this is kpix5 news. the bigger issues involving health care wages, health and safety, still some big issues out there. >> we don't want service interrupted. >> right now no deals on the bart contract talks. both sides head back to the bargaining table this morning as the bay area braces for a possible strike tomorrow. plus -- >> if you say get real, you might insult somebody so you have to be very careful, very clever, very political and very sensitive, eagles become almost a component of the ultimate settlement. >> and a closer look at the politics behind the talks. do deadlines help or hurt? our political insider weighs in. and we've got rogers and hammerstein to do the weather.

what a beautiful morning. we will have your forecast for your sunday coming up. it is 7:30 on october 13th,. hundreds of thousands of people this morning are waiting, wondering if they are going to be able to find a new ride to work tomorrow depending on what happens today. these bart labor talks will resume in a couple of hours with a strike deadline hours away. negotiators for both sides say they are still hopeful they can reach an agreement. >> i'm always optimistic. you guys know that. i'm always optimistic. we are looking for a deal. we don't want service interrupted so we are looking to make a deal. >> they definitely have the resources available but they seem to be fixed on some certain points and it seems more political than economical. >> we hope we get this thing done, whether or not we don't and whether they do, that's up to them, not us. we don't stop the train. >> the talks will restart at 9:30 this morning to try to head off a strike at midnight.

bart management began negotiating with two unions representing about 2500 people back on april 1st. workers then went on strike for 4 1/2 days in early july, then in august governor brown imposed a 60 day cooling-off period which expired thursday and on thursday the unions postponed a walkout but then issued a 72 hour strike notice and that is where we are today. in our next half hour, bart's board director zachary ma malay joins us in studio. we will following the negotiations as we move closer to the midnight deadline. look for updates on kpix5 and kpix.com. transfer cards using them to buy food have been encountering problems. a technical glitch affected 17 states yesterday including california. it started in the early morning because of a power outage and shoppers kept running into

difficulties throughout the day. xerox says access was restored by 7:00 p.m. but by that time many users had already been inconvenienced. >> i don't know how long it's going to be down, but i know my stomach is growling and i'm hungry. >> my daughter ain't been able to use hers. they don't -- hers -- she thought they had cut her off or something. >> xerox says even during the glitch people could still get emergency vouchers from local retailers but some states limit the vouchers to about $50. new this morning, a close call in hayward, a car careened into the front of a home on pinzon road. witnesses say around 2:45 the car was speeding, jumped the curb and flew into the house. a hayward police officer arrived on scene just as the driver was getting out of the car. >> he went over to the house, looked inside, there was in fact a car that was in the

front living room and he looked -- the car was not occupied but then he saw another person coming out of the house and subsequently identified that person as the driver. >> you may not be surprised to hear that the driver was arrested for suspicion of driving while under the influence. the home has been undergoing renovation so luckily nobody was home at the time and looks like now even more repair will be needed. a quick thinking parent managed to stop a child abduction in lafayette. police say a man tried to snatch an 8-year-old near the lafayette library yesterday morning but the child's parent quickly stepped in. police found that man a few hours later at the library. he has been booked for attempted kidnapping. the transportation security administration's precheck system is coming to oakland international airport. it's like an express lane through the security checkpoint and the tsa will offer the service starting today to travelers flying out of oakland. you need to be enrolled in the

program ahead of time in order to take advantage of it. right now take a live look at capitol hill where the government is shut down for the second weekend. republicans and democrats say they will keep talking but they are not saying if they are getting any closer to an actual deal. according to a white house spokesperson there are several proposals on raising the nation's borrowing limit coming out of the latest talks. cbs reporter susan mcginnis has more from washington, d.c. >> reporter: president obama huddled with senate democrats at the white house saturday afternoon. they went over their options to end the budget dead lock. earlier senate majority leader harry reid and minority leader mitch mcconnell sat down for a compromise. >> the conversations were cordial but preliminary of course. nothing conclusive. >> reporter: reid rejected a proposal suzanne collins put forward but collins says her six-point plan is gaining

bipartisan support. across the were capitol, house speaker john boehner said talks with president obama had stalled. house republicans have a plan to fund the government and raise the nation's borrowing limit for six weeks but they want concessions from the obama administration first. the president insists there can be no conditions on reopening the government. >> it doesn't appear as though the president wants anything except more tax revenue with tax increases yet again. >> reporter: the senate will be back in session sunday afternoon as the october 17th threat of default inches closer. susan mcginnis, cbs news, capitol hill. >> the shutdown is also affecting entrepreneurs who get loans from the government. one business in santa cruz whose plans to expand now on hold. >> reporter: right across from the beach volleyball courts in santa cruz, california, sac davis is co-owner of the picnic basket, a small cafe. and business is pretty good here? >> yes. >> reporter: so davis decided to open another larger restaurant and lease 6000

square feet in the center of town. you've got big plans for the space? >> yeah. this will be one of the bigger spots in santa cruz. >> reporter: he hoped to be open by the end of the year but to do that he was counting on a $500,000 loan from the small business administration. >> we got all the paperwork in and now we wait. >> reporter: government is closed down? >> yes. >> reporter: what's at risk for you with every day that this closure stretches on? >> well, there's a lot of risks. right now we are paying rent, like i said, you know, there's costs that we are incurring on a day-to-day basis that we can't turn on revenue under normal circumstances the sba approves about 250 loans a day, totaling more than $90 million. without his loan, davis can't sign contractors to build the restaurant or recruit staff to run it. >> we would like to hire an executive chef and a general manager to help us with this project but we have to keep that on hold until we know

where we stand financially. >> reporter: so this is costing jobs for other people? >> it is. it is. you know, i have a business partner. we have disagreements. but there is no disagreement that would be so serious that we would close the doors of our business to try and figure it out. that would be the death of our business. it just makes no sense to me. >> reporter: as laid back as life can be here on the beach in santa cruz, zac davis is in no mood to relax. john blackstone, cbs news, san francisco. a statement on the restaurant's website says the owners got permission from the national park service to officially reopen. cliff house is privately owned but it sits on federal land so when the government closed its doors, the cliff house had to as well. the owners briefly reopened monday before the feds shut them back down. they estimate a loss of about $10,000 for each day they were

closed. >> and we will have the latest on the government shutdown on "face the nation" today. bob schaffer chats with senators john mccain and chuck schumer about the gridlock in congress. it starts at 8:30 a.m. right here on kpix5. developing news, people along the coast of india cleaning up following a deadly cyclone. at least nine people have died. nearly a million people were evacuated when cyclone fay lene came ashore. a typhoon in the philippines left at least 13 people dead. typhoon nari brought landslides and mudslides destroying thousands of homes north of ma mill la -- manila. waters reached up to people's roofs but they have now receded. coming up, one search engine's policy change that may have your face popping up on online ads. and we will continue to

monitor the bart contract talks. our political insider talks about the key signs that we may be looking for to close a deal. plus -- >> he truly is a part of my family and he was a complete stranger. >> his life work is helping people he doesn't even know. we will meet this week's jefferson award winner. and starting out with fairly cool temperatures around the bay area, but that's going to change by the end of the day we will be into the upper to mid-70s inland, a little bit on the chill side near the beach. we've got the forecast coming up after a break. ,,,,,,

allows it to use people' lawmakers are questioning a change just made by google that allows google to use people's names, photos and product reviews in online advertisements. google is giving users the ability to opt out those who couldn't find themselves -- who could -- don't want to be in the ads. however, massachusetts senator

ed markey wants the federal trade commission to investigate the change. markey is asking the ftc to see whether this violates a settlement it made and other privacy violations by the company. bay area costco store is recalling rotisserie chicken linked to a nationwide salmonella outbreak. the store recalled nearly 40,000 pounds of roast chicken and related products like chicken soup, chicken salad and leg quarters sold at the -- store between the 11th and 23rd of september. in the old eastern span of the bay bridge will be dismantled piece by piece but those who died on the bridge will not be forgotten. on november 9th those who lost their lives on the old span will be remembered. that's when the chp and mothers against drunk drivers will hold a memorial. growers will try to top the current 2000-pound world record for the largest pumpkin. the grower with the biggest gourd wins a $25,000 prize.

that all starts tomorrow at 5:00 a.m. that's some big money, big gourds, big money. 25 grand? >> it's a big pumpkin. >> makes me want to grow a big pumpkin. >> you would have to be growing it for a while. those people, it's more than a hobby. how are you guys doing? >> doing fine. >> we've got football, pumpkins. what's the weather going to be? >> who could ask for anything more? maybe sunshine. we are going to get it today. numbers topping out in the mid 70-degree range. warmer than that inland. chilly the latter half of last week but now getting high pressure building in and by this afternoon the numbers should come up, even though it's only 42 degrees right now in santa rosa, concord has got 48. more sunshine this morning than we have had the last three days so should be a nice day for the niners to take on the arizona cardinals today at 1:25 p.m., game time temp, 70 degrees and sunny skies. we've got low pressure that is heading out of the state and that means sunny, warming a little bit inland as that high

pressure ridge axis engines a little bit -- nudges a little bit closer to the coast. the temperatures dropping into the low 40s tonight, a slow warming trend for the coming workweek, and inland around 80 degrees by monday. things continue to warm. winds as this pressure ridge replaces a little trough that's moving through today, going to pick up a little bit too but you can see they are not going to be anything dramatic, maybe in the peaks we get some -- you know, a good breeze but by this afternoon, this evening, only 14 miles an hour at san rafael. heading out of the bay area, looks good up at ukiah, 81 degrees, 71 degrees in monterey. 80 at fresno and 54 degrees at yosemite. overnight lows tonight, 55 in the city, 51 in san jose and back in the bay area looking for topping out at 74 degrees, santa clara 73 degrees.

out in the east bay today, 78 degrees will do it. pleasnaton at 77 and in the north bay we will look for sausalito to hit 79 degrees. extended forecast not dramatic changes but a little bit warmer as we head into the monday and tuesday and then by next weekend we will cool it down but all week this weeks looks good to play hooky because the weather is going to be nice. >> managers are going to like that. a north bay man found his calling in some of the worst situations possible. kpix5's kate kelly reports the support he lends in a crisis has earned him this week's jefferson award. >> reporter: in a crisis, police fire and sheriff's deputies are on the scene to help but who helps the first responders? in napa county it's chapman lee shaw. he was a local pastor in 1996 when the napa police chief at the time asked him to help his

officers dealing with trauma on a daily basis. >> i was talking to the officers and i said our number 1 goal is to help you go home at night and for life be better for you. >> reporter: and life is better. lee started a nonprofit called law enforcement chaplain of napa today. today he and his team support police, fire and 15 other county agencies free of charge. >> i have been a chief in other places and i have never seen anything like this. >> reporter: current napa police chief rich melton. >> he has a way of connecting with people in crisis and being able to help and be compassionate and supportive all at the same time. >> reporter: 365 days a year, lee and his chaplains are on call and on scene when there's a traumatic event, calming emotions, notifying families, supporting the professionals as well as the survivors. in the 18 years that lee has been serving as chaplain here in napa, he's helped over 1600

families deal with the unthinkable, the sudden death of a loved one. >> my whole life blew up. >> reporter: chaplain lee was there when marie lost her 3 1/2 -year-old daughter in a car accident 16 years ago. >> we couldn't even function. we couldn't even hold ourselves together. no one knows how to reach out and i lived through it now and there was no one else that reached out other than the chap lancey -- chaplain. >> he truly is a part of my family and he was a complete stranger, complete stranger before the day of the accident. >> reporter: it's a story told over and over again, when the call for chaplains goes out, lee is there, paying his own way to help at ground zero, sandy hook elementary and hurricane katrina. >> i think the most rewarding thing is just loving people and being able to help them and being able to give them hope. >> reporter: so for bringing hope and compassion to his

community of napa and beyond, this week's jefferson award in the bay area goes to chaplain lee shaw. kate kelly, kpix5. >> and you can nominate your local heroes for a jefferson award online, kpix.com, click the logo at the top of the page and then jefferson award to find the e-mail nomination form. the last minute push to avoid a big bart strike tomorrow morning. what it will take to keep workers on the jobs and the trains rolling. our political insider sounds off. ,,,,,,,,,,,,,,,,,,

riders for tomorrow morning prepare for the wors bart contract talks continuing today and the message to bart riders for tomorrow morning, prepare for the worst case scenario. >> we always encourage people to be prepared. we have our buses on standby. we have anywhere between 130 to 150 buses for monday if the unions do go on strike serving nine of our east bay stations going directly into san francisco. >> workers might walk off the job when the 60 day cooling-off period ends in less than 24 hours from now, actually, 60 day cooling-off period ended last week. there is another mini extension of that. bart trains may come to a screeching halt tomorrow morning with 10s of thousands of people forced to find another way to work. bay area buses, ferries and other public transit options are standing by for tomorrow's commute but nobody knows what's going to happen. >> that's one of the reason we

turn to former mayor willie brown who has been in the closing deals of these part strikes in the past. our first question, what do you go when you go in there? here's what he had to say. >> you don't apply pressure either place. you go in and you talk about how rational the total decision will be with these components and then you start to process. i'm hoping everybody buys in. >> but how do you knock out the irrational? i know the last time you went in to settle a bart strike they were screaming about everything from the pay raise to whether or not you should get -- bart should pay for rain coats that people that work outside as opposed to those that work inside. >> what you really have to do is you have to go in with a sense of humor, period. you also go in with your own reputation on the line. you go in with your relationship with the riding public and that you sell more than anything else and get rid

of the debris quickly. >> okay. how much do you have -- so basically turning to bart and saying come up with one or two more percent on your offer and they are telling the unions okay knock off some of your requests and get real. is that it? >> you don't say it exactly that way. if you say get real, you might insult somebody because most people think their recommendation is the -- so you have to be very careful, very clever, very political and very sensitive. eagles become almost a component of the ultimate settlement. >> do deadlines help or hurt? >> well, deadlines help, because people can't seem to quit until there is a deadline. >> because they want to keep the fight going? >> absolutely. >> it takes on a life of its own. that's what i notice when i'm covering these -- >> you can't give in. >> i always find it interesting, you know they are

heading for the bill sell when the talk goes from the deal to we will just have to avoid a strike, when that becomes important than anything else. >> and that becomes important only because the public has said no strike. >> how do you go in and say you're going to make it good with part to cover -- bart to cover this increase in -- >> address things like the training programs, the safety programs, the inspection programs. there are a number of things that you can do with state dollars, you can't do other places freeing up local dollars. >> there is one thing we can both know that's going to definitely happen, no matter how this turns out, you're going to be right back here in four years. >> possibly. however, if quality leadership is out there, phil, they will start the process of establishing guidelines for a conclusion long before the critical strike date. >> and what about the possibility that the legislature could pass something banning transit strikes? is that feasible? >> if there is another strike and the bay area is

inconvenienced and you will hear calls to sacramento for at least a look at that. but i have to be honest with you, ann, given the power of the unions and the pro labor stands in california, there's very little chance i think that the legislature would actually go through with it. all right? now, that was a threat that the governor sort of hung over everybody for a while, he found out there wasn't support for it in the legislature, he's backed off. like it or not, the deal is either at the table or it's not at the table and that's what we are going to find out by tomorrow morning. >> so frustrating for the people who don't know how to plan their week. we will keep you posted. in our next half hour zachary melee joining us. how the same can do spirit that helped win world war ii helped this festival go on. plus the bay area housing market so hot some construction companies running out of employees. today we ask where are all the

workers coming from. we will be right back. ,,,,,,,,,,,,,,,, ,,

this is kpix5 news. a flurry of activity and progress at the bart talks this weekend but still no deal. the midnight deadline looming over contract talks today. and sunday is certainly going to live up to its name,

plenty of sun to start out the day, a little low cloudiness out there. the forecast for you coming up. republicans found themselves on the short end of all of the polling results. it's the lowest ever in the history of republican acceptance. >> and the congress back at work this weekend trying to negotiate their own deal. can they make one on the debt ceiling. our political insider weighs in. >> welcome back to kpix5 this morning and time is 8:00. it's october 13th. i'm phil matier. >> and i'm anne makovec. we are covering more of the possibility of a bart strike. we are just 16 hours away from that possibility. it could happen at midnight but negotiators for bart and two unions trying to head off that possibility. contract talks set to resume at 9:30 this morning. overnight staff members for both sides have been analyzing the latest proposals. negotiators said late last night that they are still hopeful about the chances for

an agreement. on thursday the two unions, atu and the seiu postponed a deadline but issued a 72 hour strike notice. going to continue to follow these negotiations as we near tonight's midnight deadline. look for updates here on kpix5 and kpix.com on our website, you will find transit alternatives in case there is a bart strike. you are looking at a live picture, let's get it up there of capitol hill. not much happening there, not much happening under the dome either. the government shutdown is going in for its second weekend. meanwhile chances of resolving a political impass now -- impasse now seem to hang on the senate. harry reid and mitch mcconnell have been meeting privately and reid says the discussions in his words quote should be seen as something very positive. meanwhile a south bay congresswoman is expressing concerns about the effects the shutdown is having on business. south bay representative zoe

lockhart spoke on the floor. >> not lending to the tune of a billion dollars a month. the federal business statistics are not being released leaving us essentially flying blind when it comes to how the economy is doing. >> and here's one tangible example of the economic impact, fremont's silicon graphics is reducing its revenue forecast because the government clients it has won't be able to pay or place new orders. the company's stock has taken a hit on wall street friday when it dropped 16% in after-hours trading. >> despite that government shutdown, the city of richmond carried on the tradition of "we can do it." the eighth annual festival for kids celebrates the role of women who served on the home front during world war ii. the women or rosies as they are called worked in the shipyard. betty couldn't wear her park ranger uniform, though because of the shutdown.

>> my uniform meant much to me because i don't think that most children of color see enough park rangers to be able to choose that as a career path. >> now, the we can do it rosy spirit wasn't dampened by the government shutdown. instead, the hometown festival was held next door in the old ford plant and that is where the tanks and trucks used in world war ii were built. one area that doesn't seem to be too affected by the shutdown, at least in the bay area, is the construction business. in case you haven't noticed, there is a building boom and it is at its peak. as kpix5's don ford reports the construction companies are getting stretched to their limits. >> reporter: the bay area and san francisco in particular is in a building boom. the skyline is crammed with cranes. casey kayson is an assistant project manager for cahill

construction. he says qualified crane operators are in demand. >> we even search internationally sometimes for these power crane operators when we are shorthanded. >> reporter: it's not just the specialized crane operators working, there's a big demand for all the other jobs too. >> they get the local hires and people from the neighborhood to get in there. >> reporter: carpenters, plumbers, electricians, equipment operators of all kinds all needed says michael theriot. >> wages are good. >> reporter: but michael is worried about the government derailing the good times. >> it's a good question how long this is going to last. certainly we worry about events in washington and what they could do to the economy. >> reporter: don lewis -- tanya lewis is holding down two jobs. >> it is really good time. cahill has a good amount of work going on right now and a lot of other trades that i see, there is a lot of upcoming work. >> reporter: building construction trades council

secretary says it's the explosion of tech companies that's driving the growth in san francisco. don ford, kpix5. >> one of those companies helping the mid market revitalization is twitter. dozens of arrests this week in california. 72 people accused of operating without a contractor's license. they could each face six months in jail and a $5000 fine. more than 50 could also face charges of illegal advertising. most of those suspects were found through ads on craigslist. a strange honor for the man who leaked the nsa spying program. edward snowden has received an integrity in intelligence award. the sam adams associates for integrity presented the former national security agency contractor with that prize this week in russia. this is the first video of snowden since july when he was shown at an airport in moscow pleading for asylum. he created a fire storm with his disclosures about the nsa and its surveillance of

citizens. >> people all over the world are realizing that these programs don't make us more safe. they hurt our economy. they hurt our country. they limit our ability to speak and think and live and be creative. >> the award was presented by four former u.s. government officials. snowden still facing espionage charges in the united states but russia has granted him asylum. we have new video this morning of a boat rescue off the coast of sicily. searchers are looking for survivors of a ship that capsized on friday and 34 people died. the ship was packed with more than 400 immigrants from the middle east. at least 200 people were rescued. this is the second ship wreck in the area this month. happening today in new york, former arizona congresswoman gabrielle giffords continues her campaign for more gun control. she will be visiting a gun show in albany with her husband astronaut mark kelly. the state of new york did enact a bill that requires more

background checks for those buying firearms at gun shows. giffords was shot in the head in tucson in 2011. this is her first visit to a gun show. we are taking a closer look at those bart contract talks. bart board director zachary mallett joining us live in studio next. and tourists once again getting to see what the country is made of. how some states are reopening national parks despite the government shutdown and why california can't. and extreme sports stars and fans taking over downtown san francisco. the sights and sounds of this weekend's do tour coming up next. also coming up next, we've got a nice day underway for the bay area with temperatures starting out a little bit on the chilly side but plenty of sunshine and the forecast coming up after we attend to generating a little revenue. stay tuned. park today,,,,

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into a skate park. it's extreme sports excitement f the dew tour. san francisco civic center plaza has been turned into a skate park. it's extreme sports excitement for what's known as the do tour. today is community day for fans and skateboard enthusiasts. the event has been going on all

weekend long and features lots of thrills and hopefully not too many spills. >> the preponderance of the people that we see are somewhere between 12 and 34 but we often see families with their kids, we see people that are lifetime passionate fans of skateboarding. >> again, all the action takes place today at civic center plaza. the raiders going for their seventh straight win in kansas city today. you can see the raiders and chiefs right here on kpix5 starting at 10:00 this morning and then stay tuned for the fifth quarter with dennis o'donnell and jeremy newberry that starts at 2:00. lots of football today. >> also have the 49ers and we have a lot of events out there all across the bay area. what are we looking at? >> a lot of sunshine. don't look directly at it but a lot of sunshine out there. temperatures today warming up a little bit. a puff or two of low cloudiness but aside from that, going to be nice today. temperatures on the chilly side but tomorrow back into the upper 70s inland so that's looking pretty good. a little bit of a warming trend for the bay area but we are

starting out with readings mostly in the 50s with some low clouds along the east bay shoreline and a little bit out there coming through the golden gate but doesn't amount to much. most of us starting out with sunny skies as you can see from looking at the golden gate bridge live. 41 in santa rosa. there's a nip in the air as you begin your sunday morning. san francisco is at 51 and oakland already up to 57 degrees. today at fisherman's wharf there's the italian heritage parade and the forecast for that, sunshine, 66 degrees. that's because this high pressure is building up out in the pacific and low pressure finally exits to the east. as it does we will look for temperatures to head up a little bit this week and if you're heading out of the bay area, sfo looks sunny, westerly winds 30 miles an hour by the afternoon. chicago is sunny, so is new york. denver got a few clouds and 66. livermore right where it should be this time of year with a

forecast high of 78. san jose is cooler with 74 degrees, average there is 77. elsewhere 72 at palo alto today on university avenue, redwood city 74 and hayward 74 degrees. in the north bay we are looking pretty good with 72 at petaluma and 70 degrees at kingfield, 67 at richmond and up there by clear lake, 75 degrees. if your travel plans take you north on 101. five-day forecast is calling for things to warm gently between now and tuesday with readings by the middle of the week in the low 80s inland, extended forecast all the way into next weekend we will cool it down by the sixth and seventh day but in the meantime sunshine and plenty of it. there's your weather, let's get the latest now. here's anne. >> thanks, brian. back to bart, the clock is ticking on the contract talks. we are now 16 hours away from a potential bart strike once again. it could happen at midnight tonight. the negotiators for bart and two unions are trying to head

off that possibility. >> that's right. and every story has two sides and joining us this morning is director zachary mallett of bart. he is an elected official. good morning. >> good morning. >> also like to point out had scheduled the unions to be here as well but they at the last minute said they couldn't make t i assume it's for the contract talks still underway. so here we are, 11th hour once again. where do we assistant? >> we are continuing our talks, there is a gag order in place so there's not much that i can say about what's being discussed but we are working to the last minute and we at bart are happy to continue negotiating until we reach an agreement. >> now, i understand you have some scheduled meetings, bart directors, so if there's a change in the deal they can call you in to ratify it; is that right? >> effectively we schedule special meetings which require 24-hour notice and that allows us the opportunity to meet to discuss. >> now, there's been a lot of talk about the health care

plan, the wages for bart workers who are some of the most highest paid in the nation, but i understand there's few things under the table or not talked about too much. >> i would certainly say so. there are many supplemental rules that give great benefits to our workers but it's at the expense of riders, taxpayers and workforce. >> what are some of those? >> train operators only do two round trips so for most of our eight-hour shift workers, that equates to about 4 1/2 hours of actual work and they get paid their full eight hours, so they work about 55 to 60% of the time and when you apply that to full-time equivalency at the end of the year the effective salary by my calculations is actually $50.37. >> is that on the table, something like that? >> no. >> why not? >> because this list is never ending, phil, and there's just no way that we can resolve

everything in one contract. >> it appears that bart continues to find itself in this situation in part because it doesn't change some of the fundamental rules in the contract. for example, you have it in there that you can't train replacement riders until bart workers go on strike. >> that is correct. >> and year after year that stays in the contract why? >> there are a number of things that are hard to remove and the strike is used as a leverage by our workforce and let's say that in the political environment and the public environment, we are very strike adverse when it comes to public transit. >> but the public doesn't like the idea of the strike. they don't like the threat of a strike and yet the question is bart in its history, sort of refuses to do anything about that threat, continually allows it to be there and you're one of the few places where if they go on strike, there's not replacement workers so it seems like it's a one sided fight to the public. >> well, our workers have a right to strike and we, through

our contract, cannot forbid that. we forbid it for the length of the contract. >> right. >> but unlike most places if they go on strike, somebody will come in and keep the trains rolling. >> right. >> you have agreed as part of the contract that if they go on strike, you don't replace them right away. >> we can't, it requires specialized training which we cannot do during the life of the contract. >> so you keep yourself handcuffed. >> that is what we have had to do over the life of -- it's hard to take out. >> public sort of has this idea of sort of they are frustrated with both sides. >> uh-huh. certainly they are. i am as well. but this is a long history and we cannot resolve everything in one contract. i would love to. it can't happen. >> seems like resolves some things. one of the things i have noticed is you're one of the few bart directors, there's nine of you independently elected that is public in your statements about the contract and stuff. what kind of -- i understand

that led to you being branded as antiunion. are you guys trying to break the union? >> i am not an antiunion person, i am pro union, but also pro fiscal responsibility and i am openly fiscally conservative but my fiscal conservatism does not discriminate. so i have been a voice for the unions to have internalized work. i regularly question staff when there is work that is externallized that i feel could be internalized. >> you want to keep it here. >> yes, and that's a pro union stance but i do not support wasteful and irresponsible spending. >> the public is, like i said, increasingly frustrated, it appears with both sides. they say look, you have a deal, it's reasonable, let's get it done. >> what i hear from the public is that 72% oppose the strike and 63% say that our offer is

best. the problem is that opposing a strike and not wanting us to keep sweetening our deal are not compatible realities. >> right. so what is the public's reaction if they say when you say let's give the union more? >> don't do it. >> kind of interesting situation to be in. so that's where we are, the union says we want more and you have your constituents who vote you in saying don't give them more? >> yes. but they also say they should not be on strike. we at the board level are in the damned if we do, damned if we don't situation. >> welcome to san francisco and bay area politics. zachary mallett, bart director from the east bay thank you for joining us. >> thank you. more from the other frustrating standoff that is affecting a lot of people's lives. lawmakers trying to make a deal on capitol hill to end the federal shutdown and raise the debt ceiling. our political insider sounds off next. ,,,,,,,,,,,,,,,,

the gran three national landmarks are reopening despite the government shutdown. the grand canyon reopened yesterday after arizona secured the necessary funds. it will be open to tourists for at least a week. new york is paying to open up the statue of liberty this weekend and tomorrow south dakota will reopen mount rushmore. the state is using corporate donations to pay the daily costs there. it is a different story here in california, though, state officials say they won't spend the money to reopen national parks here. that means tourists hoping to check out the waterfalls at yosemite or hike up to half dome are going to have to wait. a spokesperson for governor brown says this costs too much money and there are no guarantees that the state would ever be reimbursed. >> that's why we turn to former mayor willie brown, no stranger to budget negotiations. our first question about the lawmakers on capitol hill is, is there going to be a deal anytime soon? >> yes. once the speaker walked into the white house with 19 other

republicans with him including the entirety of his leadership group on money and once he said how about six more weeks before we have to address the issue of the debt ceiling and the president said, okay, but only after you do a cr. oh, i'm not ready to talk about that. come back when you are. yes, there's going to be a deal. >> because someone blinked? >> not so much because of someone blinking, because the republicans have found themselves on the short end of all of the polling results. it's the lowest ever in the history of republican acceptance. they are down below 25. the president is still where the president has been most of the time. now the question is can you get the democrats to supply the muscle to the 20 or so republicans that the speaker will have to make the deal. i think they will. >> how does boehner accept the

democratics vote at the -- and let -- democrats' vote and let his tea party go out without being branded -- >> he has got to be extremely careful. fortunately for him, the tea party members do not have a sufficient number of people to dump him. it is like they could make a motion to replace him but they are a few votes short inside of the republican caucus. he can now operate the congress with a combination of republicans and democrats. however, at the end of the next election cycle, he will be back in ohio getting a tan, not in d.c. >> because you don't think he lasts? >> no, he will not last on the next round. >> a lot of people don't know about willie brown is that he held onto his speakership in sacramento many, many years by bringing republicans on board. >> all right. he is quite the politician, that's for sure. but i think the most

frustrating thing about the whole government shutdown is nothing good coming out of it. we are not saving any money. the furloughed workers aren't getting paid now but paid eventually but we are not getting the services. it really is the taxpayers that are getting x'd on that. >> no business like show business except for politics. coming up -- >> one last look at this morning's top stories. >> and that includes the latest in the bart contract talks and the last minute push to avoid a big bart strike. ,,,,,,

s for welcome back. let's take a look at this morning's top stories. >> bart strike less than a day away. resuming contract talks at 9:30 this morning. about an hour from now. strike deadline midnight tonight. and hopes for an end of the budget impasse in washington now rests with harry reid and mitch mcconnell who have been meeting behind closed doors. they are trying to come up with a compromise that is acceptable to all sides so that the government can reopen.

and a car plowed into a house in hayward this morning. no one was home when it slammed into the living room. you're not looking at video of that, though, unfortunately. car was speeding when it hit the house. that man is being charged with suspicion of drunk driving. >> you think he's got a problem? "face the nation" starts in a couple of minutes here on kpix5. >> and for us the news continues on the cw network, a website collecting your personal info and putting it out there for everyone to see. how we caught it trying to put a price on privacy. that's on channel 44, cable 12, we are jumping over there in a couple of minutes starting at 8:30. in the meantime, sunshine. that's what it looks like as we head outside. the numberings right now are mostly in the 40s and 50s around the bay area with plenty of blue out there at the golden gate bridge, later today looks good, temperatures in the upper 70s inland. so enjoy your sunday. >> nice. thanks for joining us this morning. "face the nation" again is next and the latest on the strike, kpix5. ,,,,,,,,,,,,,,,, >> schieffer: today on "face

the nation," deal or no deal? both sides are finally talking, but is there an end in sight? it's day 13 of the government shutdown, and the good news is the backroom meetings are going on. the bad news-- the house seems to have given up and is looking to the senate to fix the mess. we'll have the latest on the negotiations and talk to key senators including arizona republican john mccain. new york democrat chuck schumer. new hampshire republican kelly ayotte. and tea party republican congressman tim huelskamp. and with the republican approval ratings tanking, what is the way forward for the g.o.p.? we'll have analysis from an all-star panel including former speaker newt gingrich. former clinton press secretary dee dee myers