And the unions back to the bargaining tables. Reporter but as of tonight, that still has not been done. Here is the latest. Late tonight the unions made a counter offer. Well have more details on that in just a few minutes. There were no face to face meetings today and b. A. R. T. Says there are no scheduled talks at this time. The closed door session will discuss labor negotiations. We have Live Team Coverage for you tonight on the accident investigation as well as the ongoing strike. Ktvus cara liu is live with new information about federal investigators. But we begin with deborah villalon. Reporter at the same time the unions have been suing b. A. R. T. To keep managers from even driving trains. So the acrimony and accident overlap. A candle in one hand, picket signs on the other. The fractures reality at b. A. R. T. A work force wrecked by conflicting emotion. This is something that we are just totally totally horrified by. Reporter Union Leaders call for mourning but before b. A. R. T. s catastrophe, management was talking about talking again. Now they wonder if the tragedy changes anything or changes everything. I think its time to stop fighting and become a family again. Because we will be a family again. It seems like were fighting and at odds. You cant hear the train when youre on the tracks, they call it the silent killer. Wonderful man, he was extremely safe about everything. Reporter inspector Chris Strickland died not far from saturdays accident. Because he had not been told trains were being transferred that day. Just as gyms accident happened. This should never have happened at all. I just feel so bad for these families. Its just awesome. Theyre lives will be changed forever. We pray that you comfort my brothers and sister tonight father god. Reporter out of the accident, b. A. R. T. s battling camps might find common ground. But the chief negotiating officer says that now a new union offer is out there but a new climate a question mark. Reporting live in oaklands lake merit station. Deborah villalon, ktvu news. Our Team Coverage continues now with the latest on the federal investigation into the accident that killed the two b. A. R. T. Workers on the tracks near the walnut creek b. A. R. T. Station. Ktvus cara liu joins us with how long this investigation can take, cara. Reporter investigators say theyll be here on scene any where between four and 10 days and they hope to interview the train operator as early as tomorrow. This as Union Members held a vigil tonight. This mans loss will be felt by everybody from now until i see my maker. Reporter dozens gathered at the walnut creek b. A. R. T. Stake for a candlelight vigil saying they wanted to honor davis and shepherd the two b. A. R. T. Workers killed in an accident. Its a Great Sadness that were here. Its unnecessary senseless and my condolences to the family and to the kids that dont have a father. They are our b. A. R. T. Family. Were a little dysfunctional right now but still we are family. Reporter perez worked with shepherd. I just know its going to be very difficult to go to work whenever that is, and hes not there. I will definitely miss his presence. Reporter at the crash site ntsb investigators arrived early this afternoon. Today, we walked the accident scene with the parties. Mechanical inspections are being accomplished on the which i on the equipment. The ntsb is looking at factors. Investigators would not confirm who was at the controls. Some managers have been operating trains to move employees and cars. Officials say the train was running in automatic mode at time of the crash. We requested data down loads for all the train equipments. This data is limited and is not as detailed as it might get from time to time. When asked how theyll deal with whether the strike played a role in this accident, the investigator in charge says he is aware of the strike and is planning to listen to all of the information that comes in. Were live in walnut creek, cara liu. As cara mentioned, Lawrence Daniels was the contract worker struck and killed yesterday. Daniels owned a Railroad Engineering firm that specialized on automation. Daniels widow was surrounded by friends and family today. Her grief and shock were evident when she told ktvu that she didnt know anything about his work in walnut creek or the circumstances leading to his death. Now more on this counter offer late tonight that they say will get the trains running and end the strike. They will not allow members to risk unsafe conditions. The changes are to allow flexibility. Atu local 1555 b. A. R. T. s other Union Announced it will bring b. A. R. T. s last, best and final offer to the union later this week. And with no deal and no b. A. R. T. Trains it is expected to be slow going on bay area roadways. That afternoon closed door session it will come hours after thousands hit the roads for the morning commute. And there is sure to be a big back up at this place. The bay bridge plaza. As you see its pretty smooth sailing tonight. And it is expected to be another day of gridlock on other major roadways including interstate 80 in emeryville. Right now you can see on a sunday night a significant traffic heading east and westbound. But heavier traffic is expected tomorrow. Caltrans reported traffic delays around the bay area ran about 30 longer than usual and up to twice the as many vehicles used the car pool lane on interstate 80 on friday approaching the bridge. To help ease the congestion there will be a few options for would be b. A. R. T. Riders tomorrow. The Transit Agency is offering charter buses for people heading to San Francisco. They will pick passengers up from 5 00 a. M. To 6 00 p. M. From el cerrito del norte. Dublin, hayward and fremont. And drop passengers off on howward street in San Francisco near the transbay terminal. Buses will be running back to the east bay between 3 00 p. M. And 6 00 p. M. The San FranciscoBay Ferry Service will also help commuters tomorrow with added service. Ridership has jumped during this strike. More than 3,400 people in fact, took the ferry yesterday morning. Thats compared to an average weekend morning of 1,600 passengers. Be sure to stay with ktvu and ktvu. Com for the latest developments. Our coverage continues bright and early tomorrow morning with what you can expect on the roads before you head out the doors starts at 4 00 a. M. Management and labor leaders will make presentations to a panel appointed by governor brown. Later this week the panel must recommend to the governor whether he should ask for a cooling period. The hearing is at the state building on clay street at 9 00 p. M. Truckers at the busy port of oakland say theyre planning a major labor action tomorrow. We spoke to one of the organizers tonight who say truckers will protest against unsafe working conditions. But say they will not ask for a top order. It happened about 2 20 this morning at the intersections of mission and 16th street. Police say the man was shot in the back. He was taken to San FranciscoNational Hospital and died a few hours later. A multi car collision involving six vehicles shut down part of a major east bay freeway. That pile up happened about 5 30 this morning just west of the Pleasant Hill exit. The driver swerved to avoid manager in the road ended up hitting the center divide. That caused a Chain Reaction crash. No one was seriously hurt. A fire in a walnut creek Apartment Building forced a dozen people from their homes. The fire started about 1 45 this morning in a building on North Pacific drive. Investigators say flames started over the gram and spread through the two story building. We have an Apartment Fire spread into what we think is proximate fire. No one was injured but the smoke and flames damaged the homes of five people. Theres no word yet what started if fire. An unusual courtroom find in San Francisco that has the District Attorney and a public defender on the same side. The wildfire prevention district set up to protect the open hills is set to expire. What you need to know about an upcoming vote. The federal government is back to work but battle lines are being drawn for getting a long term budget in place. Today marks the anniversary of the oakland fire. Funding for the Wildfire Protection district created to safeguard the Oakland Hills will soon run out. Its so hot as i was calming off the field i had to sit this way away from the door with the air conditioner on. It was like being in the movies didnt feel like it was real. Reporter piper and her family escaped the fire storm that engulfed the Oakland Hills. My god ive never seen anything like this. Reporter but 25 others trapped in cars and homes could not have outrun the savage stormed fueled by high winds. Through the continuation of the wildfire prevention district, attacks currently funding fire control will go away in january. This is too important to leave up to the general fund. Reporter district organizers say their challenge is making sure that people realize that the issue is up for vote. This week some 40,000 ballots will be going into the mail. They have to be returned by november 13th. For the past 10 years, homeowners within district boundaries have paid 65 annually. The new measure increase it is cost to 78. I would be listening to consider an increase. Reporter scott levine and his family moved to the hill after the prevention district was created. We knew it was a lot safer. With prevention the risk is much much lower. Reporter he and his neighbors might be concerned about the new taxes but he thinks back to 32 years ago. I would definitely vote to renew it. I think its critical to the area to keep it safe. Reporter to see whether your home is within the district, head over to ktvu. Com. The California PublicUtilities Commission will be issued tomorrow. A judge ordered to release pressure in the line after pg e email raced questions about a quote san bruno like situation. The utility last week petitioned to have that line put back into full service saying tests completed last week show that the line is safe. Until the wake of the deadly 2010 explosion and fire in san bruno. The u. S. Is dealing with fall out from the budget battle that shut down the government for 16 days and it costs the economy an estimated 25 billion. House Minority Leader Nancy Pelosi said today it cant happen again. We have to go to the table, understanding that we cannot shut down and we cannot place in doubt the credit of the the United States of america. We have to recognize that among those on the republican side are those who are Anti Government ideal hogs. Reporter republican senator Mitch Mcconnel agreed today there will not be another shuttown. The next hope is for a economy to shut the gap. The Government Shutdown ended last week. But theres a 91 billion difference between the approved budgets. The economy aims to close the gap by december 13th and today the Senate Majority whips that everything should be on the Table Including taxes. That means republicans have to be wanting to put revenue on the table. I just cant understand this basic premise that this tax code is sacred. That there arent loopholes in there that should be closed and the savings be decaded to reduceing the deficit. Republicans refused to consider taxes but they want to lift the sequester cuts affecting the pentagon. President obama says he wants a balanced approach to the budget that is fair and will help americas hard working people. President obama will speak tomorrow agent the glitches that have plagued implementation of the health care act. Its been a fiasco. Send air force one to silican valley. Load it up with smart people. Bring them back to washington and fix this problem. Its ridiculous. Everybody knows that. So far about a half million americans have applied for insurance but 7 million are expected to apply. Coverage begins on january 1st. Gas prices fell almost a dime a gallon across the nation during the past week. But savings here in the bay area have not been quite that dramatic. Analysts say the price drop reflecting the tensions in iran. In san jose todays average price was 3. 78 down three cents for the week. In oakland 3. 80. Also 3cents cheaper than last week. While prices at the pump are dropping holiday air fare is soaring. Averaging 415 round trip. Travel experts say the cheapest tickets for holidays can be found at the start of the year. They say your best bet this late in the game is to be flexible with your travel dates. Developers are getting extra time to submit plans to the airfield. The deadline for proposals was last week but the Government Shutdown put a hold on proposing plans. The person who wins the lease will need to replace the siting on the huge hanger in mountain view. The silican Valley Company is getting ready for a stock offering. Last week the san jose based Data Storage Company filed paper for the security and Exchange Commission for the ipo. It plans to raise 150 million on the New York Stock Exchange under the Ticker Symbol mmdel. No details on share pricing. No end in sight. The fierce fire fight in alaska. And the truck that veered out of control in a busy freeway. The drivers explanation of what happened coming up. Low clouds are developing offshore right now. Coming up where we will have dense fog first thing tomorrow morning and well let you know if we have any rain drops in the five day forecast. Can help your family keep good going. Avo sales event is sback. Hen drive which means its never been easier to get a new passat, awarded j. D. Powers most appealing midsize car, two years in a row. And right now you can drive one home for practically just your signature. Get zero due at signing, zero down, zero deposit, and zero first months payment on any new 2014 volkswagen. Hurry, this offer ends october 31st. For details, visit vwdealer. Com today. Do good, do good, do good. Do good, do good keep peddling, keep peddling, keep peddling. Life insurance from new york life can help your family keep good going. You are watching as a volunteer firefighter drives through a wall of flames in new south whales australia. A state of emergency is under way at the state in wildfires that have scorched 250 acres. One man died apparently from a heart attack as he was working to fight the flames on his home. Dozens of people were injured at a gay pride march today in monte negro as police launched tear gas to protect marchers from anti gay demonstrators. Police say they were able to keep the violent protesters away from the marchers. However those opposed to the march ended up throwing rocks and molotov cocktails at the officers. Police successfully protected the marchers who were able to walk safely through the city. A potential witnessness against Whitey Bulger was poisoned but not by bulger. There was considerable allegations that his death was tied to him confessing against bulger. They charged one of his own Business Partners by lacing his drink. Authorities caught up with jenkins and walker last night. The two men were serving life sentences for murder without the possibility of parol. But they were released after prison officials received legal looking documents that appeared to be signed by a judge. It is embarrassing. But my concentration at this point is i think, everyone else here is making sure that we come up with a process and a procedure that prohibits this from happening in the future. Reporter prison Officials Say the men had help getting the forged documents and they are vowing to arrest anyone responsibility. Take anyone responsible. This is video of the moment of impact. 80 people were injured but all are expected to survive. An accident at this same train station last year killed 52 people. A surveillance camera captures a the truck did topple fortunately though it did not hit any other vehicle and no one was seriously injured. Unlikely allies join forces. What is bringing the San FranciscoDistrict Attorney and Public Defenders Office together. And also in San Francisco city leaders prepare for a dog fight. At issue where mans best friend can roam freely. Returning now to our coverage of the ongoing b. A. R. T. Strike. There were no talks this weekend and no talks have been scheduled. B. A. R. T. s board of directors is set to hold a special meeting tomorrow to discuss the status of labor negotiations. B. A. R. T. Trains will not be running tomorrow as we enter day four of the strike. Taking a live look now at the san mateo bridge. You can see traffic flowing across the bridge at a pretty good clip here on this sunday night. The bridge will see an increase in traffic tomorrow morning with this ongoing strike. You can expect gridlock here on interstate 80. Take a look at this traffic on this sunday night in emeryville. Lots of people heading in both directions tonight. Of course on friday, the last workday of the strike. The first day of the strike we saw an increase in traffic delays especially here on interstate 80. And another reminder our coverage continues tomorrow morning. We will have the latest plus what to expect before you head out the door. Well start a half hour early at 4 00 a. M. Tomorrow is the last day to register to vote for the upcoming november 5th election. The election is all about municipal races. One of the most controversial races is a measure to support Waterfront Development in San Francisco. The secretary of state will accept Voter Registration through midnight tomorrow. You can also register online. New at 10 00, there is concern tonight that many people arrested in San Francisco will never get a fair trial. Thats because some superior court judges want to get rid of a program that helps those find their way through the justice system. Ktvus patti lee explains the Public Defenders Office is helping to keep the Program Running and has the help of an ally. The stills District Attorney. They shot me with a rubber bullet in my leg. Reporter guzman describes a run in with some San Francisco officers who later arrested him for assault. Certain no one would take his word over the police, guzman wanted a deal but his lawyer pushed for a trial and it paid off. The charges were dropped three weeks ago. If it wasnt for them i dont know what would have happened to me. They really fought for me. Reporter we caught up with guzmans attorney where he is a volunteer taking on 40 cases in exchange for trial experience. Its part of a Training Program in place for the past 30 years. How many cases are you at right now. Reporter but a built in legislation in favor of your jury trial. Rules that would require a higher level of supervision for volunteers. So high it could dismantle the program. What they want is they want a staff member from our office to sit down next to them during every single stage of every single criminal proceeding. Reporter Elizabeth Hilton manages the volunteers. I just dont get it. Reporter neither does public defender jeff adachi. The thing thats more troubling is that the court is proposing this rule not because of any problems with these lawyers but because they are unhappy that these lawyers are trying cases. Reporter adachi showed up hundreds of letters written in support. There to help him make his case an unlikely ally, d. A. George gascon whos always also relies on volunteers. I think theres some concerns when you have the judicial trying to dictate what he expects the branch is going to do. Reporter gascon is confident theyll find another way to offset its budget shortfalls one that does not infringe on the budgets constitutional right to the jury trial. In San Francisco, patti lee, ktvu channel 2 news. The d. A. Public defender and at least one superior court is meeting again tomorrow. Were told that they are close to arriving at a compromise. 39yearold Bryan Criswell of santa cruz is accused of abusing two minors. He also worked as a volunteer wrestling coach. The Santa Cruz Sheriff Department is asking anyone with information on is this case to give them a call. Two workshops are scheduled for tomorrow on the new restaurant Rating System in santa clara county. Restaurants must soon hang color coded plaquers. Tomorrow county officials will hold a spanish workshop for Restaurant Owners at the mexican lindo restaurant starting at 1 30 in the afternoon. A second meeting will be held in english at the Cupertino City Hall at 2 00 tomorrow afternoon. Dog owners are expected to pack a hearing tomorrow about where dogs could be walked or run off leash. Recently the National Parks service issued draft rules that restrict dogs at the golden gait recreational area. The city is concerned about seeing more dogs in its parks if the rules are passed. The hearing takes place at 1 30 p. M. Tomorrow at city hall. Tomorrow is the third and final day of a mortgage relief workshop in oakland. Hundreds of home openers so far have been at the home at the Convention Center trying to get their house payments reduced. The nonprofit Neighborhood Assistance Corporation of america is hosting this free event. Theyre prepared to negotiate and in many cases approve lower monthly mortgage payments for struggling homeowners. Signing up online ahead of time is recommended but you can also go through the process without registering tomorrow from 8 00 to 6 00 p. M. The night crawler that paid a visit to walmart. Well tell you why the creature had a long walk to get there. Also, beautiful weather across much of the bay area. Summer like some would say. Is this heat going to stick around . Our meteorologist mark tamayo is up next with your workweek forecast. [ man ] theyre big. Strength we can count on. Same with aladdin. The biggest in bail. No one has lower prices, is faster or more professional. Aladdin bail bonds. Bigger because were better. Well two different weather worlds out there here in the bay area. The cool temperatures, jacket weather for the beaches. Those temperatures only in the 50s and inland quite nice with lots of sunshine. Temperatures in the lower 80s. Heres the latest right now on the maps. You can see the fog redeveloping offshore right around eureka down toward monterey bay. This trend will continue at least for the overnight hours. So we are expecting the low cloud to be on the increase this big solid fog bank just offshore will continue to increase in coverage for late tonight and into early tomorrow morning. Current temperatures are dropping off as you would expect. Pretty chilly in santa rosa. 47degrees. San francisco 50. San jose 56 and clear skies out toward antioch. Livermore those neighborhooding neighborhoods still in the upper 50s. Theres the north tower of the golden gate bridge. A solid marine layer. Tomorrow a repeat performance. Be careful driving the bay bridge. The Richmond Bridge because the fog will be doing its thing. Early morning temps will be pretty cold. San jose 49 and livermore starting the day 47 degrees. Partly cloudy skies. Areas of fog. In fact, here is our live camera right now looking out toward San Francisco and the bay bridge. Theres the fog bank. You get the idea of haze out there out in the distance. Tomorrow no major changes with the temperature department. Cool temperatures for the beaches, upper 50s to lower 60s. Warmest locations inland were talking lower 80s. By this time tomorrow. The surge will be building a northwesterly swell. We could have dangerous rip currents out there. Waves and sets could be topping 10 feet approaching 12 feet. This is for monday and into tuesday. Heres the over all weather pattern. No major changes for tomorrow. Temperatures not budging too much as well. The next change by friday. The High Pressure is offshore close enough to generate the clouds and all the shower activity should remain offshore but close enough. We do have to bring in just a tiny chance of a shower. That would be on friday. So slight chance. For tomorrow morning were starting out the day with cloud cover. Dense fog for San Francisco, oakland, right around ocean beach. Clouds go back to near the shoreline into the afternoon hours. Temperatures not a big change from today. Showing you the 70s for santa rosa. Stinson beach 66. Oakland well go 72. Well find the warm numbers toward livermore and gilroy. San francisco a forecast high of 66 degrees. Temperatures not changing too much over the next few days we do thicken up the cloud cover on saturday with a slight chance of light shower just offshore. Saturday still lingering clouds. Well gradually clear up the clouds. Still fairly quiet. No strong storms showing up just yet. That could be changing later in the month as we head into approaching november as well. Sound good, thanks mark. Thanks mark. Sure. Walmart shoppers outside of orlando last night got a creepy surprise. This alligator outside close enough to set off door alarms. Eventually the alligator wandered off back to nature. Although the trek might have been long, the nearest lake and preserve 6miles away. The annual nike womens marathon brought thousands of runners to the streets of San Francisco today. It is the tenth year for the event which started at union square and wound along the waterfront and the precidio. The area around the starting line was crowded before dawn this morning as you can see. Organizers said they expected as many as 30,000 runners from the nation to participate. The event has raised more than 143 million for the leukemia and lymphoma society. Congratlations to everyone who participated in that. A run down of week seven in the nfl. Including a game between the 49ers and titans that looked more like a wrestling match. Sports wrap is next. [ male announcer ] you can change your tomorrow if you do something today. And theres never been a better time because this year, Devry University has 45 Million Dollars in need and meritbased scholarships and grants available to those who qualify. And this degree can make a difference. In 2012, 90 of Devry University grads actively seeking employment had careers in their field within 6 months. Now is your time. Apply by oct 28th and find your career success in the bay area. Visit devry. Edu. Good evening everyone thanks for joining our sunday Night Edition of sports wrap. 49ers went back to football 101 today in tennessee using this simple formula. Quick lead, control of the clock and take advantage of a desperate teams mistake. Kaepernick passed for 138 yards. Makes an incredible catch. Antwon didnt score, you have to like that. That was part of an 80yard rush that almost turns into a turnover. Hold the phone gertrude. Late hit on kaepernick. Niners hit the ball and dont do that again. Kap decides to take a hike. He outruns the defense. Makes it 100 niners. First rushing td in the season. Looking back again to number 21 frank gore. He levels the defender. 49ers reminded tennessee that were physical on both sides of the ball. Brock takes it back to the titans sideline. Watch kaepernick roll out and look for this tight end advance. This ball goes right into