Contract. Reporter but keller hopes a strong no strike vote would persuade the legislature to enact a ban. Next change for giving up the right to strike, they would be given the authority to go to factfinding and some sort of binding arbitration. Reporter keller says that would be just as good as the strike perhaps with less grief. Live in north berkeley, don knapp, kpix 5. The death of two workers on bart tracks in october has prompted new safety recommendations from the National Transportation safety board. Ntsb wants all rail workers to have a warning device called a shunt that they could attach to the tracks. Also it is suggesting trains have a Monitoring System called positive train control. Barts board doesnt see any problem with the idea. Anything that moves us in the direction of providing a more safe work environment, i have no problems with. Well be prepared to support it. A report last week said that the two men killed on bart tracks did not follow safety rules. Those rules required at least one person to serve as a lookout. New at 6 00 in a case that brings back memories of the andy lopez shooting, Hercules Police spotted boys carrying a fake gun that looked very real. Officers recovered this airsoft pistol this week. It is similar to a weapon used during operation desert storm. Police say four boys were pointing that fake gun at passing cars on Willow Avenue tuesday. The 12 and 13yearolds were cited and released to their parents. This comes less than two months after 13yearold andy lopez was shot and killed by a Sonoma County sheriffs deputy in santa rosa while carrying a fake gun. That case prompted several protests. Also new tonight, the 415 area code is about to get phased out for new numbers. Right now 415 is issued to any new phone numbers in San Francisco or marin counties. And in just more than a year, 628 will take over for new numbers. California regulators approved the new area code today. 628 as i say that new code will only be begin to new numbers existing numbers are not going to have to change. This tour bus was headed to a casino in Southern California when it overturned this afternoon. Chp says 30 people were hurt but not seriously. The crash happened on i15 in corona an hour east of l. A. It was raining at the time but its unclear if the weather is to blame for the crash. There is a big shortage of toys for one san jose agency that helps thousands of families during the holidays. Len ramirez shows us the scramble to make sure kids dont go without. Reporter the elves are busy sorting gifts and books for low income children but even though they have made their lists and checked them twice these bins that should be full of toy donations are still coming up empty. At this point in time we are about 7,000 toys short. Reporter he says toy drives got off to a slow start this year due to the late thanksgiving. But the biggest impact was an increase in need. More than 6,000 families signed up to receive gifts this season. About 1,000 more than last year. Ramons family is one of them. I just found out in my job im going to get a 20 salary cut so now we are having five children its a struggle for my family. Reporter sacred heart provides food for lowincome families all year long. We need more help. Reporter but the toy giveaway is a special treat for families who might not have money for gifts. Parents can shop for free in the room pick out two toys and a book for each of their kids and have them wrapped. The thing we dont want to have happen is for a family to have no hope for next year. We know that the Christmas Program for them is going to give a moment of hope which we want to translate into a hope for the next year overall which they can turn into opportunities to make for a better life for themselves. Thats neat. A good one. Reporter the toys are trickling in. I had a closet of toys we didnt give our kids over the years. Reporter but many more are needed to brighten christmas for families going through hard times. It doesnt really matter the value of the present. It just is very inspiring once you see your own kid smile and say, oh, i got a present for christmas. Reporter in san jose, len ramirez, kpix 5. Now, if you would like to donate any new toys deliver them to sacred heart or donate money through the website sacredheartcs. Org. Thats posted at kpix. Com. We have heard it a lot smartphone thefts skyrocketing especially in the bay area. Now there is a plan that would make them worthless. State senator mark leno and George Gascon are introducing a bill that would require such devices to have kill switch technology. So if a phone is stolen, it makes it useless. They will take up the bill next month. In other bay area headlines talk about crash and burn. Oakland police say a suspected drunk driver caused this at a gas station this morning. Right after he ran through a dui checkpoint he led officers on a brief chase. Police pulled him out of his burning car and put him in handcuffs. A woman facing vehicular manslaughter and reckless driving charges for this deadly San Francisco crash is free on bail. The judge says she is not allowed to drive. Police say 58yearold jennie zhu was driving 80 miles an hour near pine street when she rearended a minivan back in september. One teenager died, several were injured. Zhu pleaded not guilty to the charges and faces 7 years in prison if convicted. Large dark plaques bear the names of many home list people who died in the past year on the streets of santa clara county. Today homelessness advocates ehc life builders head a memorial in san jose for those lives lost. The group hopes it raises awareness about homelessness and the need to get people out of the cold into permanent housing. We told you last night about a little girl in vallejo who was going to try to save her city as her favorite superhero. Today she got the chance. As kpix 5s john ramos tells us, she might do it. Reporter when the morning celebration began in vallejo there were plenty of superheros on hand. So why did the surprise guest of honor seem so well, terrified . Is the real heroine was wonder woman actually wonder girl cleverly disguised as monika romo a mildmannered 10year old who has been battling leukemia since april. She is pretty legendary because if had it, i couldnt go through it. Reporter times have been pretty tough in vallejo lately and theres been a lot of crime. So a Community Group called vallejo together asked monika to write an essay about making vallejo a safer place to live. Burglaries and robberies began occurring all over the town. Reporter she wrote a story about wonder woman arriving to help vallejo and taking a page from the batkids saga, monika was sent on a citywide tour to read the essay to the high school and city hall, everywhere she went, met with cheers from superheros supporters. But in the story wonder woman doesnt save vallejo. She teaches the citizens to save themselves by working together and not being afraid. We should not give up. We should have hope that things will change and that we can win. If we dont try, we wont know what could happen. Reporter its a message this town needed to hear. She wants the whole community to come together and to treat each other better than we have. We are not giving up no more as of today. As of today, we are not scared no more. Reporter back at school, those who know monika says she always wanted to be a teacher. She got that wish today. She taught an entire city that no matter how serious your problems might be, you have a better chance if you fight them together. In vallejo, john ramos, kpix 5. Monikas leukemia by the way is in remission but she will have to have chemotherapy treatments for a year and a half. California homeowners who have been foreclosed upon may be eligible for a little cash. California will get nearly 23 million from a mortgage lawsuit with a Financial Corporation over illegal foreclosures. That money from a federal settlement will be directed to homeowners who were foreclosed upon and to people who are under water. It benefits those who have already been foreclosed upon through Cash Payments but the benefit to people who are in their homes is that they will be entitled if they meet the criteria to principal reductions. Those principal reductions will be linked to what the homeowner can afford to pay or the value of the home. The average homeowner foreclosed upon will be entitled to 2,000. He would cry the entire ride home on the school bus. The terrible things police say happened to some special needs students thats now led to a multimillion dollar settlement. Im ryan takeo. 4700 feet up in the sierra. Normally they dont have to deal with dirt instead of snow this time of year and the ski resorts are scrambling. Good evening to you, meteorologist paul deanno University Avenue palo alto. Five shopping days until christmas. I think youll be pleased with the forecast. Ill have it coming up. And an olympic veteran from the bay area says he is gay. Why the timing of his announcement is everything. ,,,,,,,, big deal because hes headeo the Winter Olympics in russia. Part of an openl on a famous bay area figure skater came out today. Its a big deal because he is headed to the Winter Olympics in russia. As part of and openly gay delegation of athletes. Kpix 5s brian webb with how u. S. Athletes are making a statement about antidiscrimination. Reporter kids cant get enough of ice skating at the rink along embarcadero. But the sport itself is taking on a bigger meaning in the discussion on discrimination. Good for us to stand up for that and fight for human rights throughout sports and things that bring the world together like sports and music. Not necessarily see the olympics so much as a forum for social statement. Reporter president obama is skipping this years olympics in sochi. Instead, ucberkeley chairwoman Janet Napolitano will lead and openly gay delegation including tennis great billie jean king, ice hockey medalist Caitlin Cahow and now gold medal figure skater brian boitano. Its being seen as a way to denounce russias antigay propaganda laws. One of the things im looking forward to is maybe some gay and lesbian athletes bringing home the gold or silver or bronze, uhm, which i think would go a long way in rejecting it the kind of attitudes that were seeing. Reporter boitano has always kept his private life private. He is currently in italy but sent out a Statement Today that includes the announcement that he is gay. Quote, first and foremost, im an american athlete and i am proud to live in a country that encourages diversity openness and tolerance. As an athlete, i hope we can remain focused on the olympic spirit which celebrates achievement in sport and by peoples of all nations. Reporter so ice skating is now part of a bigger message on diversity that is spinning around the globe. Back here at the rink on embarcadero, skating is still just about having fun. Russian laws have raised questions about what could happen to athletes who wear badges or carry flags supporting gay rights. Russian president Vladimir Putin promises gay athletes will not face discrimination in sochi. Liz . Thank you. Every winter thousands of skiers and snowboarders flock to the sierra for their fix. This year, ryan takeo shows us things are different. Reporter this canyon view is hardly ever this green this time of year. Yeah, theres no snow out right now, huh . Reporter if youre expecting fresh sierra snow, you probably are disappointed. The central sierra has only had one quarter the average snowpack this time of year. At sugar bowl only five lifts will be open this weekend. Eight others will be closed. Not a good sign for them. And we have about 2 out of that system that moved through last night so that definitely helped. Well take what we can. Reporter in truckee the citys plow driver had to search for snow. Last few years, its been slow. Its been we need some snow. Reporter he knows how vital it is to truckees economy. If it doesnt snow, its going to be tough for everybody. Reporter while all the rentals are taken at this Property Management company, outoftowners have one question on their minds. Everybody wants to know if theres snow. Reporter what do you say . Theres a little bit. You know, theyre blowing it at the resorts. The snow guns are going, 24 7. Reporter these snow machines might as well be making money. The ski resorts are having to adapt. Its still snow. Its just manmade. If anything, it offers a more secure base for when mother name dumps is on the pow on top. Reporter that pow, powder, can come in a flurry. Thats what the resorts hope. And the area is ready that will make more work for you. Yes. Bring it on. Many here are waiting for just a couple of days of that sierra snow that is heavy and wet. In blue canyon, ryan takeo, kpix 5. Dump some pow. All right, those ski resorts say they are thankful that its been cold enough to even make snow during the day, too. They claim you wont be able to tell the manmade stuff from the fresh powder. Better than nothing, i guess. Fresh pow. All right. Paul, live on the streets of palo alto tonight with our mobile weather lab and turns out its going to be a perfect night to do a little last minute shopping. Reporter all those last minute shoppers a lot of other parts of the country dealing with cold, 10, 15 degrees, they are dealing with snow, they are dealing with chevy rainfall, our weather for all those last minute shoppers it is just about perfect. We have so many choices around here in the bay area. You have oakland. Youve got san jose. Youve got santana row. You have a place like University Avenue in palo alto. Great spot, a lot of folks out tonight and the weather for this time of year simply couldnt be more perfect. Take a look at whats going on now. 51 concord, oakland 51. San jose 52. San francisco coming in at 52 degrees. It will be a chilly night tonight. There was a front that moved through today. Cant get any rainfall from it but well get some cooler air. Had a breezy day today. Overnight tonight 38. Concord 35. Vallejo 39. San francisco 42. Satellite shows the departing run with low pressure off to the east. The difference between low pressure and High Pressure causes the winds. Thats a pressure gradient. Its a strong one today as we have a big ridge of High Pressure building in from the west and that low pressure departing to our east. Now, as that low moves farther away, the win will relax, breezy in the higher elevations. Then that big ridge of High Pressure builds back in and will hang out for a week. That means dry weather. We have been talking about needing rainfall but this will be great weather to get outside for each of the next seven days. These are your highs tomorrow. San rafael and fairfield 62. Redwood city 59. Sunshiny day up in napa county, the city of napa checking in at 64 degrees for your friday. Saturday and sunday, good stuff to get outside. Mid60s inland. And low 60s near the bay. And weather winning streak continues. Really lastminute shoppers on monday and christmas eve, still sunny, still dry, mid60s, and Christmas Day if the kids want to try the new toys they got from santa outside, the weather will cooperate once again. Each of the next seven days dry. Beautiful University Avenue in palo alto like many main streets in the bay area, they do it up nicely for christmas. And a beautiful night to the go outside and shop, maybe hit your favorite restaurant. Meteorologist paul deanno, back to you. Sounds good. Absolutely. Thank you. Reporter smells good, too. Well take your word for it. [ laughter ] still ahead, what police say happened to several special needs students that led to an 8 million payout. Why the concern over a massive target Security Breach is now followed boy a lot of confusion. We are counting down to the 49ers last regular season game candlestick park. You can see it here on kpix 5 monday night followed by the 5th quarter and byebye baby our special look back at the stick. That put you on their gift list . Free with activation. Free Android Phone . . yes please. Plus, aio has a reliable nationwide network and no annual contracts. Its like the presents just keep coming a Wireless Company that puts me at the top of their list . Im in stop by your neighborhood aio store or visit aiowireless. Com. Mcmath has one christmas w theyre asking oakland Childrens Hospital to keepr alive during the holidays. Also want the hos the family of 13yearold jahi mcmath has one christmas wish. They are asking oakland Childrens Hospital to keep her alive during the holidays. They also want the hospital to provide a feeding tube and give them at least 48 hours notice before she is taken off life support. Doctors declared mcmath brain dead this week. It was after she suffered a heart attack following a routine tonsillectomy. The families of 8 special education students are going to share an 8 million settlement. It stems from allegations that a teacher at an Antioch School hit, slapped and verbally abused the children. Da lin spoke to the parents of one of the victims. Reporter this tearful father feels guilty for the abuse of his autistic son at this Antioch School. I failed miserably at recognizing some signs that my son was giving me. Reporter one of those signs was the 6yearold would be scared to go to school. We attempted to take him out of a car and him not speaking but grabbing the door and i forced him and i dragged him. Reporter larry and Meaghan Evans son doesnt speak. They couldnt get him to say what was happening. They noticed he would cry every day leaving school. His behavior also changed. My son now thinks that being aggressive and being violent is the way to get anything. Reporter the evans eventually took their son out of mno grant elementary. Two Months Later Police told them their special