this is kpix 5 news. >> good evening. it's a hot button issue across the country. now a bay area city is taking the lead with a gun control measure on next week's ballot.

don app is in sunnyvale where one part is proving to be controversial. >> reporter: that's right. they say it's not about gun control but gun safety. gun advocates say there's a provision in there about ammo sales that worries them. >> how about if you go there. >> you want to loop in and i'll do henderson? >> reporter: they are campaigning for gun safety law for sunnyville. >> hello: may i talk to you for a minute about measure c? are you familiar with measure c? >> reporter: promoters say it does a few things to improve gun safety. it requires owners to report lost or stolen guns within 48 hours and keep them locked up or disabled with trigger guards. it bans high capacity magazines and requires dealers to record ammunition sales. >> newtown walls the spur for all of this. >> reporter: that was what took the lives of first graders and adults. for this community it's a think national, act local campaign

promoted by the mayor, a retired fire captain. >> we hear every day young adults finding weapons in their homes and going somewhere to another school. just this past week we had two shootings in schools that involved teachers and stuff like that. that has to stop. >> reporter: the city council put the measure on the ballot and private donations funded a single mailing. volunteers do all the rest. >> a public schoolteachers have been killed by their students this week. some years ago i had a student who picked up a gun lying around and killed his sister. >> reporter: gun measures, even gun safety measures worry gun advocates. >> there is a fear that once you start giving ground you lose more than you expected. >> reporter: chris chambers is a licensed gun dealer in sunnyville. >> if sunnyville was the only place that has these kind of measures, my customers will go to the next town to buy ammo. they don't want people looking at what they're doing and purchasing. >> reporter: measure c proponents say they're working on ways to prevent ammo sales

to moving to other communities by working with those in other communities to craft their own version of measure c. the nra already told sunnyvale it will fight measures if voters pass it. a sunnyvale law firm says it will represent the city without charge if the nra sues. homes that have guns have a higher percentage of child gunshot injuries according to a new study. the national academy of pediatrics found 7,500 children are hospitalized with gunshot wounds each year. 500 of those children die from their injuries. and kids in-house holds with firearms usually handguns are more likely to be gunshot victims. a rare sight at san francisco's district today. police cars and caution tape all over chestnut street. police say two people got into a fight around 12:30 near pierce street and one of the men ran off. as our brian webb reports, the suspect didn't get far. >> reporter: crime tape, bullet

casings and blood, the strange sunday scene at a popular san francisco shopping area. >> i went to my window and saw police with guns pointed. >> i seen a suspect dragging the victim with one hand holding on to a bag that victim was holding on to across the street. >> reporter: this is what policetell us. just after noon two men started struggling over a backpack, one beating the other with a gun, firing several shots, then running and hiding in a bush a few blocks away. >> i was watching some people running away on the other side of the street as i was crossing. i thought it was kind of odd. and as i was focused on them, all of a sudden you heard the gunshots. >> reporter: when officers arrived, they found the suspect in the bush and ordered him out. he started running again, but didn't get far. >> proceeding northbound, turned the gun on the officers. several officers discharged their weapons. the suspect was hit at least one time. >> reporter: the suspect survived so far.

and police still on the scene continue looking for clues and interviewing people, some still in their bathrobes, hoping to get to the bottom of this. >> crazy. this is a great safe neighborhood. it's amazing. it's a wonderful neighborhood. >> reporter: the original victim to all this fled the scene with a woman in a blue car. police found him in another county and will talk to him trying to figure out what the fight was about and what was in that backpack. reporting from san francisco,brian webb, kpix 5. >> police are searching for the gunman or gunmen in a deadly shooting last night in vallejo. a group of teens heading to a party from the south bay stopped on the side of the road to fix a plat tire. within minutes someone in a white suv pulled up and opened fire, killing a 19-year-old passenger and wounding as many as 7 others. no word on a motive. this marks' vallejo's 20th homicide of the year. a community is remembering brother and sister killed by a hit-and-run driver on the tenth

anniversary of their death. 10-year-old troy pack and his 7- year-old sister alana were struck by a car. the driver had taken prescription drugs and alcohol. she was convicted of second degree murder and is behind bars. the parents have lobbied against drunk driving and prescription drug use. we looked at the problems that led to the shut down of a castro valley nursing home. the owners reportedly disappeared and left a skeleton staff to take care of 14 disabled patients. the formal complaint filed by the state has a long list of violations, including locking patients inside the facility, serving insufficient or spoiled food, failing to give patients necessary medications, and failing to perform criminal background checks on employees. cooler and in some places down right windy and gloomy here. a live look at san jose tonight. our roberta gonzales is here

with the transitions. >> we transition to autumn with the return of very cool air mass. we cooled 18 degrees in livermore. i fired up doppler radar. no rain here but upstream we are picking up lightning from redding all the way to the sunnyvale area. look at the snow that developed in the mountains outside altour race -- alturas. green on the screen means that you will need to carry your umbrella when you head out tomorrow morning. check this out. monday morning, there you have the commute. some very light precipitation around the peninsula and how much wayne you should expect coming up later on in this newscast. >> thank you. preventing another bart strike. the efforts to keep workers from walking out again down the line and why some say it's probably won't fly. and with no -- how businesses are drawing in tourists. ,,

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week... in the trial of max wade. the 19-year-old is accused stealing fieri's 200-thousa dollar lambo >> marin county, in the trial

of max wade, accused of stealing $200,000 lamborghini from a san francisco dealership in march of 2011. he is also on trial for two counts of attempted murder of a classmate he was infatuated with and her then-boyfriend. prosecutors say wade fired shots at the couple in april of 2012. but no one was hit. wade's attorney insists his client did not commit the shooting or the theft. this friday, bart's unions will vote to a tentative contract agreement. if they pass it and the bart board agrees we should be strike-free for another four years. what about after that? we look at the efforts to keep a strike from happening again. >> so there's clearly something wrong at bart when it comes to collective bargaining. >> reporter: state senator spoke on kpix 5 this morning to ban future bart strikes saying something needs to be done. >> there's a pattern to bart negotiations that it goes over and over again. >> reporter: with so many

politicians keeping cozy relations with labor unions, a strike ban may never get off the ground. >> i don't believe any politician in sacramento who wishes to survive is going to stick his neck out. that's become almost like a third rail. >> reporter: a no-strike measure could gain steam as a voter initiative. others have no strike bans in their contracts but they say there shouldn't be one for bart. >> it's important for workers to be able to express themselves and try to force good faith negotiations. >> reporter: they say there are other things the legislature can do like getting an auditor to solidify the numbers months before the end of a contract. he says the strike has taken a toll on the public's faith in mass transit in general. >> this comes at a time that our california infrastructure is falling apart and we have to get voters to support revenue

increases. >> reporter: the tentative agreement includes the provision that allows bart strikes this year, including the one that bars management from even training replacement workers until a strike actually begins. in the news room, kpix 5. the senator says his transportation committee will likely hold a hearing on a possible strike ban before the next legislative session starts in january. no blue angels overhead, but businesses along the wharf are making the most of it. how they're bringing people in even without fleet week. definitely a change in the air. good evening, everybody from the kpix 5 weather center. we have fired up the live high depth doppler radar. we'll share with you where the streets will be wet for the morning commute as the news continues on kpix 5. ,,,,,,,,,,,,,,,,

fisherman's wharf aren t leg the canceled "fleet week" dh their spirits. this weekend, they held the first-annual "wharf fest".. >> business owners along fran's fishermen's wharf aren't letting the cancelled fleet week cancel their spirits. more than 100 vendors showed off their wares, activities included a chowder competition, an arts and crafts fair and a demonstration kitchen by top chefs on the wharf. >> i think it's great. it brings some local calls. a lot of people that are tourists that are coming through here. i think a plan b is good. >> we knew we couldn't do what fleet week brings but we wanted to emulate what we get in july or august. >> organizers are crossing their fingers that fleet week comes back next year and they say war fest may become an

annual event. perfect weekend for wharf fest. >> today's temperatures dipped a good 18 degrees in many of our locations. actually the cooler air moved in a good day ahead of time in front of the area of low pressure that's now providing rain showers upstream to the north. good evening, everybody. lots to talk about. let's get right to it with our live high depth doppler radar. no rain within the immediate vicinity, but look what's upstream taking a southerly dip heading this way. lightning bolts detected between redding and susanville and that pink you're seeing is some light snow falling around the warm mountains in the northeastern section of the state of california. this is a cold front. futurecast clearly illustrates heavy mist right now associated with that deepening marine layer that never scrubbed away from the coast at all. by 11:00, precipitation noted around the santa cruz mountains. morning, scattered isolated

light showers primarily along the santa cruz mountains and the eastern portion of our district. that's a upon fide cell -- bona fide cell. we have plenty of cloud cover as we take a look at the bay bridge where the temperature is only in the mid-50s but the winds are problematic at this hour, gusting up to 31 miles an hour. temperatures vary at this hour in the 50s. dipping to the 40s and right around 50 degrees in oakland for an overnight low through emeryville into berkeley. here you have it. i like to refer to it as a inside slider right there riding around the spine of the greater lake tahoe area, where we will have snow probably later on tonight. again a futurecast for you one more time so you can plan out your morning commute tomorrow. you have the precipitation on and off again. it won't amount to much. it will wet the pavement. when that happens the oil comes very close to the surface. be mindful of your breaking

distance. accumulations up 5/100ths of an inch. bottom line, cloudy tomorrow. windy with the isolated shower. few sunny breaks remaining on the cool side and the greater lake tahoe area a winter weather advisory up to 8 inches of snow, expect about 6,000 people. could see a few flurries down to about 5,000 feet. your highs tomorrow, very similar to today where we dipped 18 degrees in livermore. yesterday it was 70 in san francisco. tomorrow only 57 degrees. low 60s in san jose. factor in the winds gusting up to 35 and 45 miles per hour in the higher elevation. tuesday remains cool but dry. transition day on wednesday. there you have your thursday and friday with seasonal highs and we introduce a few clouds over next weekend. going to be just down right beautiful. >> not a horror story at all. just a big kid at heart. we will take that day.

don't have to cover up your costume with a big jacket. a lot of talk about the 49ers in london. the outcome pretty predictable, huh? >> actually turned out to be a good two-game road trip for the 49ers. they did what you ought to do against the team. the raiders try to run their record closer to 500. they did it, next. ,, ,,,, the great american novel.

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the raiders got hammered by

cheifs two weeks ago before their bye.. and since oakla >> the raiders at home and drawing a crowd. >> they've got philadelphia next week. they could be back to .500. they are overachieving. the raiders got hammered by the chiefs two weeks ago before the bye. you figured the steelers were primed for their third straight win. pittsburgh kicker missed two field goals and that proved to be fatal. the first play from scrimmage dynamite. woodley bit on the run fake, pryor pulled it back and look at him go, 93 yards for a touchdown. the longest one in nfl history for a quarterback and the longest for any player in raiders franchise history. how about it? he is electric. second quarter when darren mcfaddin scores his second touchdown of the game he carried the ball 24 times, 73 yards. 21-3, blowout, right? not so fast. big ben, avoids the sack. emmanuel sanders 9-yard score.

roethlisberger 275 yards. he had two interceptions. two minutes to go in the game, le'veon bell in, that cut the raider lead for 5. reverse direction, puts the move on brandon ross and he gets in. 21-18. the raiders went 3-out and gave the ball back. after a long punt by king put steelers in deep position. there is the last completion of the game. town the middle they did not have any time-outs left. they couldn't stop the clock and the raiders run it out. they win a wild one 21-18. they got philadelphia next week. if they win it will be 4-4. all week long the 49ers said they could not take the winless jaguars lightly. san francisco went and showed jacksonville absolutely no mercy over 83,000 gathered at wembley stadium in london. first quarter, right to the read option and against the league's worst run defense easy pickings. frank gore, 19 yard run.

two touchdowns for gore. later in the first, this time on a keeper for kaepernick. he gets to the pylon and 14- 049ers. give me the trademark kiss to the biceps. one more kaepernick read option before halftime. he ran 54 yards and accounted for three total touchdowns. the 49ers ran, it was 35-10 fourth quarter. patrick willis stripped the ball, and scuda goes for the touchdown. they are 6-2 and jacksonville falls to 0-8. >> it was an amazing experience for our players and me personally. the beginning of the game when they were playing the two national anthems, i felt like

i was at the olympics. as a youngster i always wanted to be at the olympics. i really got a chill when that guy was singing god save the queen. >> jason campbell getting the start for cleveland trying to hand the chiefs their first loss, did not happen. alec smith to dexter mccluster 28 yard touchdown. have a zip on that baby. two touchdowns today for alex. he did not throw an interception. chiefs win 23-17. they are undefeated at 8-0. cowboys, dez bryant scored two touchdowns but still wasn't happy. final minute, cowboys up 30-24. matt stafford to calvin johnson. no sideline outburst for mega tron after 14 catches, 329 yards. it came down to this. stafford would keep it himself with 12 seconds left. the lions win 31-30. the cowboys fall to 4-4 and dez bryant's temper tantrum continues. the rare day off as the

backup making his n.h.l. start for the first time. 38 days against ottawa. break away, can't squeeze it in. wingels buries it. the big anchor at the big 5, they give a go and finish it off. sharks beat the senators 5-2. their second victory in less than 24 hours. that's an nhl best 10th win. everybody is playing good on the road right now. >> i still say the raiders, if you could have said they would be 4-4 if they beat philadelphia next week, i think nobody would have gone for that. >> that's what i like about you. i would have thought other people would have said i knew this. i saw this coming. >> keep it going, it's a great story. >> i have a note out to hank plant. hopefully he'll respond to your reference tonight. >> he still down loads every newscast and watches it. >> great, thank you. all right, coming up tonight, federal prosecutors

sue a bay area apartment complex for discrimination. plus, we're digging deeper into the complaint against the castro valley nursing home that shut down without warning. the disturbing things inspectors found inside the facility, tonight. that's going to do it for us. 60 minutes is next and your latest news and weather, always on kpix.com. good night. ,,,,,,,,,,,,,,,,,,,,

captioning funded by cbs and ford >> i knew ho it was immediately. >> logan: who was it? >> it was the ambassador, dead. >> logan: when ambassador chris stevens and four other americans were killed last year in an attack on a diplomatic outpost in libya, there were urgent calls for answers. [gunfire] accurate information has been hard to come by, but as you'll hear tonight, for those who lived through it, there is little confusion. >> we have one option -- leave benghazi or you will be called. >> logan: wait a minute. you said during the final planning stages of an attack on an american mission in benghazi? >> it was obvious. >> miller: mike morell was deputy director of the cia and he gave us the only