Good evening everyone im frank somerville. Im gasia mikaelian. The b. A. R. T. Trains are still running but concern looming over the bay area. Both sides returned to the bargaining table about 1 00 this afternoon. After talking all night last night a federal mediator reported substantial progress but didnt elaborate. Reporter tom vacar joins us with the latest, tom. Reporter well there were a lot fewer public sparking flying today but i get the sense that both sides are still very far apart. The Mediation Service is doing a spectacular job coming with creative idea that is both sides will be able to live with and embrace. The package was 57 million. If you want to give us some ideas of how we can rearrange whats in there and still make it under 57 million were open to that. Reporter no word yet on a strike for tomorrow. Obviously if we dont reach ape agreement there could be a strike. But were doing everything we can reach an agreement there could be a strike. The bay area cant continue to go on wondering if there will be a strike. Reporter now if anything changes we will be back instantaneously waiting to see if theres any comments. But well certainly update you at 6 00. Tom vacar, ktvu news. Through your reports weve seen a change in tone among the two sides. We get a sense that people involved in the negotiations are getting tired. Does that affect any wiggle room there might be in these contract talks . Yeah, i think it does affect the wiggle room. I think people do want to come to some sort of an agreement. But yesterday the president of the board said in a very hard tone way, that the 57 million they have on the table is all the money that theres going to be. But some of my contacts inside of the board say theres still a little bit of wiggle room left. Whether that will be allowed has not yet been said. B. A. R. T. Riders were glad to see trains running this morning but many of them are fed up and frustrated with all this dayto day uncertainly of a strike. This morning i wasnt even sure if the trains were running. We cant live like that you know. Most of them make more money than the people that ride their trains. Reporter its just propostrous. This should be been taken care of a long time ago. Reporter most riders say they are staying up to make sure there will be trains in the morning. Ac transit drivers and mechanics could strike this thursday. The agency requested a 60 day cooling off period. The Governors Office is reviewing that request but if no action is taken by midnight on wednesday, one driver says hes ready to walk. Theyre going to give us a raise over the next three years but the raise that we get, the money that were getting is going to the medical cost. Reporter members have rejected two agreements recommended by the leadership. Both sides say theyre ready to start negotiations but theres no meeting scheduled. The pay increase would far exceed any new medical contribution. Right now the atu work force contributes nothing toward their health care payments. Were asking them to contribute the way that other ac transit employees do. Ac transit buses carry some 181,000 people every day. The agency also plans to add transbay buses to the schedule in the evident of a b. A. R. T. Strike. For continuing coverage on the looming strikes threatening both b. A. R. T. And ac transit stay with ktvu and ktvu. Com. You can also always follow us on twitter and facebook for any up to the minute developments. A 7yearold boy is recovering in the hospital after being hit by a light rail train in san jose. Tonight his family is telling us how it happened. Ktvus anne rubin is here with new information on what the little boys sister did just before that accident, anne. Reporter according to relatives she threw a toy and it landed over there on the tracks. Before anyone realized what was happening, the boy went to retriever it. This is where it happened in san jose. Soria rodriguez 7yearold cousin had been leaning over the track. The train simply could not stop on time. I guess he was playing with his older the sister. And i guess he threw something right here. He was trying to get it and i guess the train came and hit him. Reporter the little boy was knocked back to the platform. He was then rushed to the hospital with life threatening injuries. Overnight his condition stabilized and tonight family members say hes awake and asking for his favorite snack. He was talking, crying. I was talking to him a couple of hours ago he is doing fine. Thank god he lived. Reporter a vta spokesperson says people need to be more cautious. Whether you are a 7yearold or youre an adult it doesnt really matter. Everybody needs to be aware of their surroundings while on the platform or crossing the tracks. Reporter the family members agree and hope that others learn from this incident. Anne rubin, ktvu channel 2 news. The fbi and dea teamed up for a major drug bust today in contra costa county. Four people were arrested accused of working for mexican cartels. As alex savidge tells us the four moved drugs up the coast. Reporter fbi agents carried away beings of evidence and a computer from this house in pittsburg early this morning. This was one of six spots raided as part of a large scale drug sweep targeting mexican drug cartels. Federal investigators found meth, cocaine and lots of cash. Many neighbors just could not believe it. Never had any idea those kind of activities were going on. Reporter Yolanda Bragg runs a Health Care Center just a few doors down from a home hit by the raids. Disturbing because overnight this happens and you have no idea. Reporter this operation involves the fbi, dea and county police. Investigators say the four people taken into custody this morning were helping to transport drugs across the border and up to the pacific northwest. We hope todays operation will disrupt that Drug Trafficking lanes that are crossing through our state. Reporter agents were seen tearing apart a truck searching for any hidden come parts that could have been used to transport drugs. Alex savidge, ktvu news. They believe the people arrested were a serious threat to the community. New developments now on the federal Government Shutdown. After first promising a vote tonight on a plan to reopen the u. S. Government. House leaders announced about an hour ago they were delaying a vote. Tomorrow is the deadline for passing a measure to increase the debt ceiling. The decision not to vote follows a day of closed door negotiations and it is possible that the postponement happened because Republican HouseSpeaker John Boehner doesnt have the votes from his own Party Members to pass the measure. Julie haener is in our newsroom now with more details,. Reporter frank the bill discussed today featured a provision that would have ended a medical care provision. The president , Vice President and dozens of aids at least for a time. That could not have been an easy pill for congress to swallow. Still Minority Leader Nancy Pelosi seemed confident that that will drive republicans to a bargain. The impact of not listing the debt ceiling on top of shutting down a loan actually is so catastrophic that there will be some in the Republican Party that will see the light. Reporter pelosis announcement came after the house spoke. A plan to delay a tax on medical devices and tougher verification standards for applicants seeking subsidies. Earlier House Speaker john boehner vowed a solution would come in time to avoid default. Were going to continue to work with our members on both sides of the aisle, to try to make sure that theres no issue of default and to get our government moving. Reporter the Credit Agency is giving the u. S. Credit rating a low grade which is bad news for the united states. At 5 55 how a former prisoner at alcatraz is helping out while the rock is closed. Covered california says consumer interest remains strong to the states marketplace. Open enrollment began on october 1st. More than 600,000 unique visits to the covered california website were made in the week ending on saturday. Since october first Officials Say more than 11 2 million unique visits were made to the website. Nearly 105,000 calls were made to Service Centers and about 90,500 applications were started. A Bay Area Fire Department under fire over an alert. There has to be some sort of emergency. New at 5 30, why the fire chief says he actually did nothing wrong. And is this brother coming to fremont. The new surveillance proposal and why some say theyre being profiled. A Public Health alert about the yellow fever mosquito now here in the bay area. The findings that experts are concerned about. Temperatures are increasing the fog is still nowhere to be seen that means fire dangers ratcheting up. Were also going to talk about concerns in the weather changes tomorrow. [ male announcer ] you can change your tomorrow if you do something today. And theres never been a better time because this year, Devry University has 45 Million Dollars in need and meritbased scholarships and grants available to those who qualify. And this degree can make a difference. In 2012, 90 of Devry University grads actively seeking employment had careers in their field within 6 months. Now is your time. Apply by oct 28th and find your career success in the bay area. Visit devry. Edu. In the bay area. Peack jalapenos, bacon, tomato and avocado. I call it, the avocado da vinci. Create your omlart with dennys build your own omelette menu. Employees of a hair and nail salon had a real mess to clean up this morning. The driver of a saturn drove into their store front. The man driving was not impaired and incredibly no one was hurt. Two employees were the only people inside at the time. The owner says the window has already been fixed and that the salon is now back open for business. A san jose man is set to go to trial in december on charges he beat a woman and forced her into prostitution. 24yearold Kevin Pearl Sims pleaded not guilty at a San Mateo County court. The victim lost her job and began living with sims. They say she first agreed to work as a prostitute but then changed her mind. Sims is then accused of beating her and forcing her back into the sex trade. A handcuffed woman daring escape from a San FranciscoPolice Station is raising questions about police security. 20yearold Sonia Espinosa used a small piece of metal to slip out of her handcuffs. They say she then walked out of the station and disappeared. Police found her yesterday just a few blocks away. She was arrested in connection with an auto burglary case and is now facing additional charges. The sfpd has also launched an internal investigation into her escape. More mosquitoes that could carry a deadly infection have been found here in the state. And were not talking about west nile infection, were talking about yellow fever. Cara lui has the story. Reporter inspectors tell us they found larva at a home four days ago and they will know tomorrow or the day after tomorrow if it is yellow fever but theyre more than certain that it is. Theyre in the midst of extensive door to door surveillance since finding yellow fever mosquito egg in late august. So far more than 1,100 properties have been suspected. About 20 of those properties have had mosquitoes, eggs or larva. Just four days ago inspectors collected another sample, technicians believe will test positive as a yellow fever mosquito. Mosquitoes known as 80s egypty. If we have this mosquito here and it built somebody with denge fever then that mosquito that would then have the ability to transmit that disease to somebody else. Thats what were trying to prevent. Reporter this mosquito hasnt been seen in the bay area in more than 30 years. Vector control says theyre not sure how it got here. Its possible that it was brought over in a plant or other vegetation. They say this is critical to nip this in the bud and that will start by making sure residents make sure theres no standing water on their property. Cara liu. Police are looking for a missing man. Family members think he may be headed to the central coast. Hes driving a white toyota four runner with license plates 4mmv790. I was up early this morning taking my daughter to school, boy it was chilly out there then it turned into a beautiful day. Its very cool in the morning, very warm in the afternoon. Overnight lows last night in the upper 40s in some spots and then we get the afternoon highs in the 80s. You see this fog bank gets pushed away very quick. Thats the offshore wind land to sea. Its creating this very warm weather. Increased fire danger as i mentioned that fire danger is going to stay with us the next 24 hours. Its 83 degrees right now in napa. 78 in san jose so its kind of warm out there. But really, you know its just cool enough that were not dealing with severe fire conditions. A little warmer a little windier we would be dealing with red flag warnings but thats not the case. Were right below that threshold. We have a north wind in napa. North wind in fairfield but theyre not howling. Have seen some winds in the Oakland Hills up to 20 Miles Per Hour. Thats where you would expect the winds to be strong in the north bay as well. Lets stick with the elevated fire danger. Theres no warning no advisory. But next 24 hours were going to be in the same environment. So filled with the wind in the hill its going to come up a little bit. No fire weather advisory or red flag warning but definitely fire danger up. Overnight lows very chilly. 40 in santa rosa, 40 in napa, 49 in fremont. You just get away from the urban center and you will find yourself some low 20s. The city tends to stay a little warmer because of the concrete and reradiation of heat. You will find some frost too. San francisco tomorrow 25 degrees downtown for daytime highs. San francisco today very, very warm. Up into the upper 70s low 80s. 80 in vallejo tomorrow. 82 in antioch. So temperatures tomorrow very similar to what we had today. Very similar. Maybe a little warmer in some places. Maybe theyre about the same. Not a big jump. Tomorrow is going to feel just like today. Cold start, warm end. You got right tomorrow a little warmer. A little cooler about the same. This pattern is going to keep going. And again its nice because its below the high fire danger threshold. So we get this really excellent weather without the heavy fire concerns that we often see this time of year. A little cooler as we head into the bay area weekend. Im always thinking about the bay area. So do i. Never too early. Its a nice looking weekend just lightly cooler. The number of babies born with the help of fertility treatments has now hit the 5 million mark. The first test tube babies as they were called back then was born in 1978. By 1990 there had been 90,000 births using reproductive technology. The number grew to 2. 5 million by the year 2007. And since then the number has doubled to 5 million. This information was presented at an annual reproductive conference in boston. Up next the states prison overcrowding problem heads to the supreme court. Plus honored for his bravery. The soldier who was given the medal of honor today. What he did and the request hes making that is believed no other winner has ever made. Now to our julie haener in the newsroom for what were working on for 6 00. Julie. Thieves targeted his home and hes not the only victim. At about 9 20 is when the dogs were going off. Thats when we figured they popped the garage door. The simple precaution that could have prevented a string of burglaries. And getting clean in the classroom. The unique Program Helping teens fight drug addiction at school. These stories and much more coming up new at 6 00. The u. S. Supreme court heard arguments today in a case involving affirmative action. The question before the justices is whether voters can ban affirmative action through a referendum. In 2003 the high court refused to end affirmative action programs at the university of michigan. Three years later, voters in that state passed a ban on the consideration of a students race in the admission process. Its fundamentally wrong to treat people differently because of the color of your skin, your race, or origin. It is not possible to have diversity without a program that says who are you. What are you about. Reporter now depending on what the justices decide the ruling could have an effect in california where voters passed a similar affirmative action ban in 1996. The court refused to hear a case regarding californias overcrowded prisons. The ruling from the lower court strands we quiring the state to shed 10,000 inmates. Over the past three years california has reduced its prison population by 30,000 inmates after a court ruled that overcrowding refused prisoners of adequate medical care. President obama awarded the medal of honor to swenson. Swenson received the medal of honor for repeatedly putting his life in danger to help his fellow troops in an attack that killed five americans. He was there for his brothers, for their families. As a nation we thank god that patriots like them are there for us all. So, will, god bless you and all the men that you fought alongside. And everything that youve done for us. Video from a rescue pilots helmet camera shows swenson standing watch over another troop. He said after the ceremony that the award is shared with others. But this award was earned with a team. A team of our finist. Marines, army, air force, navy, and our afghan partners standing side by side. And now that team include gold star families who lost their fathers, sons and husbands that day. Theres word that swenson has applied to return to active duty. They also said this may very well be the First Time Ever that a medal of honor medal has returned to active service. A Fire Department is under fire. What the palo alto fire chief says he will do differently the next time he send out an Emergency Alert like this. Also tourists hoping to visit alcatraz may not be entirely out of luck. How a former prisoner is helping out during