse, we use or reuse. And rot this used to be a trash can. Today its compost. How much trash does the family actually throw away . Youre looking at one quart worth from the last 11 months. The old passport cover laminated tickets and produce tickets have nowhere to go but the trash. Bulk items. So how does johnson achieve near zero waste . She buys in bulk to avoid unrecycleable plastic packaging. I bring my jar to the store, and they refill it at the counter. She packs items in tote bags and stores them in glass jars and even the freezer. They bake the bread and put it straight into my pillow case. In the bathroom, the family uses compostable bamboo toothbrushes and one soap for all bathing needs. We use an oven stone as deowed rant. I use coco powder on my cheeks as a bronzer. Johnson say it is zero waste lifestyle shaved 40 from the Family Budget and made life better. Living with less, we have much more time on our hands to do the things we enjoy doing. Its a lesson she says wont go to waste. In mill value leeshgs Sharon Chen Kpix 5. The epa say it is average american produces more than four pounds of garbage every day. My case, its more like 45 pounds. I know. Yeah. I know. I do recycle, but you got to admire that. Its remarkable. Skwl i shouldnt. What no toilet paper, things like oh, yeah. You dont want to know the detail sos lets leave it alone. Bet tore not ask that question. Youre right. We should have left it alone. Were starting out with temperatures in the 50s for the most part. 55 in concord, 56 in San Francisco and 56 in santa rosa. Chilly tonight. Tomorrow inland recovers to the mid 70 sos a nice at least somewhat warmer day for the as to take on detroit. Itll be clear and mild at game time at 5 00 tomorrow night, temperature of 67 greece. Little bit of hint of winter moved through the sierra. It doesnt take much. Two inches more snow above 7 thousand feet. That all happened because of this low pressure over the bay area pressed south and when it did, oh, the problems it caused. You know, the recipe for an accident on the freeway, just add water, and they got plenty of it from a half to three quarters of an inch in los angeles, and that highway 5 just north of burbank, highway 5 was reduced thats not highway 5, but well pull back. You see it there. It was reduced to just a lane in the northbound direction so it was a mess. No doubt, they had an alert. Back in the bay area weir expecting that low to kick out. Goodbye to the low, hello to the high. Mild temperatures until the bay area. This is whats next. Chilly overnight temps. Minor warming trend begins back to near 80 greece inland by saturday but just a degree a day. Thats all we ask. We will be approaching average slowly. Tomorrow San Francisco hits 67 degrees. About 3 degrees below average so tomorrow will be from 3 to 6 degrees cooler than usual but nevertheless a step toward warmer readings. Overnight lows 40s, in santa rosa 46 , San Francisco 67, san jose 62, livermore 76, very nice. Sunshine temperatures in the low 70s. Out in the east bay, the numbers will be in the mid 70s. 76 walnut creek and 74 brentwood. Up in the north bay, low 70s for the most part, chillier, of course, near the shore line, and up in the far north, santa rosa comes in at 73 degrees. In the extepided forecast, well look for things to warm a little bit. Temperatures back to near 80degree range by sunday and monday so bide our time, and well get the numbers right up there again just a step a time. Gorgeous. Thanks. All righty. Looks like any other looks like any other ,ilbox, but someone has been to thsuffered in silence. Hoped. And lived in a state of fear. Welcome to a new state. Of health. Welcome to covered california. The place to find quality, affordable coverage. Financial help for those in need. And nobody can be denied because of a preexisting condition. Enroll now at coveredca. Com. Female announcer save up to 35 female announcer and through columbus day, get three years interestfree financing on tempurpedic, at sleep trains inventory clearance sale. Your ticket to a better nights sleep berkeley. Its more like yuck. Well, there is nothing special about the tliflys to several u. S. Postal mailboxes in South Berkeley lately. Its more like yuck. Last month, somebody had been dumping human waste inside this box on adeline street. Dont worry. It was removed and all cleaned out, sanitized. The mail inside, though, was tagged as hazardous and sent to a Processing Plant so some mail never did make it to its destination. A second box is also being replaced now. Fortunately, the post office says there isnt much they can do to stop the problem. Elsewhere in berkeley, a volvo Station Wagon that looks strangely like my sons sams somehow got stuck halfway up a power poil on claremont avenue. Kpix. Com producer greg sent in this photo. Its unclear how the car got up there or whether anyone was hurt. Starting today disney land visitors with disability haves to wait a little longer to get on the riesd. Visitors with disabilities access card nos longer have instant access to the front of the line. Instead, theyre issued tickets like fast passes with the time to come back for the ride. Some families arent happy with the change. This may not be much vacation for any of us. Disney is just saying, you know, well accommodate you. Talk to us when you get here. Trust us. Thats kind of i cant plan for that. I dont know how well its going to end up would recollect. The change comes after reports people were abugz the old system. No proof of disability is required under this new powell policy. Baseball and a big one tomorrow night. I have the phone has been ringing off the hooks. Yes. One woman in walnut creek, i have been a lifelong fan. Hey, could you give me ticket sns thats when you know the as its the hottest ticket in baseball right now, but who gets to pitch in that most important game 5 tomorrow. Weve got the answer. Weve got the answer. And pirates try to, so, this board gives me rates for progressive direct and other Car Insurance companies . Yes. But youre progressive, and theyre them. Yes. But theyre here. Yes. Are you. . There . Yes. No. Are you them . Im me. But those rates are for. Them. So them are here. Yes you want to run through it again . No, im good. You got it . Yes. Rates for us and them now thats progressive. Call or click today. Introduced the happy meal, d it was the last time the pittsb the year was 1979. Jimmy carter was in the oval office. Mechanic ton alds introduced the happy male. It d happy meal. Second inning, ken bastidas news favorite player david freeze into the pirates bullpen to give the cardinals two to nothing lead. Struck out six. Pitches a complete game to send the cardinals into the nlcs for the Third Straight year. Beat the pie rats 6 to 1. St. Louis will host the dodgers starting friday. As manager bob melvin starting pitcher for game 5 tomorrow night against detroit. Gray tweeted tonight that he gave two tickets to the game to his waiter. Thats whey call a tip. Now, as reliever Jerry Blevens did one better. He held a contest, gave two tickets to the person with the best tweet why they love the as in 2013. The winner was peter from sacramento who said home run tunnels, pitchers using tweets, winners on the field and downtoearth office. They truly appreciate the fans. My submission. They have a small payroll but win big, not one star but star as a team, they play in a toilet but smell like a champ. I think that last line killed me. Earthquake fans needed their team to win in order to keep playoff hope alive and heads it in and the quakes beat the rapids one nil. We begin tonights top five with jim harbaugh and his reaction to the weapons charges on aldon smith. Were all accountable for our actions, whether those are are good or bad, theres accountability that comes to all of us, and thats a process that that hes gonna have to go through. No. 4, soccer from lithuania. Two players get into it, but theyre on the same team. This does happen in our news room occasionally, but we dont get red cards like these guys. No. 3, back to st. Louis. Goes out and gets and takes it away from pedro alvarez. At no. 2, different kind of leather. Crawford swallows up the shot from alexander. Beat the black hawks 2 to 1. No. 1, 6 foot 1 gordon for midnight madness put on st. Mary usually known for sharpshooting International Players but never like this as Little School continues to come up big. Okay. As tomorrow night, got to execute a little bit better than they did the other night. Bases loaded. Id loik to see coco steal a base, and lets lay down a couple bunts. I think the as are playing at home and, you know, that little sting from the other night might remind them, take a pitch every now and then. Good point and great point about the hometown crowd. Show up big tomorro,,,,, tomorrow morning at 430. David letterman is next with lucy liu. What