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. let's get right to christin ayers at bart headquarters tonight. there's 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 who's 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 bart's last best final offer, but bart seems determined to stand firm. >> it's with regret to say we don't have a deal. we have given the district a proposal. we're 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 district's hands at this point. >> with that count proer pose sal on the table it now means it is bart's 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 aren't the only thing both sides can agree on. >> they're not just upset about details in the contract. they're also angry about the way they believe bart management has been treating them. now, from the management's perspective, they want to revisit some of the work rules. >> bay area commuters are not thrilled about an impending strike. >> frustration. >> but bart says it's noes talk tough because some of the work rules are out of date. >> if you have been faxing a report to people, we can't ask you to e-mail it anymore without a mutual agreement. >> bart says its train operators don't even work a full shift, that they only make two round trips about four-and-a-half 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 you're scheduled to work and come in on a regular day off and get overtime even though you haven't worked 40 hours. >> it's a shame to see him come out here only to speak about jamming a deal town the union's throat. >> the union are also focussed on bart management's 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 isn't bad enough tonight, goodrich says ac transit could also go on strike. what's that all about? >> ken, today they issued a 72-hour 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. >> i'm 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

after-school program in the tenderloin through the tenderloin neighborhood development corporation. >> so there's no way you could work from home? >> at at you will. i'm in it to win it with the kids literally from 9:30 in the morning to 6:00 at night. >> this 72-hour notice comes as workers rejected two contract proposals, but why strike now, especially with bart's 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 don't 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 life-threatening 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 there's 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. lake's family in vacaville didn't want to talk, but a neighbor said he was a helpful friend. >> i still don't 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 -- it's tragic.

i mean, we had a fellow coworker lose their life, and i think that sank in really quick and it's pretty emotional. i mean, it's 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 today's standards or is it truly a freak accident here? >> in santa clara, kiet do, kpix 5. >> an all-hands 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 7-day forecast neshgs. ,,,,

these are the hands a pediatrician. these are pioneering advances in heart surgery. and these are developing groundbreaking treatments for cancer. they're the hands of the nation's 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. what's the latest tonight? >> well, we're still waiting for official word, but as we -- the furthest we've heard is there is no teal on the table at this point. the union had made a counter offer to bart's last-best 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 don't 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. we're 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. it's 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 it's 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 it's 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.. we'll have the very latest on the bart situation. get an update then. well, in addition to spying on e-mail and phone calls, the nsa is also scooping up millions of contact lists from e-mail and instant messaging accounts. according to the washington post in a sang l day last year the nsa collected almost 700,000 e-mail address books from yoo hoo, hot mail, facebook, gmail and other providers. why? it's 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 senate's top republican and democrat weren't far apart on the floor. for the first time in recent memory, appear to be not far apart in spirit. >> we've made tremendous progress. we are not there yet, but tremendous progress. >> i share his optimism na we're 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. it's considered a red flag food that's 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 11-acre 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. i'm 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 four-legged 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. >> uh-huh. >> glad he's 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. we're going to stay there the next several days. if you could pt get outside today, don't 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 we'll 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. it's 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 two-thousand-fourteen subaru forester. (girl) what? (announcer) built to be there for your family. love. it's what makes a subaru, a subaru.

or how to get great deals the easy way. you do enough flying around. that's 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. that's 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 i'm proud of her for that. >> it's 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 isn't a trouble-making 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 friend's aid.

>> she goes to a party because someone there says can you come take me home, i want to go home, this isn't safe for me. she gets there, and literally minutes later the police show up. >> when erin's high school heard about the party, though, they didn't 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 school's decision reversed. >> if a kid asks for help from a friend, you don't want that friend to say, "sorry, i can't help you. i might end up in trouble at school." >> erin's mom went to the court for help, but things didn't go as planned. andrew luck makes his monday night debut. i'm kim, and, get your mustard and relish ready. hoting tos were on the menu. that's 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. 2-nothing hole against the cardinals in nlcs wasn't 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 fifth but bailed out by horrible base running from daniel who doubles off second. tossed seven shut out innings. the dodgers win three to nothing. st. louis lead it is series two to one. 49ers are preparing for a road trip that will last over a week after plague the titans on sunday they'll find to london

for a matchup with the jaguars. despite the time away, harbaugh plans on packing light. >> pretty much. go with the clothes on mibach. i'll pack my playbook, a toothbrush and great attitude, and we'll see if we can't encourage the rest of the fwies to do the same. andrew luck and the colts must have left their game at home against the chargers. the only touvendown of the night was courtesy of another pac-12 car, former cal bear allen. he and philip rivers hooked up for allen's first career score. luck loses his monday night debut 19 to 9. the colts are now 4 and 2. it is time for your monday night top five. wasn't coney island on the 4th of july. jim barnett in a hot dog eeth contest 6 to 4. no. 4, before fishing in bad weather, lightening strikes just feet away from a professional boat. and no. 3, the knock off

indiana cricket match, but the high fives after ward are still a work in progress. probably want to leave a mark, right? no. 2 capitals instead he flies head first. does this look familiar? the tojers were animated tonight, none for ma p uig who show boated on a ball that didn't quite make it out, which didn't sit well with cardinals starter adam wayne wright. >> i saw adran doing mickey mouse stuff on third base. >> we are in la so mickey mouse stuff is. >> mickey mouse is always good for baseball. those fies always tee it up again tomorrow, as well. >> no love lost there. >> no. >> okay. >> we're back after this. ,,,,,,,,,,,,,,,,,,,,,,

all right. update you right now on very latest as we know it. negotiations are continuing between the union and bart management. that's the picture right now live in oakland at bart headquarters. a midnight strike ted line has been set. right now, no official strike.

morning news starts a half hour earlier at 4:00 a.m. tomorrow morning. ( band playing "late show" theme ) >> from the heart of broadway, broadcasting across the nation and around the world, it's the "late show" with david letterman. tonight... plus paul shaffer and the cbs orchestra. i'm alan kalter. and now, the mayor of cookietown david letterman! (cheers and applause) captioning sponsored by worldwide pants and cbs