negotiations table when cohen earned his respect. >> he is very smart and very experienced. if anybody can find a way through the thicket, george will find a way through the thicket. >> of course, all of our concern about the public's interest. >> now cohen is the quarterback of b.a.r.t talk using experience and intelligence to diffuse pressure and develop trust. battiman says there is no better person to pull off victory there b.a.r.t and the entire bay area. >> if anybody can pull a rabbit out of a hat and get settlement, it is george cohen. >> reporter: to be clear, these mediator know how these negotiations work. they know how to be creative and maybe that will make the difference in the end. coming up calf,ly tell you why b.a.r.t's chief negotiator is in disney land today instead of here. i am brian webb kpix 5. >> of course, before that, if b.a.r.t or its unions does come out and make an announcement, we will get you that live. ed to, 156th day that b.a.r.t and its unions have been trying to find common ground. the threat of a walkout lit up twitter about midnight last night. #b.a.r.t strike was trending with about 7,000 tweets as the deadline came and passed without a word of strike. not knowing whether the trains will be running has left tens of thousands in limbo the past couple of days. as kpix 5's john ramos reports, commuters are getting fed up with playing the waiting game. >> everyone is up until midnight twittering, facebooking, texting each other, how are we going to get to work? do you want to set up a car pool? what are we going to do. >> we have heard a lot about the financial woes of b.a.r.t and what its workers think they deserve. but lost in the conversation is how it's affecting the riders. talk to them and one word always seems to pop up. >> trying to yule us as pawns in their games? we with ear pawns in this little game they are playing. >> definitely pawnees. >> as both sides of the negotiations trade insults and a strike threat hangs over the b it is the riders whose lives -- bay area, it is the riders whose lives are in limbo. >> i think it is cruel and sadistic. it is wonder people can sleep at night. >> some people can't. michael lopez just started a new job today but had to get up at 4:30 just in case the b.a.r.t workers decided to strike. >> having something bad happen is almost better than being uncertain about it, right. and being able to deal with it. the uncertainty is disheartening. >> no updates until morning is playing us for trumps. >> it is the uncertainty most people on the to. waiting until 1:00 in the morning to find out if you have to get up at 4:00. the sentiment seems to be if there is going to be a strike, get on with it. >> because with a strike you can prepare and plan, things like that. it is always uncertainty. it is more fearful than knowing the consequences. i would rather just know what is going to happen than everyday checking my phone trying to figure out what i'm going tomorrow. >> they continue to take the ferry. i changed my mode of transportation altogether and started taking amtrak. >> it may be a reminder that sometimes when you push a customer away, they won't always come crawling back. kpix 5 john ramos. >> we will keep you updated on the b.a.r.t negotiations and bring you any announcement as it happens. also, we will have updates on our website as well as transit alternative at kpix.com/b.a.r.t. ac transit is asking the governor to step in and block a planned strike for thursday. today ac transit hand delivered a letter to governor brown asking for a 60 day cooling off period. the agency says there is no need for a strike. both sides should go back to the negotiating table. agency and union leaders have come to two agreements in recent months, but it was voted down. >> recommended by the union leadership. both times they have been rejected. so now we're at a quandary wondering what we will hear from the union next and where we should go from there. >> union reps say the timing of the strike along with the possible b.a.r.t strike is just a coincidence. management union reps did not meet to negotiate today. tonight, the house of representatives canceled a vote that would raise the debt ceiling and reopen the government pushing us one day closer to a possible default. the canceled vote yet another roadblock in solving the washington crisis. >> the rhetoric on both sides is heating up with no deal on the table. house republicans calling for an evening vote brought an immediate freeze to what the is that the had been working on which some p claim was showing promise of a compromise i. would have reopened and funded the government until january and extended the debt limit until february. with that plan on hold house minority leader pa low sierra blast speaker john boehner -- pelosi blasted john boehner >> we extend a hand of friendship. we're willing to accept some of the terms of the bi partisan bill and the senate in order to get things moving. >> later after meeting at the white house, pelosi said democrats will only vote for a free bill that is free of extraneous measures. she says house speaker john boehner will need 100% for it to pass. boehner calls it fair. >> the team met with our members today trying to find a way forward in a bi partisan way that will continue to provide fairness to the american people under obamacare. >> if you are one of the 12 million americans who filed for an extension on your income taxes, you still have to meet tonight's deadline even though 90% of irs work ebbs are on furlough, the government still wants your money on time. stocks ended in the red today. adding to the turmoil, fit rating announced it will -- fitz announced it will review for a possible downgrade. federal drug teams with a very specific target. they served warrants on alleged mexican cartel members in several cities including oakland, antioch and pittsburgh. kpix was with the agents as they searched the house next to are children's day care in antioch. they arrested one man who is believe toad be part of a drug cartel. federal agents said at this site delay found drugs but no weapons. >> it makes me very nervous because drugs come with gun and violence. >> as a result of this operation we were able to arrest four individuals, search six locations, seize drugs and process these sites all in relation to a drug cartel. >> the feds are calling the rate of success. in all they served six search warrants and made four arrests. checking other bay area headlines. police looking into commercial vehicles. police say it has been going on the past two months. some of the vehicles have been found in nearby cities minus the tools. investigators say the commercial vans and trucks are being targeted because of the large amounts of material and tools inside. workers are back on the job at the levy station in santa clara after a truck driver was killed yesterday. a forklift was unloading steel rods from a truck when a bundle of rebar fell on the worker. this accident killed 60-year- old edward lake jr. of vacaville. a pancake breakfast has some peninsula residents pretty upset. >> yeah. they are flipping out about the fire department. that's next. apple is mad for plaid. why the cupertino-based company is bringing on a type executive. back to the 80s today. nevada 82 degrees with sunshine. pleasanton, 82. live look outside. we will talk about the sunshine and if that will change and hen we will cool down, next. your dinner time may never be interrupted again. how a new law could keep tele marketers away for good. ,,,, ook: some 27- well, some peninsula residents surprise bid an emergency message they received. some 27,000 palo alto residents got this noisy smart phone emergency alert. it is a notice about a charity pan cake breakfast. no, that is no emergency. >> kpix 5's len ramirez spoke to some people to say the fire department is abusing the system. >> reporter: when people get an emergency alert system they take a deep breath. they think something bad is happening like a fire, a flood or a major crime. they are not expecting to get a notification about a pancake breakfast. >> the instant message went out on the county's emergency system to tens of thousands in palo alto all at once. >> i got a text, an email, a phone call. >> under the header alert sec, the palo alto fire department sent out a word that they were a, holding a pancake breakfast saturday morning and b, that a helicopter would be landening at a local school for demonstration purposes only. >> if i had it over to do again i probably would have put the helicopter in the first or second sentence. >> they defended the situation e. the community event benefited project safety net. >> the city has used the alert sec to notify of events. so that was the intent. >> but it sparked an out cry from some who claimed the system wassing with misused. one man tweeted seriously palo alto, you felt the need to send me an email, text and emergency phone call about a pancake breakfast. >> it should be yulessed for emergencies because the risk, if it is not, if a resident hears it and thinks it is just another advertisement, that defeats the purpose of the line. >> i think there are probably other ways they could have cone that. >> it is supposed to be an emergency system. it might have been a misuse. but i wouldn't have found out about it otherwise so it was okay. >> take a look at utilizing some of the other technologies and possibly reserve take letter sec for sort of emergency notification only. >> reporter: despite the controversy about how people found out about the pancake breakfast, the actual event itself was a very big success, raising about $10,000 for a local charity here in pal low allen martin to. len ramirez, kpix 5. next time you get a robo call, try responding with this. >> this is a do note call number and i'm going to report you no the fcc. >> the new law that will give you the upper hand against tele marketers. ,, deal to avoid a bart strike. quick reminder, as soon as we know, you will know. we're waiting for any word on whether there is a deal to avid a b.a.r.t strike. a facebook post leads to felony charges. florida police have arrested two girls for bullying. >> cbs's allison harmley has more. >> the polk county sheriff displayed a facebook message he says a 14-year-old poesied admitting she bullied a 12-year- old and she was not sorry about it. >> yes i bullied rebecca and she killed herself but i don't give a. you can add the last word yourself. >> she said her facebook page was hacked and she did not write the post. rebecca committed suicided last month jumping to her death. her family says she was pushed to the edge after shaw and another suspect, 12-year-old roman sent messages calling her ugly, telling her to drink bleach and kill herself. as many as 15 additional girls may have also harassed her. >> was this contributing factor to her jumping off the cement towers on that fateful dirk we believe that it certainly contributed. >> shaw and roman are charged with felony aggravated stalking. police say the girls began feuding when shaw began dating a former boyfriend. >> she didn't like that and she began to harass and ultimately torment rebecca. >> the suspects have never been arrested b. they were released in the custody of their parents and are under home detention. >> parent, you be responsible so that you discipline your children and we don't have to. but if you don't discipline your children, and if it rises to level of a violation of law, don't worry, way we'll discipline them for you. >> allison harmlin kpix 5. >> reporter: police say shaw had no remorse. average american gets two to three tele marketing calls can a day. >> julie watts tells us a new fcc rule that goes into effect tomorrow could help change that. >> hello. >> it is urgent. >> every time i block a number. >> this is stacy at account services. >> the next day they have a different number. >> the average consumer gets at least 10 of them a week. >> it is a solicitor. >> there are millions bucked by a tele marketer. >> consumer attorney lindberg says you are about to get new protections. tele marketers must now have your express written consent for prerecorded or auto dialed calls or text. >> used to be when you provided your number to an entity, that in effect means you consented to receive automated communications from them. >> now in order to contact you with one of these or these, they must first have you sign one of these, a written consent form. if they can't prove they have your consent, you can sue for 500 to $1,500 per call or text. but lindberg admits this won't stop all of the estimated 4.5 billion unwanted messages americans get each other. >> most of us get robo calls from scammers or illegitimate business, people that aren't going to follow the rules anyway. what do we do about that? >> other than block or complaining, there is not much for an individual to co. >> he points at privacy star, but he says you should also file an sec complaint for each unwanted text or call. >> this is a do not call numb barren -- number and i will report you to the fcc. >> thank you and have a great day. >> now, some worry many tele marketers aren't taking the new rules seriously and don't have consent documentation in place. consumer lawyers say start documenting robo calls and text. add up to $1,500 a pop, you could finally make them pay. >> yeah. just because the fcc is on furlough, you shouldn't be on furlough. >> yeah. keep track of it. as soon as the furlough is over they are going to be in big trouble. >> thank you. well, paul, today another gorgeous one. but chris in the morning, it was kind of nice. >> reporter: yeah, it was. all the moms and dads walking the kids to school say it was chilly. by lunchtime it was perfect. >> the sweatshirts. >> reporter: transition at about 11:00. great weather outside if you like sunshine. think you will like the next few days. live look toward the. go marine layer, not seeing it right now. we are sunny and mild. the city is 75 d. ocean beach, you made it to the low 70s. concord 78. san jose 78. santa rosa 78. berkeley, a manager any tuesday 3.2 earthquake with some aftershocks occurred at 1:00 o'clock this morning. in san francisco right now, 70 degrees in livermore. you are sitting at 80. a chilly night for concord and livermore. napa 44. redwood city 48. got some crazy video i want to show you before we get to the meat of the forecast. that right there is an 18-foot long very strange looking ore fish. this is a major find because it was back. it was dead. 15 people dragged it on shore on sunday. these fish are rarely seen because they typically live 3,000 feet down into the ocean. but one was found near the island this past weekend. los angeles, catalina, big bubble of high pressure keeping us rain free. some of you may not like that, but it is not going to change. we will have chilly starts because the air is cry. sunny and mild afternoons. starting thursday and lasting for several days just a little cooler. 3 to 5 degrees because of this low pressure area that will miss us us. it will give us lighting to moderate on shore flow. dragging down the temperatures a bit near the water. mornings will be chilly just like they were this morning. afternoons will be sunny and mild and not a drop of much needed rainfall for the next several days. look at all the 80s. oakland 80 degrees. san jose tomorrow 80. that's 3 degrees above average. concord, walnut creek, danville, pleasanton, low 80s for tomorrow. petaluma 79. coupledegrees cooler thursday and friday. a few degrees more over weekend. if anything, we're cooling back down over the comfort zone. low 70s near the bit. really pleasant weather continues. >> ore fish, and a big one at that. >> reporter: an eel or a fish. >> nice. thanks. all right. we've all lost arracks in the car autosome point, right? but getting stuck inside -- at some point. >> how police say this bear trapped itself in an suv and eventually got out, next. ,,,,,,,,,,,,,, the cupertino- based company apped up burberr . apple is looking to the fashion world for its latest tire. the coupe tee know-based company hired a 53-year-old from indiana to take up the newly created role of senior vice president of retail and online sales. she is credited with turning the luxury label around and expanding its presence in asitia. she starts next year -- asia. she starts next year. the windows were fogged up. i think you're thinking this van is a rocking. it was a bear that locked itself inside the suv. police say this is the third time in two weeks this has happened. now, in this imstance, police had to break a window sew that the bear could get out. a week ago it was the bear who broke a window and got out. two weeks ago, the owner of the car actually let the bear out. don't know if it's the same bear, but i think we have an mo here, serial break ins. now for a look at what's ahead on the cbs evening news. >> scott pelly is in new york. scott. hi allen, and liz. things are changing in washington minute by minute. it appears the deal has fallen apart and the government financial crisis is back to square one with just 48 hours now before a federal default. we have team coverage tonight on the cbs evening news at 5:30 right after kpix 5 news. ,,,, these are the hands a pediatrician. these are pioneering advances in heart surgery. and these are developing groundbreaking treatments for cancer. they're the hands of the nation's top doctors. kaiser permanente doctors. and though they are all different, they work together on a single mission: saving lives. discover how we are advancing medicine at kp.org join us, and thrive. newsroom. new at 6:00 tonight: a bay area city plagued by a rash the valuable c i am ken bastida in the kpix 5 room. new at 6:00 tonight, a bay area city plagued by a rash of pickup truck thefts. the valuable cargo that become a treasure cover for thieves. >> i'm sure there are 40 fabulous people we want to meet. a talent search for anyone with a sweet tooth. how a bay area chocolate company is getting creative with its holiday hiring. those stories and much more tonight at 6:00. love chocolate. >> who doesn't. >> i'd work for free. >> hand over the chocolate, nobody gets hurt. all right, any news we will bring you about the b.a.r.t strike, coming up at 6:00. cbs evening news with scott pelly is next. is back to square one with less than 48 hours until the government can't borrow anymore. nancy cordes and major garrett are on the breaking news. chip reid looks at the tea party role. anthony mason questions alan greenspan. >> reporter: so we're playing with fire? >> pelley: can states ban affirmative action? at was before the supreme court today. jan crawford reports. middle schoolers are arrested in the bullying suicide of a classmate. anna werner that has story. and david martin on the harrowing battle that earned will swenson the medal of honor.