two transit workers are dea after they were hit by a ba trai latest on the in two transit workers are dead after they were hit by a bart train. just ahead the latest on the investigation and reaction from the striking union. we look ahead, the first sign of rain in a long time. the forecast coming up. no matter what you call a super majority in both houses, there's only one power at this moment in the state. a new era in sacramento. how major changes in california's political structure have been affecting the way the state is run. good morning. it's 7:30. it's sunday, october 20. we've got a lot of news to cover, including bart board

president coming in live. we're going to get the latest update on what's going on there. also the legalization of marijuana proposal gaining steam. a tragedy on the bart system. a train hit and killed two workers inspecting the track. >> it happened yesterday afternoon just before 2 p.m., and now the federal ntsb is taking over that investigation. >>reporter: you're hearing the radio transmission between a dispatcher and train operator as the accident happened. behind those tarps the bodies

of two bart workers, an employee and contractor. one was supposed to do the inspection, the other supposed to be the lookout for oncoming traffic. both said to be experienced on the tracks and around trains. >> their specialty is track work and understand the railroads and understand how to work around moving trains. they were doing today what they've probably done 100, if not 1,000 other times in their career. >>reporter: bart officials say out of service train was on a routine maintenance run with an experienced operator and several others onboard, but being controlled by a computer at the time of collision. >> our hearts and prayers go out to the families of two workers who have just been killed on the bart track. >> stop, stop, stop. >>reporter: investigators will try to determine how the people on the tracks and people on the

train didn't know about each other, why they didn't see each other and if the warnings to stop could have saved lives. >> the unions react and obviously with sadness and also caution. >> there was a memorial for the victims last night, but were careful not to assign blame. >>reporter: union members lit candles and carried signs in remembrance of those who died in the accident. >> wishing it never happened, and unfortunately it did. >>reporter: . >>reporter: some say this

accident did not have to happen. >> i think this could have been avoided, but that's my opinion. >>reporter: one worker said there are protocols to avoid this type of accident, and the train should have been in manual and going only 20 and there should have been a series of horn blasts and warnings. for months unions have been warning that allowing untrained workers to work could cause this. the accident happened during high level talks. neither management nor the unions would say what the tragedy could mean for negotiation. >> we're not here to talk about work. two men are dead, and this is extremely tragic situation, and i think that's where we need to keep our eyes focused. >> traffic in much of the bay area is moving about as slowly

as the bart labor negotiations. if you had to be on the roads, you know it was a mess in areas normally served by bart. here's what it looked like last night as the bay bridge toll plaza backed up and the interchange. just trying to get onto the bay bridge from san francisco was a major headache. take a look at this, first and harrison, bumper-to-bumper for much of yesterday evening. it's unclear how yesterday's accident will affect negotiations between bart and its workers unions as this strike continues. stay with kpix5 for continuing coverage on the talks and investigation into the deadly accident. again, we'll be joined by the bart board president coming up in about 15 minutes. an early morning crash on highway 24 has most of the eastbound lanes near pleasant hill road closed right now. the three left lanes are shut down. only the slow lane is open. there's a traffic alert, and there are major injuries

involved. no word on when the highway will be completely open. in other news, investigators searching for the cause of a fire that displaced four families in walnut creek this morning. the blaze raced through a two story apartment building. by the time the firefighters arrived the flames had ungulf had the units. no one was hurt. a hospital orderly reportedly walked over a missing woman's body twice a week before it was found in a stair well at san francisco general. the chronicle reports that a worker told a nurse that he saw an unconscious woman and the nurse told the sheriff's department which handles security at the hospital. lin spaulding had disappeared from her hospital room september 21 and was found more than two weeks later. it's not clear if spaulding was align when the orderly saw her or how the sheriff's department responded. a showdown at the california mexico border ended badly for a carjacking suspect.

federal border agents shot and killed a man after a wild chase that started in riverside county yesterday. the california highway patrol followed him down interstate 15 toward the border and drove towards customs officers, when they opened fire. two convicted killers are back behind bars this morning in florida. they used an elaborate plan to forth documents that allowed them to walk out of prison. they didn't get very far. >>reporter: police found joseph jenkins and charles walker at a hotel in panama city, florida, just 100 miles from the prison they escaped from. no one was injured during the arrest that came hours after family members urge had the men to turn themselves in. >> we want you to surrender to someone who you trust who will bring you back in safely. >>reporter: the two men were serving life sentences for

separate murders, but both were allowed to leave after the prison received forged documents of their release. >> she had no idea he was coming. >>reporter: amazingly both men followed florida law and returned to jail to register as freed fell on. they were fingerprinted and then watched as they walked out the door. authorities realized the mistake and launch had a massive manhunt. by that time jenkins and walker were on the run. the state is now revealing old files to see if any other inmates were released early because of forged documents. >> it's believed that other prisoners may have used the same scheme. prison must now verify with judges before letting an inmate out. if you're one of the thousands trying to apply for health insurance under the

affordable care act, it might take patience and determination to get enrolled. the white house says about 476,000 applications have been filed since the health care program went online at the beginning of this month. still unclear how many people have actually enrolled in the insurance markets. many applicants say the obama care website is less than user- friendly. in canada a huge fireball is burning in alberta this morning. a tanker carrying liquid petroleum gas jump had the traction and exploded. it's too dangerous to put it out so they're letting it burn out. about 1,000 people from a village were evacuated, but no one hurt. coming up, ""face the nation"" with bob schieffer. mitch mcconnell interview and talking about the future.

that's on ""face the nation"" on kpix5. transit trouble. >> how long will this bart strike last? we'll speak with the president of the transit agency board. they're rakeing in the millions in mountainview. the sky is the limit for google's soring stock. a beautiful sunrise this morning. you can see the evidence here. it's mostly 40s and 50s, but look at santa rosa, 37 degrees. we've got a lovely sunday on tap, and then a few changes. we'll be talking about it after the break. on friday, all eye,, is ,, ,,,,,,,,

on friday, all eyes will ben google stock tomorrow. shares of the mountain view internet giant closed above thousand dollars. that's a one-day increase of 13- per. that's a long way from 85- dollars back in 2004. reaffirming the old adage tt hard work does pay off.

".to think that if these gu who were in my shoes 15 yea ago can creat this amazingly awesome company that maybe n do something that great too" analysts credit google's sus to the company's adaptationo mobile devices... in additio advertising revenue generat from those devices. (anchors toss to weathercas brian hackney with your pint forecast. brian hackney - thank you. looks like sunny skies for google. >> it's been a nice weekend so far. >> i'm happy that you're in approval. it looks like it will continue for the next few days. mostly clear skies inland, but plenty of fog along the shoreline. upper 50s around the bay. we'll be low 80s inland by the end of the day.

right now as we look toward the bay bridge and sunrise, concord has 46 degrees, oakland 50, livermore 48 and santa rosa 37 degrees. later today the numbers will top out low 80s inland and mid 70s around the bay with plenty of sunshine. there's a low pressure center spinning out in the pacific and a low will be in the forecast by next week. high pressure is in command for the time being, so a sunny day today. it's going to be nice. very pleasant week ahead, but then late in the week the possibility of a few showers finally beginning to crop up. you can see in the temperature trend the numbers drop a little bit between now and wednesday, about a degree a day we'll lose off the highs. here's the forecast for the bay area. san jose topping out in the 70s.

livermore at 83. san francisco 69 degrees. extended forecast is calling for plenty of sun this week after the fog, which is dense along the shoreline. then increased clouds friday night and saturday, a few showers. it doesn't look like a huge rainmaker, but things could get a little wet around the bay area. now let's get the latest on the news. back to the bart strike this morning. talks appear to be at a standstill as the strike continues into a third day today. the transit workers walked off the job friday morning following a marathon 30 hour negotiating session. so tomorrow we'll likely have to find alternate transportation again. >> the question is, is anybody negotiating behind the scene? also an update on that collision yesterday that resulted in two deaths. joining me this morning is the president of the bart board. we asked the union representatives to appear as well, but they didn't feel that it was appropriate this morning. you are the person in charge of

bart right now, so the question is, what is the latest on the accident reports? >> on the accident, we're all still staggered from this accident we've had in the middle of this labor dispute. we've had this loss of two of our coworkers. one thing, it's sobered everybody up. i was actually with one of the union workers when we heard the news and it struck us that we need to end us. we lost members of the bart family. on the accident itself, the national transportation has come in and put us under a gag order and said that further updates are going to come from them. >> was there any idea of what went wrong. >> we don't know yet. >> if you're under a gag order, we're not going to get too much more on that subject. let's move on to the talks.

you said you were in talks with a union leader when the tragedy occurred. tell us about that and is there a possible way out? >> we're trying to get talks restarted. i think we've got a few options at this point. we put a contract on the table on sunday that we think is a great offer. we've asked the union, take to your membership for a vote. we haven't had a single vote yet. atu offered to do that. it will take a few days. they have bylaws this will say maybe five days. another option is continued mediated talks. i think we were crushed when talks broke down, and on thursday we really felt that the mediators were doing a fantastic job, bringing the two sides together. they were trying to put together a comprehensive package to look at wages and benefits and things the unions

were seeking and the efficiencies we were seeking into a comprehensive package. we're working with a federal mediator. we both need to talk to him separately and let him know what we're willing to move on, and then he'll see if there's enough common ground and could there be enough movement for talks to be successful, or are we still at impasse. he's working with both of us right now to do that. >> if the mediator says there's something here we can work with and people go back to the table, do bart workers go back to work? >> that's the decision for the unions to make. >> a lot of talk about the work rules. when i talk to people on the street, they say these work rules range from everything from people getting their pay stubs handed to them in paper, which a lot of people say that sounds ridiculous to scheduling and over time issues, something that sort of has money at the core. everyone says that if these work rules aren't that big a deal as they're sort of being

characterized, why not just toss them out and send them on to arbitration and take the deal? >> one of the big ones for us is the past practice rule, which the unions haven't even agreed to put to arbitration. they basically said, we're not accepting the management's proposal. that was a big one for us. the other part of it, the arbitration package we were offered by the unions was, we'll take the thinks we like out of the comprehensive agreement and take the other to arbitration. we've said another option would be to take the two proposals, our last two proposals to arbitration. >> are you going to be meeting today? >> we intend to, but they're meeting with a mediator and then we'll circle back. >> we're having talks about how to get the talks started again, is that it? >> that is it. the mediator is trying to see which way forward.

>> do you have knowledge on whether we're going to have the talks start again maybe monday? >> i'm not a better man, but we're trying to get it started as soon as i can. i think it's imperative to at least let the public know how it's going to end. >> for the public, monday, tomorrow, should they prepare for the strike still being on. >> unless they hear from the unions today. >> here we go. bart board president, i want to thank you for coming by. please stay in touch because we have hundreds of thousands of people out there being affected, and also this tragedy. we'd like to see something get done. >> me too. thank you. remembering the alamo in a much different way. how the historic landmark became a backdrop for the debate over gun control. ,,,,,,,,,,,,

i want you to know stuff i want you to be kind. i want you to be smart. super smart. i want one thing in a doctor. i want you to be handsome. i want you to be awesome. i don't want you to look at the chart before you say hi...david. i want you to return my emails. i want you to keep me doing this for another sixty years. at kaiser permanente, we want you to choose the doctor that's right for you. find your perfect match at kp.org and thrive.

the alamo bearing arms. three to four hundred gun toting texans held a rally outside the alamo yesterday called "the come and take in antonio." there was a rally outside the alamo calling attention to the ordinances. democratic lawmakers have enjoyed a so-called super majority for several months

now. >> how did the democratic domination affect the way the state operates? what's so super about the super majority? >> they said prop 13 is going down and there's going to be liberal legislation. it's been a mixed bag. the chamber of commerce, a very conservative body, said they were kind of happy with what happened. 37 of their 38 top job killer bills never came to fruition. >> no matter what you call the super majority, there's only one power at this moment in the state, and that's jerry brown. that's the way it's been for this entire length lay tiv

session. whatever he says goes. jerry brown was never a flaming progressive or conservative. he was none of the above. he was just jerry brown, and that's what he's doing. >> the other thing that's changed is the rules. the top two primary you have more conservative democrats. you are going to see even more conservative democrats rise up and being funded by the chamber of commerce in the next year. >> you have more than that. obviously you have the business of people having to run in the general election rather than winning in the primary, but they're runing in neighborhoods that picasso didn't draw. >> when i served there, it was eight and a half years, and neanderthals like me stayed forever. now 12 years, suddenly you don't have people looking for new jobs on the day they're elected. >> right. there's a ton of freshman in the class, and a lot of them didn't know where the bathroom

was. >> 41 to be exact. >> and they're not going to be overturning prop 13 and probably weren't even born when it was around. >> we had a super majority are but is it big enough to override a veto? >> a lot of these democrats are very conservative in the central valley. they're not bay area democrats. they're a different breed of democrats. it's a fluctuating mix. >> as a matter of fact, phil, the legislature would now have to be viewed as more of a moderate body than a swinging liberal body. when john burton was there or that crowd, they were powerful onto themselves. this collection of people have virtually no interest in overriding jerry brown's vetoes and no interest in challenging whatever he does, so the super majority is turning out to be in numbers only, not action.

>> a lot of people had high hopes for that super majority. what do you think the republicans can do to capitalize to take some of their control back? >> what they do is team up with the democrats. the more moderate democrats as joe was pointing out, this has gone from a super lib to a more moderate party. in the future if republicans want more control, they team up. you reach across the aisle, and it becomes libs versus conservatives and moderate are the swing in the middle. >> if everybody gets a little more moderate it might not be a bad thing. >> there wouldn't be as many fireworks going off, but maybe they'd get something done. big changes for one of the nation's most popular lottery. >> the effort to make megajackpot even bigger. the new debate over marijuana in california, whether to legalize it for

recreational use. we'll be right back. ,,,,,,,,,,,,,,,, the great american novel.

so you can happily let life get in the way, while planning for tomorrow. so you can finish the great american novel banking for the life you have investing for the life you want chase. so you can workers... hit by a bart tr just ahead... the investiga into the deadly acciodent, d reaction from the unions. a sad twist to the on going

bart strike. two workers killed at the traction by a train. maybe a few showers later in the week. we'll talk about that. is it the next step or is it going too far? should california legalize marijuana for recreational use. >> welcome back. the time is 8:01. good morning. we have a lot to talk about in the next half-hour. we're also going to be joined live by our congressman. it has been a rough ride in washington during his freshman year. where do things stand? first the big story. >> an early morning apartment fire in walnut creek. >> investigators are searching for the cause that displaced four families. the blaze raced through a two story apartment building. by the time the firefighters arrived at about 1:45, the flames had fully ungulfed four units. no one was hurt. a deadly accident on the

bart traction. two workers were inspecting the traction and were hit. it happened about a mile north of the walnut creek station. now the feds are taking over the investigation. >> bart emergency. >> go ahead. >>reporter: you're hearing the radio transmission between a dispatcher and train operator as the accident happened. >> we just struck some individuals on the c-1 track. >>reporter: behind these tarps the bodies of two bart workers, an employee and contractor. they were checking a reported dip in the track and by bart procedure, one was supposed to do the inspection, and the other was supposed to be the lookout for incoming traffic. both said to be experienced on the tracks and around trains. >> their specialty is track work. that means they understand the

railroad and understand how to work around moving trains. they were doing today what they have probably done 100, if not 1,000 times in their career. >>reporter: officials say out of service train was on a routine maintenance run, but being controlled by computer at the time of collision. >> our hearts and prayers go out to the families of two workers who have just been killed on the bart track. >> stop, stop. >>reporter: investigators will try to determine how the people on the tracks and people on the train didn't know about each other, why they didn't see each other, and if the warnings to stop could have saved lives. >> they may be bart employees. >> union's representing bart workers are ex%ing sadness and

held a memorial for the victims and were careful not to assign blame. >>reporter: somber strike march, carrying signs in remembrance of the workers who died in the accident. >> wishing this never happened. unfortunately it did. >>reporter: patricia, the president of ask me local 3993 which represents one of the men who died said that bart made have assigned managers to fill positions they do not usually work because of the strike and that this tragedy did not have to happen. >> there's no way that managers could be trained and be up to speed certified, so i think this could have been avoided, but that's my own opinion. >>reporter: one worker told us there are protocols to avoid this type of accident, and that the train should have been in manual and going 20 miles per here and there should have been a series of horn blasts and warnings. for months unions have been

warning that allowing hastely trained managers to work during this time could lead to tragedy. neither management nor the unions would say what the tragedy could mean for negotiation. >> we're not here to talk about work. two men are dead, and this is extremely tragic situation. i think that's where we need to keep our eyes focused. >> it's not clear how yesterday's accident will affect negotiations between bart and its workers as the strike continues. stay with us for continuing coverage of the talks and on the investigation into the deadly accident. a disturning new twist to the story of the woman who died at san francisco general. an orderly reportedly walked over her body twice a week

before she was found in a stair well. the san francisco chronicle reports that the worker told a nurse he saw the unconscious woman and then the nurse told the sheriff's department. lin spaulding disappeared from her hospital room september 21 and was found more than two weeks later. it's not clear if spaulding was alive when the orderly saw her or how the sheriff's department responded. two convicted killers are back behind bars in florida this morning. investigators say they were able to falsify documents that allowed them to actually walk right out of the prison. police found joseph jenkins and charles walker at a motel in panama is icy, florida, just 100 miles from the prison they escaped from. no one was injured during the arrest and it came hours after family members urged them to turn themselves in. the state is reviewing files to see if any other inmates were released early because of

forged documents. the white house says about 476,000 applications have been filed since the health care program went online, but would not say how many have enrolled. there have been a lot of glitches since the program was rolled out. it is a first term full of drama for the bay area's newest member of congress. >> we're going to sit down live with the dublin democrat. also ahead, sports action, including the san jose sharks. will they start the road trip on a winning note? the forecast starting on a winning note. right along the shore, though, it's socked in with fog. that will change as the day goes on and the overall pattern is going to change later in the week. the forecast coming up after we attend to generating a little bit of revenue. stay tuned. the sharks entered last ni,,

blemish on this season's re. pavelski scored tw

welcome back. the is that entered the game with just one blemish on the record. >> san jose douse had the calgary flames 6-3. they have seven wins as they begin a 5- game road trip which starts tomorrow in detroit. stanford bounced back from last week's disappointing loss. also california was pommeled by arizona state. homecoming is at spar tan stadium this coming weekend. a lot of things going around the bay area, and what kind of weather are they going to be having? >> foggy in san francisco for the next couple hours, but the rest of the bay area is looking nice. we've got mostly sunny skies inland, but dense fog along the shoreline as we look at the satellite and radar. that will peel away from the

shore later in the day, but right now the numbers are ranging from 37 to 50. 37 at santa rosa. san francisco 49 degrees. by 10:00 the numbers recover to the 50s for most of the bay. inland below 60s by 10:00 this morning. still fog along the shoreline. high pressure off the pacific northwest will bring sunshine, warmer temperatures ahead, but later in the week the high relocates down into southern california and low pressure approaches from the mid pacific. that pattern change means that we at least stand a chance of showers by probably next weekend, late friday, early saturday, but that's late in the week. in the meantime we get sunshine, clear skies, chilly nights and plenty of sunshine all week this week. pinpoint forecast, 84 at sacramento and 87 at fresno.

pinpoint forecast, san francisco's exactly where it should be this time of year. we're looking for temperatures of 69. livermore warmer than usual by 7 degrees and san jose just about on par. down in the south bay, 77 at mountain view and east bay numbers nudging low 80s, lots of sun. the north bay, 78 at sonoma and plenty of sun. along the shoreline a little cooler. the numbers will be low to mid 80s. so still plenty of warmth around the area. we'll bring the temperatures down about a degree a day. maybe a shower or two in the bay area. sunshine in the meantime. the government is fully

reopened. a partial shut down ended thursday after more than two weeks with an agreement to fund the government through january 15 and extend borrowing authority through february 7. could this end bring a change to the political dynamics in congress. >> joining us is the democrat from dublin. let's find out how this agenda is and where we go. we're going to do this all in a couple minutes. >> sounds good. >> the first question. while the leaders were up in front of the television daily, what was the rank and file lawmakers doing? >> many long nights waiting for votes to come forward. i have this group that i helped form, about 30 members of the freshman class, 15 republicans, 15 democrats in the group. we met almost every other day and the last day we endorsed the senate plan and delivered our leaders about half of our group. >> a lot of america was looking

at this partial shut down and wondering what they selected to shut down. they shut down alcatraz and the national parks. couldn't the administration have found other places to make the cuts? >> i think making sure social security checks go out, medicare patients are seen. when you shut down the government, you shut down most of the government. so it was frankly i think disgust that long some of these tea party folks are using our veterans as pawns, taking them out to world war ii memorials and saying, we caused this shut down, how dare you shut down the world war ii memorial. i thought the tea party was governed by cnn where they would see a service affected and have this kind of oops legislation, let's fix this, but make sure the head start kid or women, infant and children funding wasn't there. so it was a pick and choose

approach. i think the president is right. if you're shutting down the government, you're going to pay the price for that. >> there's going to be a debate about who was doing what for show, but most of the people i talked to said, okay, it's over, and aside from everybody rush together look at the polls to see who scored what and where and who put points on the board and the gops hurting in the polls, that seemed to be the political story, it seems like more gamesman ship coming out of this. >> the billions lost to the economy is what i look at. the american workforce suffered so now we've got to go back to washington and start growing the middle class. i think comprehend immigration reform has to be priority. we know the votes are there. >> if those are the same people in your moderate sort of cross the aisle caucus, aren't those

the ones that are going to possibly suffer the most when they go back to their districts, targeted for removal, the moderate? >> ironically, yes. but they have to ask themselves, did they go to washington to be held by the tea party or did they go there to make a difference and make america better? i think those 87 showed that they're not going to be beholden to the tea party any longer and i hope they feel the same way on immigration reform. >> if the tea party is your constituency, aren't you supposed to bring that to washington? >> but this is one that wants to preside over a shut down government. why would you want to go there and preside over a government that's not functioning. i think those republicans have to ask, do i want to do something or preside over nothing. >> do you think there's any chance that this changes the dynamic? >> i hope bainer sees that

there's no negotiating with the tea party. if he wants to have a legacy, put the immigration vote up. it passed in the senate with almost 70 votes and we can pass it in the house. the speaker will be revered for generations if he was to buck the tea party trend and move our economy forward. >> he probably wouldn't be speaker for much longer after that either. >> but being over the government that doesn't operate, what does that mean? >> it means that you're on cnn and have power and are at the head of the line. >> that's not why i went to congress. one of the nation's most popular lottery games will never be the same. coming up, big changes to megamillions. mega millions lottery game., ,,,,,,,,,,

beginning with this coming tuesday's drawing, the mega ll be bigger and a megamakeover for the megamillions. it will have the bigger and better jackpot according to lottery officials. players will see a minimum starting jackpot grow from $12 million to $15 million the rules are changing, the white balls increasing to 75 and megaball choices decreasing to 15. >> wonder how that affects the odds. >> i don't think it's in our favor. the bugs have not been worked out when it comes to medical marijuana in california. >> but now a move to legalize recreational pot. we sat down with joe from the san francisco chronicle to talk about this latest effort to make party pot legal. >> the aclu is fronting us right now, like a two yearlong look at how to best legalize marijuana in california.

there will be big money coming in behind that, progressive insurance, the louises, people who have backed it in the past. when this goes to ballot the money will be there. >> mayor, we've had this debate for sometime in california and washington and colorado. usually the polls start showing support, and by the time it gets in front of the voters it drops. >> i think that's the way it happened in the past. i think going forward there will be universal support for the idea of legalization for recreational purposes of -- marijuana. we just haven't done the regulation that need to be done. >> that's key. this is being sold as a way to tax marijuana and regulate it. do they have any idea how they're going to do either? >> no. >> that's what this is all about. they want to study what's going

right in colorado and washington, but they're just getting the rules underway and want to be able to hit the ground running when this is passed in 2016. >> why this announcement now? >> this is before you got any information, any plan, anything like that, yet you bring out the lieutenant governor. what's going on here? >> he is considered to be the star power here. he is the highest ranking state official in the country that said i'm in favor of legalizing marijuana. >> keep in mind that this is a- year-old story. he actually took this position more than a year ago. it's just now the world's catching up. he also sees what happened in 2004. he became the guy so far ahead of the curve that he's doing it

again. >> do you think that could hurt him at all in the future? >> it's always going to be a back and forth. but if the polls and everything shows people going forward, at least it's not sort of the odd position that a lot of people would have said it was 10 years ago. >> there is going to be the factor of money when it comes down to it, which convinces a lot of people. not only tax money that is not being spent, but also the tax money it would bring in. there would be some level of reduction in crime. >> that's a possibility, but it's also key to see what law enforcement does. in the end if they get enough out of this deal if they're comfortable, about you because in past measures, are teens going to have it and are people going to be driving, that's when you see the polls drop. >> it's already illegal when you drive. keep that in mind. we'll be right back. ,,,,,,,,

deaths of welcome back. >> the ntsb is investigating the deaths of two bart workers, one an employee and the other a contractor that were hit as they inspected traction yesterday afternoon in walnut creek. the bart strike is continuing the third day as talks appear to be over a standstill over work rules. there was an agreement overpay and health care. our weather has been really lovely. >> thank you very much, because soon it's going to turn wet. in the meantime i'll take the credit. we've got plenty of sun going around the bay area. oakland 50, livermore 49 and san francisco 49, santa rosa hurt nine and still chilly up in sonoma county. it will be 69 in the city and sunshine a little bit later in the day, but off it a foggy start. the five-day forecast looking for temperatures to slowly

decline, but plenty of sunshine ahead. look at next weekend. we stand the possibility of a drop or 2 by next saturday. we'll see. in the meantime sunshine. so have a great sunday. >> it has been good, and we've been seeing the beautiful harvest moon out there. thank you, brian. this next story is out of my nightmares. a creature that looks like a cross between a giant snake and sea monster. >> for the second time in less than a week a snake like fish has washed-up in san diego county. the research institute and seaworld has been called in. >> i can't look at it. thanks for joining us. we're going to jump over to the cw station. in the meantime, "face the nation" here on kpix. ,,,,,,,,,,,,,,

>> schieffer: today on "face the nation," an interview with a senate republican leader, mitch mcconnell, who brokered the deal with democrat foz get the government running again and keep the u.s. from going into default. wall street responded with relief and stocks went to record highs just hours after the deal was struck. but how badly about the shutdown hurt the government and was it just another case of kicking the can down the road? >> let's be clear-- there are no winners here. >> this is far less than many of us had hoped for, frankly, but it is far better than what some had sought. >> schieffer: in his only sunday interview we'll ask the senate republican leader what he sees as the next step in this continuing drama. plus we'll hear from republican senator lindsey graham, who urged republicans not to shut down the