talk to us about weather. >> partly cloudy, a little warmer than yesterday but overall not a bad way to start the morning. temperatures vary wildly, mid- 40s in santa rosa to mid-50s in oakland. 54 degrees right now. so take a check of that seven- day forecast. it's not too early to start talking about the weekend. but in the meantime, we have a few workdays left so if you are about to head off to work, the bay bridge toll plaza no delay but there is the usual overnight roadwork towards treasure island. more on the drive coming up. >> thank you. we begin with breaking news at 4:30 out of libya where kidnapped prime minister alley sa dan has been freed. we have a picture of arab news network as gunmen took him from a hotel in tripoli. no word what led to his release but the government suggests libyan forces intervened in some way and the kidnappers did not free him voluntarily. it's believed the kidnapping

was in retaliation for a weekend raid by u.s. special forces that seized a libyan al qaeda suspect from the streets of tripoli. today's a critical deadline for foster farms. three poultry processing plans linked to a salmonella outbreak could be shut down. the usda has threatened to close the plant in california's central valley unless the company presents a plan to fix the problem. foster farms has not issued a recall. the chicken is still on store shelves including this one in san francisco. the company is simply telling people to cook the chicken thoroughly. >> we don't need to treat our food like toxic waste. surprising they wouldn't recall it. >> so far investigators have not been able to link the salmonella outbreak to any specific products. the ongoing outbreak has sickened at least 278 people in 17 states mostly in california. prosecutors have charged san francisco 49ers linebacker aldon smith with three felonies in connection with a bizarre

incident at his santa clara county home last year. kpix 5 reporter keit do has details on the house party gone bad. reporter: this is aldon smith's six bedroom 8200- square-foot $1.7 million party mansion in the east san jose foothills. last summer, court documents say the alcohol was flowing and the guns were blazing. >> like pow, pow! yeah. >> reporter: no, neighbor sarah was not invited. it was a widely publicized party but it was not free. smith's contract is worth $23 million. nonetheless, he charged $10 for admission and $5 for drinks. party-goers started fighting. someone fired a shot into the garage. smith then went to the balcony and tried to clear the crowd by firing a .45-caliber handgun twice into the air. you ducked? >> i did duck, yes. i didn't know what it was. then i realized, what was that

noise? i kind of figured it was gunshots. >> reporter: a gunfight broke out, two people got shot and smith got stabbed. at one point, somebody went into his closet and grabbed one of the assault rifles and began walking around the party with it, a party filled with gang members. santa clara county sheriff's deputies arrived, searched the house and confiscated three illegal assault rifles similar to these. the d.a.'s office says assault weapons are often stolen and used in crimes. >> weapons like this lend themselves to crime and killing as many people as fast as possible. >> reporter: smith bought the guns legally in arizona but broke the law when he 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 tree. he later apologized for that. >> this is a problem and it's something that i will get fixed and i will do everything in my power to make sure that this never happens again. >> reporter: the all pro linebacker is in rehab. when he gets out, the d.a. expects him to surrender.

in san jose, kiet do, kpix 5. >> and if convicted of the illegal possession of an assault weapon, smith could face up to four years and four months in jail. bart's cooling-off period ends tonight and commuters are not happy there could be another strike. the new kpix 5 exclusive poll finds people in the bay area think enough, already. our kpix 5/surveyusa poll finds three-quarters of bay area adults oppose a strike by union workers. kpix 5's christin ayers says, that's not all. the majority of people are so fed up, them a new law. reporter: with the haggling continuing into the night, commuters are tense, torn and at the mercy of a looming bart strike. our exclusive kpix 5/surveyusa poll found that 44% of responders think bart management has made a better case than the unions. what's more, 53% of those surveyed think california law needs to change to ban transit

strikes altogether. >> obviously, as a commuter, it's inconvenient and it's putting a damper on my commute. >> the powers to shut down transportation really cripple a city, it seems to be out of step. >> reporter: such bans are already in place in new york, chicago, d.c. and right here in the bay area. >> even in san francisco, you cannot have a transit strike. >> reporter: orinda city councilman steve glazer, who is running for the assembly, is gathering signatures in support of a statewide ban on transit strikes. christin ayers, kpix 5. >> negotiations resume at noon today and before that the bart board meets at 9:00 and the unions plan to have plenty of people there. bart is also looking for people to give feedback on new seats for its fleet of the future. riders were able to try out three prototypes at the downtown berkeley station. this was yesterday. and we talked to some who questioned the time of all this. >> i don't know why they are doing this right before the

strike. seems like a little bit of a public relations move. >> whatever new seats are chosen, they will be made of 74% recyclable materials and have easy-to-clean surfaces. we just get to get some fannies in those seats come the weekend. [ laughter ] >> nice. some fannies. a fanny tester. >> right. where was that, oakland? >> that was berkeley. >> okay. fun. go check 'em out. okay, so weather today. comfortable, pleasant. those are the words of the day. so a little bit warmer, a touch warmer than what we saw yesterday but should be a great fall day out there. let's take a look at current temperatures outside. we're seeing mostly 40s and 50s. a little warmer today by a few degrees in some places. only 46 in santa rosa but 54 in oakland and low 50s in livermore. so taking a check of some temperatures by later on this afternoon, those numbers will bump up by at least a few degrees especially in san francisco. you notice three-plus high about 67. and this warming trend will continue into the weekend so we'll take a check of the seven- day forecast coming up. in the meantime it is thursday.

we have to get to work on time. here's a live look at traffic cameras and our sensors. this is westbound 580 coming through the altamont pass. no big delays so far just your usual stuff through the livermore valley. eastbound they have overnight roadwork approaching north greenville and here's a live look at the nimitz, 880 in oakland. this morning, it is southbound from 16th down towards high street. various lanes blocked until about 5:00 this morning. and here's the san mateo bridge. this is the commute direction westbound 92. no problems this morning out of hayward and bart systemwide on time. that is a check of your "kcbs traffic." back to you. about 20 congressional republicans will meet with president obama at the white house today in an effort to make some progress toward ending the partial government shutdown. yesterday the president met with how the democrats. he continues to push for a funding bill to re-open the government and increase the debt ceiling before the deadline one week from today. but the president won't accept a budget plan that changes his healthcare reform program,

something house republicans want. in silicon valley, frustrated from furloughed government employees, they may have reached a boiling point. >> we need to let them know argue your politics in d.c. but open the government now. >> we want to work! we want to work!! >> nasa ames employees showed up at moffett field yesterday to protest. more than 1100 workers were sent home last week. 6500 contract employees at the lawrence livermore lab could be furloughed on october 21. and that shutdown is holding up death benefits for families of fallen u.s. servicemen but now a private group is helping. the family of a local soldier will be among those been fitting. lieutenant jennifer marino was killed sunday in afghanistan. she was a former nursing student at the university of san francisco and also a member of the rotc program. that group honored her yesterday. word that the fisher house foundation would pay the death

benefits came as welcome news. >> it thank god the fisher house stepped up and has provided money for the families to be able to -- to receive the body and everything. [ crying ] >> but it's kind of assinine. >> moreno was among four soldiers killed in sunday's attack. governor brown has ordered flags at the state capital to be flown at half-staff in her honor. president obama made it official: he nominated former uc-berkeley professor janet yellen to be the next chairman of the federal reserve. >> thank you, mr. president. i'm honored and humbled by the faith that you have placed in me. >> yellen is currently the fed's vice chair under ben bernanke, whose term expires in january. yellen taught economics in uc- berkeley and was once the head of the san francisco federal reserve. if confirmed by the senate, the 67-year-old would be the first woman to head a major central bank. 4:39. coming up, a teacher tirade caught on tape.

why she says she ended up cursing in front of her students. >> just a jar's worth of trash for a whole year. how one bay area family manages to throw away next to nothing. ,, ,,

patient. but what happened to he it has been confirmed the body found in a stairwell in san francisco general hospital was that of a missing patient there. but what happened to her, that's still very much a mystery. 57-year-old lynne spalding disappeared on hospital grounds nearly three weeks ago. an engineer found her body tuesday during a quarterly inspection of a stairway. hospital officials insist they followed protocol once they noticed spalding had been missing. >> when she was not found, hospital staff notified the family and the sheriff's department on site. the sheriff searched the campus and did not find her. >> the sheriff's department will conduct an investigation now. hospital administrators say they will review the hospital's

alarm and search procedures, as well. san francisco police have no suspects in their latest homicide. a man was shot multiple times at about 4:00 yesterday afternoon. he died on the corner of mission and brazil in the excelsior district 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 transit service for a couple of hours. 4:43 now. the man known as evil elmo will spend the next year in jail for trying to extort money out of the girl scouts. last year dan sandler was spotted dressed up as elmo and harassing tourists here in san francisco. he did the same thing in new york city. yesterday, sandler was sent to prison for threatening to publicize false information about the girl scouts unless they gave him $2 million. a los angeles teacher is caught in a moment of rage. take a listen. >> but i know my [ censored ] don't [ censored ] with that.

i'm tired trying to educate you and you guys resist every step of the [bleeping] way. get the [ censored ] out of here! >> a student recorded the rant on a cell phone at narvon high school and turned it over to school administrators. >> it's not professional. it's like not what you should be doing teaching children our age, people, young adults. so that's not how to talk to other people. >> i'm pretty surprised. kind of strange to hear from a teacher. >> the teacher's name is not being released. she said she had a weak moment and the student who recorded it had been badgering her in front of the class. the teacher is on paid leave while the school district investigates. florida investigators are looking into exactly why a roller coaster got stuck in universal studios theme park in orlando. a dozen people stranded on the hollywood rip ride rocket for two hours last night. the ride stopped working as the car got close to the top of the 1st hill. park officials say a glitch sent the computers into safety

mode which in turn stopped the ride. a rare october rainstorm was a bit too much for parts of l.a. county. a deluge of water and mud all flowed on to i state 5 in sun -- i-5 in sun valley yesterday. it shut down the road and southbound went one lane through the afternoon commute. it appears clogged storm drains was behind the snafu. and there is some more snow, how about tahoe/truckee area, which has seen an unusual amount of winter like weather since the last day of summer. this is what it look like yesterday up at sierra at tahoe in the south shore area right up there at echo summit. >> i like seeing that. >> so cool. >> i do, too. >> i'm more of a sledder than a skier but it makes you excited for christmas and the holiday. no chain requirements out there right now but that same system did bring some light rain to parts of the south bay yesterday. and obviously a dusting of snow there out in the sierra. we are all dry. we are raindrop-free for today and for the next several days, in fact. out the door right now, pleasant patchy clouds, partly cloudy skies along the bay

mostly seeing 50s out there a few low 40s, as well. and by the afternoon sunshine returns staying cool along the coast but it is going to fell a little warmer especially inland. we are going to reach into the mid- to upper 70s. so plenty of sunshine to go around. this high is slowly building. this is a low pressure system that caused all that snow and rain in southern california. well, that's slowly moving out of here and high pressure is building in. a few high clouds to start you off with this morning. then once again temperatures will be warmer by this afternoon. warmer still for the weekend. got a little warming trend heading our way. this afternoon, 60s and 70s. 60s in san francisco. low 70s in oakland. 72. 74 your forecasted high by later on this afternoon. so everyone is talk a's. in fact, we have our own meteorologist roberta gonzales, she is down there and she will be broadcasting there live in just a few minutes giving you the weather forecast. but detroit tigers, oakland a's, sunny and mild for today's

game 5:07, a nice day at o.co. slight warmup for the weekend. we reach into the 80s. low 80s especially inland. let's check your "kcbs traffic" out the door right now. no big hot spots. all the hot stuff is in the forecast. live look at the bay bridge toll plaza. no problems this morning coming into san francisco. there is a little bit of overnight roadwork for the next 15 minutes. nothing to slow you down. frank, you can count the cars. nothing. >> 7? >> for a while it was nearly empty across the golden gate bridge. it is all quiet this morning through marin county up and down the nimitz freeway. southbound it looks like from that 16th towards embarcadero once again we have that overnight roadwork but that should be picked up by about 5:00, as well. northbound really clear this morning past the oakland coliseum. san mateo bridge problem-free in the commute direction. we are getting word of some sort of debris westbound 580 by north livermore avenue but they are working to clear it and i'm not seeing any slowing on our

sensors in the commute direction. eastbound, approaching north greenville they have that usually overnight roadwork. but approaching the dublin interchange this is what it looks like and it is nice and quiet towards the castro valley y. that is your latest traffic and weather together right here every 10 minutes. back to you. >> all right, elizabeth. thank you. most of us recycle and try to reduce our waste. but we have nothing on one bay area family. sharon chin shows us they only throw away one quart of garbage a year. reporter: right away, you ntsb eah john some's minimalist decor. >> we decided the simple life was for us. >> reporter: johnson created a zero waste lifestyle. >> care for the environment waves our catalyst. >> reporter: when she and her husband and two sons moved to mill valley in 2007 they let go of a lot of stuff. these are all the clothes she and her husband own. johnson details her zero waste

journey in her blog and new book. the foundation, five rs. refuse. >> just say no when we are given things we don't need. >> reporter: reduce. >> evaluate the things that we really need and really enjoy and then let go of the rest. >> reporter: reuse. >> reuse by buying secondhand. >> reporter: recycle. >> recycle what we cannot refuse, reuse or -- >> reporter: and rot. >> compost. >> reporter: how much trash does the johnson family actually throw away? you're looking at one quart's worth from the last 11 months. the old passport cover lambnated tickets and produce stickers have nowhere to go but the trash. >> bulk items. >> reporter: so how does johnson achieve near zero waist? she buys in bulk to avoid plastic packaging. >> so i bring my jar to the store and then they refill it at the counter. >> reporter: packs in tote bags

and stores them in glass jars antifreezer. >> they bake the bread and put it straight into my pillowcase. >> reporter: johnson doesn't buy plastic wrap, foil or tissue. in the bam root the family uses compostable bamboo toothbrushes and one soap for all bathing needs. >> we use an [ indiscernible ] stone as deodorant and use cocoa powder on my cheeks as a bronzer. >> reporter: johnson says the zero waste lifestyle has 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 that we really enjoy doing. >> reporter: it's a lesson she says won't go to waste. in mill valley, sharon chin, kpix 5. >> the epa says the average american produces more than 4 pounds of garbage every day. but impressive with this family. >> a little work but it's gone a long way. 4:50. a new treat for happy meals. why mcdonald's is pairing books with the kids' burgers and fries now. >> why some families are upset with the ride policy change at the happiest place on earth.

disablilities waiting longe get on the good morning. grab a sweater maybe a light jacket before you head out the door this morning. that's what it feels like out there. mainly in the 40s to low 50s. 51 right now in concord. a cooler 46 in santa rosa. then we're warming things up by this afternoon. we'll have your seven-day forecast in just a bit. in the meantime, here's a look at your "kcbs traffic." golden gate bridge flowing nicely this morning. no problems across the bay bridge or the san mateo bridge. we'll have more traffic and weather together every 10 minutes on kpix 5. 4:53 now. a new policy at disneyland has visitors with disabillities waiting longer to get on board rides. visitors with disabillities

access cards no longer have instant access to the front of the line. instead, they are now issued tickets with a time to come back for the ride. some families aren't too happy with the change. >> this may not be much of a vacation for any of us. disney is just saying, we'll accommodate you, talk to us when you get here. trust us. and that's -- i can't plan for that. i don't know how well it's going to end up working. >> change comes after reports that people were abusing the old system. no proof of disabillity is required under this new policy, which went into effect yesterday. stock futures are higher this morning following a mixed day on wall street. cbsmoneywatch reporter gigi stone with today's efforts to end one of the stalemates in washington. reporter: house republicans will meet with president obama later today. there are signs both sides may be willing to agree to a short- term deal to raise the debt limit. if there's no agreement by october 17, the treasury department says the u.s. will run out of money to pay its bills. janet yellen says the economy

is getting stronger, but more can be done to help the recovery. yellen was nominated yesterday as chairman of the federal reserve. the fed published the minutes from its september meeting and members of the central bank need more data before slowing its economic stimulus program. on wall street, stocks were mixed yesterday. the dow rose more than 26 points but the nasdaq fell 17 points. there are new signs the housing market is improving. fewer homeowners are falling behind on mortgage payments. the number of u.s. homes headed for foreclosure hit a seven- year low in the 3rd quarter. that's according to realtytrac, the foreclosure listing firm. foreclosure starts declined 13% from the previous quarter. and a new unexpected treat coming to happy meals. books! mcdonald's plans to put 20 million children's books into its happy meals next month. the paperbacks will focus on nutrition and being active. that's your moneywatch. for the latest business news, follow me on twitter #gigi

stone tv. at the new york stock exchange, i'm gigi stone. the stern warning from the government to foster farms over the salmonella outbreak. what will happen if they don't comply. >> and the possibility of a bart strike still looming this morning. it could happen as soon as tomorrow morning's commute. coming up, we'll tell you what commuters think lawmakers should do. ,,,,,,,,,,,,,,

it was the best party i thought then this happened. >> aldon smith's multi-million dollar mansion turns into a gun battle. >> contaminated chicken left on store shelves even after hundreds of californians got sick. >> the usda is threatening to withdraw the inspectors shutting the plants down if foster farms doesn't come up with a corrective action plan detailing how the company will deal with the salmonella outbreak. >> commuters are tense, torn and at the mercy of a looming

bart strike. >> obviously, as a commuter, it's inconvenient. >> our exclusive kpix 5/surveyusa poll finds three- quarters of bay area adults oppose the strike by union workers. >> how a woman was missing for 17 days in san francisco general hospital? >> there are more questions than answers after the coroner confirms lynne spalding's body was found in the stairway at sf general. from across the bay to around the world, the stories that matter on "kpix 5 news this morning. >> your realtime captioner is mrs. linda m. macdonald good morning, everyone. it's thursday, october 10. i'm michelle griego. >> the weekend is getting close! i'm frank mallicoat. nearly 5:00 now. we are going to kick it to liz for traffic and weather. a little double duty for another 15 minutes or so. >> we have roberta out live by o.co getting ready for the big a's game today. so just checking in with your forecast a little update. should be a great day actually. temperatures a little bit warmer today than what we even saw yesterday. we are seeing a lot of upper 40s to mid-50s now. 54 in oakland. up to 56 degrees in vallejo.

so definitely need to grab a sweater, maybe a very light jacket. but you won't need it by this afternoon. it looks like a very pleasant comfortable day. look at that. temperatures going to be anywhere from one to five degrees higher and then we are warmer still for the weekend. stay tuned for the seven-day forecast coming up. if you are about to head to work or school here's a look at drive times. overall in the clear. westbound 580 only 14 minutes between the altamont pass and the dublin interchange. they weren't able to locate whatever that debris was approaching north livermore avenue. it is now out of our chp reports. the nimitz freeway freeway clear all the way towards downtown. that overnight roadwork should be picked up now and westbound 80 is a quick trip from the carquinez bridge to the maze. check check silicon valley ride here's a look at westbound 237 no problems towards sunnyvale. and we'll show you a live look at the nimitz freeway. near the observations coliseum everything was quiet but, of course, traffic conditions could pick up later on