This is kpix 5 news. We could find out any minute if bart is going to strike, but there was another surprise announcement today that could be a double whammy for commuters. We have team coverage. Lets get right to Christin Ayers at bart headquarters tonight. Theres less than an hour left. Where do things stand . Well, there is still no teal tonight. Just a short time ago, the union came out and talked to us about that. Frankly it seemed like they did not believe there would be a deal tonight at all. A federal mediator whos appointed by the president was actually sitting in at negotiations today. He would not talk to us about what kind of progress is being made at the bargaining table, but the Union Spokesman, however, very plainly urged bart riders to make alternate plans for tomorrow. That was just about 30 minutes ago. He said the union have given a counter proo pose sal to barts last best final offer, but bart seems determined to stand firm. Its with regret to say we dont have a deal. We have given the district a proposal. Were still attempting to reach a deal and reach a bargain and get a contract, but that has not been reached yesterday. We still advice riders and the pub lek to make at mattive plans for tomorrow, but we do stay at the table bargaining to see if we can make progress. It rests in the districts hands at this point. With that count proer pose sal on the table it now means it is barts move, but bart management made it very clear that they have no intention of making any movement on numbers whatsoever so at this point, the union saying it would take a hail mary to avert any sort of a strike this evening. That said, liz, they will stay at the table until midnight. If that midnight deadline passes, it is very unlikely the unions would extend it again like they did yesterday. Back to you. All right. Christin, thank you. Kpix 5 joe vazqu ez said salaries arent the only thing both sides can agree on. Theyre not just upset about details in the contract. Theyre also angry about the way they believe bart management has been treating them. Now, from the managements perspective, they want to revisit some of the work rules. Bay area commuters are not thrilled about an impending strike. Frustration. But bart says its noes talk tough because some of the work rules are out of date. If you have been faxing a report to people, we cant ask you to email it anymore without a mutual agreement. Bart says its train operators dont even work a full shift, that they only make two round trips about fourandahalf hours of actual work per shift, operators still get paid their full eight hours. Also, from now on, bart says it wants to pay overtime only after 40 hours. Currently at bart, you can call in sick or not show up on a day youre scheduled to work and come in on a regular day off and get overtime even though you havent worked 40 hours. Its a shame to see him come out here only to speak about jamming a deal town the unions throat. The union are also focussed on bart managements behavior. They repeatedly remarked about what they see is a constant attitude about disrespect. Of course, it bothers our members when they get attack and had vilified in the press. Just make sure we got bart in the morning. I got school to go to. Joe vasquez, kpix 5. If there is a strike, here are your options. You can take the bus. Bart will schedule as many as 150 buse sks to pick up commuters at nine east bay bart stations and take them to San Francisco, or you can buddy up and try the car pool lane. Hov lane hours will be open to car poolers from 5 00 a. M. To 7 00 p. M. On stretches of interstate 80, 680, 880 and highway 92 and highway 84. And you can also try your luck with the ferry just like last time. There will be beefed up service in oakland, San Francisco, alameda, Alameda Harbor bay and vallejo. We will be on extra early tomorrow morning to make sure you get where you need to go beginning at 4 00 a. M. Well, as if the threat of the bart strike isnt bad enough tonight, goodrich says ac transit could also go on strike. Whats that all about . Ken, today they issued a 72hour notice. That means come thursday morning, they could walk off the job. So for those commuters who rely on bart and ac transit, it is double trouble. Im left in limbo twice. She takes bart and the bus to and from work, and she has to be at work no matter what. I work for the tenderloin Afterschool Program in the tenderloin through the Tenderloin Neighborhood Development corporation. So theres no way you could work from home . At at you will. Im in it to win it with the kids literally from 9 30 in the morning to 6 00 at night. This 72hour notice comes as workers rejected two contract proposals, but why strike now, especially with barts looming strike is this it cube coincidence, but our strike notice is not for the bart negotiations. The bart negotiations are totally separate from the negotiations that that ac transit and local 192 has. In the past when bart has gone on strike, ac transit has stepped up its service to help commuters throughout the bay area, but come thursday morning, ac transit could come to a halt. Commuters throughout alameda and continue cost counties will have to pay the price. This toubl whammy has been frustrating and annoyed. Very unfoj gnat. Especially because tomorrow is my birthday. Bigger picture, it impacts a lot of people. The bridge will be backed up which is pretty new. Hopefully the bolts dont break on there. The ac tran soit officials have not made a Public Comment yet about this looming strike for ac transit workers, and no new negotiations veb have been scheduled. In oes oakland, kpix 5. Thank you. There is another news tonight. A bomb scare at lax. Dry ice bombs exploding in a restroom at one of the terminals. Authorities confirm there were three devices. Nobody was hurt and no flights were delayed. A dry ice bomb exploded yesterday in one of the employee bathrooms, as well. Dozens of afrss are combing a San Francisco street right now looking for clues in a shooting that sent three people to the hospital. It happened just before 730 at rose and webster in the lower. Police tell us one victim has lifethreatening injuries. The other two are in serious condition. A new state law is giving parents more information to help keep their kids out of trouble. The governor just signed a bill that requires parents to be notified once their kids are add today a statewide gang data base. The idea is to give troubled youth access to gang intervention services. The bell gives parents the foresight and the knowledge and the power to intervene while theres still time. Children as young as ten are included in the data base. The data base can only be accessed by Law Enforcement agencies. Work on the 49ers new stadium came to a screeching halt after a worker was killed on the job. Kiet do is in santa clara to want. Kiet, this is the second death in four months. Yeah. Actually, just a couple of months since the last death here. Everyone is asking is there a pattern here, but, anyway, this place is early quiet tonight. Normally they are buzzing around the clock, but osha has given them the green light to be back at work first thing in the morning. The view from chopper 5 shows a long bundle of rebar that fell off the left side of the truck. The blue forklift was unloading the steel rods when it tumbled off the flat bed at 6 30 this morning. 60 yeerd edward lake, jr. , went to the hospital with critical injuries where he was pronounced dead. Lakes family in vacaville didnt want to talk, but a neighbor said he was a helpful friend. I still dont believe it. Just a really great guy. Selfless person. Besides helping me move whenever i was pregnant, he helped my husband on the house. He likes being up early in the morning and being done early in the afternoon. He just really liked it. Santa clara police say it was an accident. None theless, crews were stunned. Work on the 1. 2 billion stadium stopped for the day. At first it was shock, but then it was its tragic. I mean, we had a fellow coworker lose their life, and i think that sank in really quick and its pretty emotional. I mean, its a little banged unin there. Back in june, donald white, an elevator installer, was struck and killed by a counter weight. Labor unions are wondering about two deaths in five months. The safety on the job site is not being upheld to todays standards or is it truly a freak accident here . In santa clara, kiet do, kpix 5. An allhands meeting will take place at the stadium tomorrow morning before work resumes, and counselors will also be available. At least 20 people are dead after an earthquake struck the central philippines. The 7. 2 magnitude quake hit around 7 30 our time. This is video of the after math. Roofs collapsed on top of cars and the quake tore down many homes and buildings. Efforts are underway to rescue people from the rubble. The first female and phone calls. Coming up, what else the tsa is secretly collecting from you to spy on all your friends. A teenager gefs a drunk friend a ride home so why did her high school punish her for being the designated driver . And a bay area beach closed for ten years finally reopens. Sunshine today with highs approaching or reaching 80 degree sos why are we talking about frost . Find out which part of the bay area is currently under a frost advisory and the 7day forecast neshgs. ,, these are the hands a pediatrician. These are pioneering advances in heart surgery. And these are developing groundbreaking treatments for cancer. Theyre the hands of the nations top doctors. Kaiser permanente doctors. And though they are all different, they Work Together on a Single Mission saving lives. Discover how we are advancing medicine at kp. Org join us, and thrive. Welcome back. Ooisin ayers right now at bart headquarters. Whats the latest tonight . Well, were still waiting for official word, but as we the furthest weve heard is there is no teal on the table at this point. The union had made a counter offer to barts lastbest final offer, and they have not heard back from bart about that. We actually just saw a Union Spokesman leave a building just a few moments ago. We dont know what that means for negotiations. We are told that at will stha at the table until midnight this evening to tuk, but, again, did not sound optimistic that a teal would actually be reached at this point. Were counting down the final moments before we hit midnight. One of the union spoeks people told us this evening that if inteed we do hit that 11 59 p. M. Ted line, there will be a strike. They will not delay talks any further than they already have or have a repeat of what they did yet which was to delay talks for 24 more hours. Its look k increasingly likely there will be, in fact, a strike this evening. We should know in about 45 minutes time. Just to be clear then they have not come out and said there is a strike tomorrow morning . These are comments that were made earlier in the night, and as far as you know its still up in the air officially at this point . It is still officially up in the air. We did just hear from a spokesperson of one of the unions just a coupleover seconds ago telling us there has been a lot of back and forth tonight and bart management is now luke at that counter proposal that the union has offered tonight, but, again, bart has been very firm about not moving their numbers at this point so its seeming unlikely they will reach a deal this evening. All right. Keep us updated. Thank you. Christin ayers live in oakland tonight with the very latest. Tune in tomorrow morning, if all elsz fails, beginning at 4 00 a. M. Well have the very latest on the bart situation. Get an update then. Well, in addition to spying on email and phone calls, the nsa is also scooping up millions of contact lists from email and instant messaging accounts. According to the Washington Post in a sang l day last year the nsa collected almost 700,000 email address books from yoo hoo, hot mail, facebook, gmail and other providers. Why . Its all in an effort to find possible links to terrorism or other criminal activity. Senator majority leader harry reid says perhaps tomorrow will be a brierth day. Negotiations stretching into the night tonight, and danie lle nottingham says that senate is closing in on a deal to reopen the government. The senates Top Republican and democrat werent far apart on the floor. For the first time in recent memory, appear to be not far apart in spirit. Weve made tremendous progress. We are not there yet, but tremendous progress. I share his optimism na were gonna get a result that will be acceptable to both sides. The two leaders are working on a plan to reopen the government and fund it through january 15th. The debt ceiling would also be raised through february 15th. The teal calls for negotiators to find deficit cuts by december 15th. Those cuts could help offset the cuts known as sequestration. The plan would also create a new Income Verification policy for obama care to prevent fraud among americans seeking subsidies for their health insurance. That last point would be a small concession to House Republicans who would still have to approve a senate vote on the bill could come as early as tuesday, but it would still have to fasz house, so it could be days before the government is reopened. The deadline for increasing the tet ceil sg thursday. Danielle nottingham cbs news capitol hill. During the federal shutdown, there are a few food yous might not want to eat. No. 1, imported splifrp from southeast asia. That according to busby. Its considered a red flag food thats almost always supposed to be inspected. Also on the list tilapia from china, a fish that federal inspectors often reject. Take special care to thoroughly wash imported fruits and vegetables as well as leafy greens and thoroughly cook all eggs, which may contain salmonella. A faefrt bay area beach is back open after being closed for ten years. A budget crisis forced the 11acre park to close back in 2003, but this spring, the city Council Voted to reopen it. Since then, volunteers have been working hard to clean it up and get it ready. Just exciting. This is a special time for me right now. Im having a special day so i needed to come and get a little bit of this kind of beauty and this kind of peace. The department of public works installed new picnic tables and barbecue ace long with a Wheelchair Accessible path and parking lot. Traffic on a busy highway came to a standstill today following a strange traffic chase after a fourlegged wanderer. The dog named apple sauce, there he goes, roamed onto traffic on to the new york through way and refused to leave. Some awill remembered drivers even got out of their cars to try to catch apple sauce. 45 minutes Later State Police caught up with apple sauce. Apple sauce is okay now, reunited with a very worried owner. Absolutely. Apple sauce looks pretty scared. Uhhuh. Glad hes back safe and sound. Apple sauce did not want to leave. No. But the weather can stay. This is good stuff. Yes. This is great weather out. Not hot, not cold. Right in that comfort zone once again. Were going to stay there the next several days. If you could pt get outside today, dont worry. Several more days similar to today. Live look outside tonight. The days are warm. These nights are [ audio difficulties ] 78 in the afternoon. What we have is what well have for awhile all the way through the weekend. Sunshine, chilly mornings, beautiful sunny afternoons. Gorgeous gorgeous. Looking good. We need to get some rain next month. We could use some, yeah. Thanks. Coming up, why a teenager was punished for giving a drunk friend a ride home. , pinpoint weather is sponsored by mancini sleep world. Hurry in now for huge savings and start sleeping better tonight. , when our little girl was born, we got a subaru. Its where she said her first word. little girl no saw her first day of school. little girl bye bye made a best friend forever. The back seat of my subaru is where she grew up. What . announcer the twothousandfourteen subaru forester. girl what . announcer built to be there for your family. Love. Its what makes a subaru, a subaru. Or how to get great deals the easy way. You do enough flying around. Thats why we give you real big club card deals. This week, load up on your favorite coke products. 12 packs are 2. 77 each. Tide is 16. 99 for 150 ounces. Thats under 20 cents a load. And oikos greek yogurt is just a buck. Real big deals this week and every week. Only at safeway. Ingredients for life. But bree season says now t a teenager trying to do the right thing. She went to a party to help out a friend. She says now the massachusetts girl is being punished for being the designated driver. She did what she thought was right, and im proud of her for that. Its for el nor to talk about the heartbreak her dhaur erin feels after being demoteed from captain of her Volleyball Team and suspended from five games in her senior year. This isnt a troublemaking kid. We raised our girls, you know, to be kind, loyal, compassionate, and to always be there if someone is in need. Ellanor was proud to hear her daughter came to a friends aid. She goes to a party because someone there says can you come take me home, i want to go home, this isnt safe for me. She gets there, and literally minutes later the police show up. When erins high school heard about the party, though, they didnt think what she did was admirable. They said by being there, erin was in violation of their zero tolerance policy against drugs and alcohol. Lawyer wendy murphy is trying to get the schools decision reversed. If a kid asks for help from a friend, you dont want that friend to say, sorry, i cant help you. I might end up in trouble at school. Erins mom went to the court for help, but things didnt go as planned. Andrew luck makes his monday night debut. Im kim, and, get your mustard and relish ready. Hoting tos were on the menu. Thats coming up in sports. ,,,,,,,,,,, little home cooking for the tojers tonight, huh . . Yeah. I understand you were never really worried about coming around to the plate, right . You know what, he is such a sensation right now that uong people expect him in the antics we saw tontd. All right. 2nothing hole against the cardinals in nlcs wasnt enough, dodgers got out. Ramirez has to play with a cracked rib. He was in the lineup and wept 2 for 4. Cardinals starter Adam Wayne Wright allowed one run. Fourth inning adran gonzales break it is scoreless game with rbi double town the line. Cooksey rovs it as well as dodger who was in trouble in the f