process of unloading the rebar it fell on him and he was crushed the accident was reported a little before 7:00 this morning. he was take on the a hospital where he was pronounced dead. the victim, 61-year-old man from vacaville. his name has not been released. all construction at the stadium has stopped for the day. this is the second death at this construction site in four months. and now on to the threatened bart strike. trains are running today with a walk out averted for at least a day. the two unions have agreed to a 24 hour reprieve. we're in oakland right now. kate? >> reporter: we know that sciu local 1020 started their meeting with bart an hour ago. we saw mooney go in. we have not seen the representatives go through the doors behind me. we reached out to them several times. >> i'm not taking it lightly, it's very, very serious. >> josie mooney spoke with media just before walking into monday's meeting the message to bart, take back the final offer and bargain. bart's latest proposal put the brakes on sunday's negotiations. management called it the best and final offer to its unions. the hope was the unions would take it and put an end to the strike or no strike saga. >> the bay area is tired of going to bed at night and not knowing if bart is going to be open or not. we need to bring this to a close. >> reporter: this offer was $7 million more than fridays. including a 3 percent raise every year for the four-year contract. but the unions say bart's offer was lower than ones in the past. >> we were very surprised. stunned to get the last best and final offer. it's not an adequate offer. it does not address our safety concerns. >> instead of going on strike the unions decided to give riders a break. and give management a day to take back their offer. >> it's the unions once again who once again delayed this for one more day in hopes that they recognize that made a strategic and devastating error. which if they recover from, we'll go back to the table and we'll bargain. >> barts other union, atu local 1555 will be here in the next half hour to start their round of talk. according to the unions negotiations were going smoothly until bart management's last and final offer. so we're going to have to see how this thing pans out. if an agreement is not mae today, there will be a bart strike tomorrow. reporting live in oakland, kpix 5. >> until bart and its unions figure things out. bart riders are waiting with high anxiety. talking to passengers. and mark, they're saying they're frustrated. >> michelle, bart riders tell me that all this talk of a bart strike is really starting to take a toll on their health. and even though a strike did not happen today, many of them stayed up late last night to watch the evening news cast to see what would happen. magie was watching the news late into sunday night. just to see if she even had a bart ride come monday. >> i'm going to san francisco to babysit my grandchildren. and i was very concerned about the fact that there might be a strike. because then my daughter couldn't go to work. >> many say the strike is stressing them out. but believe it or not, this strike is still news to some like mo hadary. he didn't have a clue there could be a strike. now that you do know, how do you feel about it? >> it doesn't -- >> you're going to end up sitting in traffic. >> yeah. >> reporter: there's now talk bubbling up in the state legislature for a law banning bart strikes all together. bart rider cindy cooper is all for the law. monday she needed to get to sfo and says she spent a lot of time planning alternate routes in case the strike came down. >> to have all those people trying to drive or car pool or find bus transportation. or not go to work. that's really -- i think it's really a mess. >> reporter: but the question is, does sacramento have the political will to ban bart strikes. our political expert bill says no. >> given the power of the unions and the pro-labor stance in california, there's very little chance i think that the legislature would actually go through with it. >> reporter: riders say something's got to give. they can't go on much longer not knowing how they'll get to and from work each day. >> you can't have everything you want. you need to compromise. i say that to the government too. >> when they are under contract, the workers are not allowed to strike. but right now that contract is up which is why a strike could be in our future. live in san francisco, mark kelly, kpix 5. if a strike happens tomorrow. bart will have charter buses. 15 buses will depart from each of these nine stations here. they could serve about 6,000 passengers a day. and car pool lanes will be expanded from 5:00 a.m. to 7:00 p.m. to the bay bridge on freeways including highway 80. 680 and 880. drivers are urged to use fast track and more toll takers will be on hand as well. there will be additional feiries in oakland, san francisco, alameda, alameda harbor bay and vallejo. but parking fills up fast. for more commute alternatives and updates on negotiations check out our strike survival guide on kpix.com. san francisco police are searching for a gunman involved in a pay to tall shooting that a fatal shooting. one person was found dead near the street. no one else was injured. no other information has been released. a san francisco man has quite a tale of survival. 72-year-old jean peneflor is home from the hospital after three weeks stranded in the woods. his family posted these pictures on instagram when he was still in the hospital. he was in good enough condition to smile and give a thumbs up. he was found saturday in the national forest. he had been there since september 24th when he left his hunting partner to find deer on his own. he was knocked out when he fell down a ravine. >> we want to give a special thanks to the hunters that found him. they actually located -- they bumped into each other. found him. and they made a gerny from their jackets and lifted him all the way back up the road. >> he says he ate squirrel, lids and a snake to stay alive. coming up, new technology to your smart phone. the new app designed to prevent distracted driving. how an irregular bedtime can affect your child's behavior. offshore winds continue to flow. temperatures heating up. just how much? we'll talk about it coming up. ,,,,,,,, [ female announcer ] safeway presents real big deals of the week. or how to get great deals the easy way. you do enough flying around. that's why we give you real big club card deals. this week, load up on your favorite coke products. 12 packs are $2.77 each. tide is $16.99 for 150 ounces. that's under 20 cents a load. and oikos greek yogurt is just a buck. real big deals this week and every week. only at safeway. ingredients for life. eastern china... dozens of more than six . look at what happened in eastern china. dozens of people were dumped into more than six feet of water when a foot bridge collapsed. reports say employees try to warn people that the bridge had too many on it. everyone was rescued and there were no serious injuries. well today there are hints of progress towards the budget ceiling stand off in washington. there was a meeting to give senators more time to negotiate. danielle nottingham on how the senate is trying to come up with a compromise. >> reporter: senators are in the middle of slow moving negotiations to try to get the government back open and raise the nation's borrowing limit before thursday's deadline. >> a shut down needs to end. and the debt ceiling impasse needs to be dealt with. and get passed it. >> reporter: over the weekend, talks between president obama and house republican leaders fell apart. now the senate is the best hope for getting a deal done. but there's still some big hurdles. as part of any budget compromise, senate democrats are looking to roll back some of those across the board spending cuts known as sequestration. speaking with furloughed federal workers at a local food bank, president obama told reporters he planned on meeting with congressional leaders at the white house monday afternoon. >> i'm going to once again urge them to open the government and make sure that the united states government is paying its bills. >> reporter: senate republican leader mitch mcconnel is not warming up to the democrat's demands. instead he's endorsing a proposal all ready on the table from senator susan collins. the collins plan funds the government at current levels for six months and raises the debt limit through the end of january. danielle nottingham, cbs news, capitol hill. within the last 30 minutes or so, the top two leaders in the senate have expressed optimism about a deal. trading was down most of the morning. the dow up 65 points. people getting social security are getting a raise. although it's a small one. it will be a historically small increase. it will come in january about a 1.5 percent or $17 a month. in today's health watch, bad sleep habits could cause bad behavior in young children. according to a new study in the journal of pediatrics. u.s. researchers tracked the bedtimes of kids up to age seven and compared the findings with progress reports from parents and teachers. they believe the irregular bedtimes upset the body's natural rhythm. people with heart disease that took care of their mental well being for two year are 50 percent less likely to have a heart attack or die from their disease. scientists looked at nine studies. and patients that took part in talk therapy, music therapy, relaxation exercise or prayer did the best compared to those who did not. help is on the way for drivers who want to avoid getting distracted by their smart phones. microsoft is updating software with a driving mode. enabling users to silence incoming calls and texts and focus on what need to do. it can be configured saying the person is driving. but what the driving mode won't do is block out going call ores texts so the temptation remains to make calls which is illegal. in california, you can put it in your glove box. >> i was driving the other day and saw a woman looking down the other time. >> and it was you looking at the mirror. >> you have to wait a few minutes. we have great weather outside right now. lots of sunshine coming our way. offshore winds, pretty typical this time of year. making for fantastic weather. beautiful as we look toward the bay right now. lots of sunshine all the way to the coastline. temperatures are warming up nicely. 69 degrees in san francisco. 69 also in san jose. and 72 in santa rosa. and 70 in concord. plenty of such all the way to the coastline. the ridge builds overhead. probably a little chilly tonight in spots. lows in the 40s and maybe upper 30s. but beautiful fall weather ahead. you have nice warm days and cool nights. high pressure building in now for the next couple days. you see that offshore wind blowing here. they have snow in the colorado rockies. but we'll keep things dry into the weekend. 70s and 80s in the central valley. 78 in monterey bay. and83 in ukiah. watch this. as we head in toward thursday, maybe high clouds come into the skies. patches of off across the coastline. temperatures as high as 77 in san jose. and 74 in fremont. east bay in the 70s and 80s. beautiful inside the bay. 77 in oakland. 76 in san fransisco. and a pleasant 69 in daily city. over night lows in the chilly spots. 40 degrees in santa rosa. 42 in napa. and 48 in san jose. by day, looking good. warming up over the next few days. cooling down as we head toward thursday. cooler temperatures heading in toward next weekend. but the next few days guys, spectacular. >> beautiful. we like it. coming up, an inspiring story of courage. walking for five days and nights to get an education. >> at night it was really cold. we slept under rocks. >> the bay area student who literally walked to freedom to become the first in her family to go to college. that story coming up next. ,,,,,,,,,,,,,, to thsuffered in silence... hoped... and lived in a state of fear... welcome to a new state... of health. welcome to covered california. the place to find quality, affordable coverage. financial help for those in need. and nobody can be denied because of a pre-existing condition. enroll now at coveredca.com. now, she's focusing her time helping kids facing overwhelming odds to get an education. . wendy is a veteran award winning journalist. she's focusing her time to help children get an education. >> wendy profiles a student from a tiny village in tibet who was the first in her family to go to college. the girl understands freedom some americans may not. >> orientation at oxford college in georgia. she is just one face in a crowd here. but she was a stand out at commencement at albany high in june when she spoke about how she got here. >> the most memorable moment in my life was escaping from my country of tibet. by climbing mountains. i was eight years old. >> most of her classmates new nothing of the dangerous journey that little girl took. first to get to the border of tibet. then walking for five days to freedom. >> at night it was really cold. we slept under rocks. and during the day, close to where the chinese camps are. we have to kind of hide so that they won't catch us. >> and she also described how many people that have escaped have been caught and killed. >> this photo of her with her uncle is the only one she has from tibet. her family risked everything so their children could get an education. >> i had the opportunity. i'm in school. and people in tibet, they don't have this chance. >> i am here for a reason, she says. >> in my seven years as a counselor she's probably the most special student i've worked with. it's her character. how much she cares for others and wants to help others around her. >> reporter: her family lives below the federal poverty line. her father struggles to support them. >> what i have is my religion. you know. and through my religion i've learned to not be materialistic. if you have all the things you need instead of things you want, knowledge is more important than materials. >> people in the bay area may know more than most about the plight of tibetans. they're not allowed to practice their own religion or speak their own language. the tibetan religious leader the the dahli lama cannot go home. >> tibetans have set themselves on fire to protest their treatment under the chinese government. >> i'm scared if this keeps going someday there won't be a tibet. >> reporter: she wants to give tibetans a voice. . >> i've lived in a country where there's no freedom. and i'm living in a country that has freedom. so i see the difference. >> she wants to go into medicine and work in undeveloped countries. ou would like to hel area kids like h her family does not have the money to send her to college. if you would like to help her and other bay area kids like her get a college education go to our website to find out how, kpix.com/sra as in students rising above. >> she's in her 15th year showing students rising above. kpix is proud to bring you her inspiring stories. ,, students rising above. proudly sponsored by basset. ,,,,,,,,,,,,,,,, strike. where negotiations . >> coming up at 5:00, hours left for bart and its unions to avoid a strike. where negotiations stand before the midnight deadline. and the commute lessons learned from the last strike. what says fall better than a batch of fresh apples or an apple pie? tony shows us how to pick out the best fugi apples. >> today's tip of the day is fugi apps. it's fall. it's apple time. apples are coming from washington, stockton, california, all over the east coast. and fugi apples are my favorites. you can find them everywhere. and the price is great. the red delicious apples take a backseat to the fugi apple. nice red color like this all the way around. and it has to be nice and firm. if it's not firm, and there's a little bit of shriveling. that's an old crop apple. you don't want that. you want the new crop. when you bring them home. apples look beautiful on the table. but it's important to store the apples in the refrigerators. keep them cold and crisp. there you go. the fugi apples. i'm tony, and always remember to eat fresh and stay healthy. the winner for the heaviest pumpkin came in at one thou hty-five . from apples to squash, the results are in from the world championship pumpkin weigh off today. >> the winner came in at 1,985- pounds. 50-pounds short of a world record. but gary miller still gets a prize of nearly $12,000. the top three finishers are all from california. that is amazing. that's a whole lot of squash. have a great afternoon everyone. ,, ,,,,,,,,,,,,,,,,,, [ birds chirping ] >> wyatt: no one but you. there will never be another in my life. no steffy. no one but you. >> liam: where is she, brooke? look, i need to see hope. you know where she is. can you just tell me?