strike or settlement. it's down to the hour for b.a.r.t. and its union. >> today is the day. and tonight pressure is mounting for the two sides to reach an agreement before they plunge the bay area into gridlock again. good evening everyone i'm heather holmes. >> and i'm ken wayne. >> what do you want? >> justice. >> when do you want it? >> now. >> reporter: we are just two hours away from another possible b.a.r.t. strike. both sides have been meeting

all days in downtown oakland and into the night. working to come to terms on a new contract. >> the good news is both sides are reporting some progress but as of right now no deal has been announced setting the stage for a second strike. >> ktvu's deborah villalon joins us live from downtown oakland. she has the very latest on where things stand right now. deborah. >> reporter: we're hearing words like hopeful and optimistic. for the last few hours both sides have been inside this building. we're going to assume they're having face to face time which mediators will call them together for that. this would be just the first the of proposals going back and forth between them. b.a.r.t. workers are here they've gathered outside the caltrans building to show support and unlike everyone else they're

wading for word. >> reporter: a day that beagains a gains -- begins like many other, but hopes that it will not end like them. awaiting the mediators call. >> we feel good about where we are in terms of what we're doing. b.a.r.t. without question trying to avoid a strike. a strike like the one in july that crippled the bay area for four days. halted by a month of new talks, that again led to the brink and again the governor stepped in and kept the trains running 60 more days. >> you're dealing with does -bs and dozens of people. in different ways, in difference terms. >> reporter: he says they're too close to let a deal slip away.

>> it would be propostrous. >> reporter: tentative agreements have been reached. but the mayor issues pay and benefits have always been the highest hurdle. >> there has to be a good fair equitable contract on the table. that's not acceptable. >> we're back live now where a group has come out. we're going to listen to what they have to say. >> and clearly a number of other elected officials here

with me. we came here basically today and many days in the last week and even before and our purpose for being here is because we want discussions to keep going. we want both sides to with get to yes. the only way people can get to yes is if things keep going. the gap has narrowed. so when b.a.r.t. management cut off negotiations today by putting forward a final offer at 4:00 p.m., we were disappointed. and we felt that it did a lot of damage. because it impeded progress. if the line is drawn on the sand it's hard for there to be

discussion. so we have asked labor to hold off on any strike action. and it's our understanding that they are willing that the b.a.r.t. unions are willing to take more time and that's what we're encouraging. we also want b.a.r.t. to be similarly responsive. and we want b.a.r.t. to withdraw that final offer so the talks can still keep going. the gap has narrowed and we believe that agreement is possible but both sides have to keep talking. >> do you have any implication what that last offer was? >> b.a.r.t. board of director cannot be,

you can't forget reality b.a.r.t. for taking responsibility. they have to have a meeting. they have to find out from the general manager why this surprise final offer was made. what was she thinking. they need to ask her that. they don't want to strike. we don't want to strike. why was a final offer made at 4:00. my name by the way is bill. i'm the assembly member from hayward. thank you. >> you've been listening to a news conference with some elected officials right there is ellen corvin who is the former mayor of san leandro. state lawmakers concerned about the impact of a possible

b.a.r.t. strike in the bay area. apparently they had given a final offer at 5:00 this afternoon. and it seems like reading between the lines here. the state lawmakers are offer to pull the offer off the table. they're indicating they're very close to a deal. >> reporter: the assemblywoman was a little critical of b.a.r.t. saying this last and best offer they presented to unions earlier this afternoon at 4:30 she said it was impeding some of the progress that the two sides had been making. live coverage of what's happening inside those negotiations taking place right now in downtown oakland trying to avert a second b.a.r.t. strike. we will continue to monitor the situation and bring you the latest. >> right now we want to go back to deborah villalon who has been listening in to this news conference. let's check in with deb. >> reporter: we are listening

and everybody he's as stunned as the state legislature seemed to be. the signs we've been getting all day that the two sides are pulling closer but in fact, they say they've been blind sided with a last and final offer from b.a.r.t. to the unions. when we saw the b.a.r.t. team coming back from headquarters and heading back into the building with a presumption that there was more face to face negotiation going on. apparently now they're at heads because if the union doesn't want to take that last offer and if there isn't any negotiating still continuing, this could push us into a strike less than two hours. again we're listening to state legislators who have been here and have been sitting in not actually participating in the talks but on the sidelines trying to show support. trying to find common ground for the two sides.

and trying to show that politically speaking there is no support for a second strike. it was crippling to the bay area. after the hardship for their constituents and economically damaging as well. so one by one we're hearing state legislators say to the two sides come back together, come back to the table. they're critical in part as we heard because they feel b.a.r.t. had put out a last offer and stopped negotiating. it appears we're back at the same brink where we have been for times over four months where the two sides just cannot seem to get past this number of high hurdles. we know the mayor issues they have been pay. they have been benefits, and pension contributions. they've made a lot of progress on issues. seems those issues are still instrumental on both sides. >> we're going to check in with

you. this is going to develop for the rest of the night. we still have a little less than two hours to go before that midnight deadline. a lot can happen before then. we just have to check in and see how this is going before then. only on 2 tonight, a bay area man tells ktvu what he did to survive in the wilderness for a grueling 19 days. that 72-year-old hunter was alope and lost in the mendocino national forest. patti lee talks to a man who faced face -- faced starvation and survived by what was around him. >> reporter: when you see this man with his family and friends, it's hard to believe he was rescued just yesterday. >> i knew that. i passed out. i don't know how long.

>> reporter: he tried to make light of his plight which started september 24th. heavy fog separated him from his hunting buddy. he step into a crevase. >> reporter: he survived by eating squirrels. >> at the end of the days three squirrels were dead because of me. >> reporter: the only thing he had was seven bullets which he says he knew had to hit their mark. >> reporter: keeping a fire going day and night to signal rescue crews. >> 19 days, i know was nothing for him. so i know he was there. >> reporter: and his faith paid

off. yesterday a hunter spotted penaflor and the ordeal was finally over. the family back together. patti lee, ktvu channel 2 news. his actions have been seen now by thousands, the motivation for doing the dirty work during the government shutdown. >> a computer glitch for covered california. the key piece of evidence that is still not available online to users. >> and a college house party goes out of control. why police say it quickly turned into a campus riot.

breaking news, we're keeping an eye on the b.a.r.t. negotiations. there is the podium, the microphone stand where b.a.r. t. unions held a impromptu announcement. they want b.a.r.t. to continue negotiations. we will keep you posted on the latest minute by minute talks as they continue throughout the rest of the this newscast. now to our continuing coverage of the government shutdown now entering its

thirds week. a rare sunday session today with senate republicans and democrats continuing to struggle over spending. there were some encouraging signs though from today's conversations but in the end lawmakers couldn't break the stalemate. as steve santani said, a gop overplayed its hand. >> the u.s. senate convened today in a rare sunday session. meantime harry reid and mitch mcconnel met yesterday and reid said the conversation continued today. >> our discussions were substantive and we'll continue those discussions. i'm optimistic about the prospects for a positive conclusion. the issues before this country today. >> reporter: senator lindsay graham suggests republicans overreached in trying to fund obama care as part of fiscal negotiations. >> for us to suggest to american people that we can defund obama care by shutting

down the federal government i think was ridiculous. but i think they will open up the government without any conditions is just an immature response. >> reporter: the leading democrat says the only hope lies with the u.s. senate. >> with the democrats, the republicans the senate there's a will. we know we have to find a way. we know the house will not find a way so all of it rests on our shoulders. >> reporter: president obama spoke by phone and they agreed on the need to open the government and raise the debt ceiling. in washington, steve santoni, fox news. take a look at this photo, shows a man cutting the grass at the white house for free. he says he's doing what he can to keep that memorial tidy while employees were

furloughed. the photo was first posted four days ago and has since been liked by 65,000 times on reddit. the statute of liberty reopened today after state leaders in new york agreed to shoulder those costs. that's about $61,000 a day. the popular attraction will remain open until october 17th. if congress still hasn't made a deal by then. state officials say they will renegotiate to keep lady liberty open. it has been almost two weeks since the state has shutdown. that feature appeared briefly before being taken down because what was called uneven performance. there's no word on when it will be restored. the glitch was one of many plaguing website s for the new

health care introduced by president obama. the shooting comes a day after afghan president and kerry reached a tentative deal to keep some american troops inside of afghanistan after next year. most of the post2014 force will work in training positions with a smaller number of special operations forces focused on killing or capturing al-qaida operatives. here in the bay area, volunteers held a packing party to get supplies to afghans in need. trust in education is a lafayette group that wants to bring aid to afghanistan. the founder of the group says he wants america's commitment

to afghanistan won't disappear when the combat mission ends. >> what we can do is help the afghans, the victims of war rebuild their wars and rebuild their country. that's what we need to do and it turns out to be the most rewarding thing we've ever done in my life. >> the supplies they're sending now are critical during the harsh afghan winter. they say it's not uncommon for people to freeze to death because they can't stay warm or money for firewood. today thousands of people spent the day celebrating diversity. it was all part of the fourth annual day of the day at the marina county park in san jose. along with music and dancing people enjoyed free food and even kayak rides. the event featured the designation of the marina as a side of the water trail. the next time you have a dropped call you may want to blame the sun.

researchers at the university of hie -- hawaii say they have found a link between the dropped calls and sun rays. in addition to the cell phone signals they can disrupt your gps as well as cause power outages. low prices is not what clenches the sales, a new survey finds that speed of delivery is more important. both amazon and wal-mart are ramping up their fulfillment services to make sure delivery is not a problem. a dying man's dream fulfilled on his daughter's wedding day. >> i always dreamed of the day he would walk me down the aisle. he did. >> the measures her father went to be with his daughter on her wedding day. finding your way around the bay area if b.a.r.t. goes on strike. >> without b.a.r.t. running i'm kind of dead in the water here. >> why some commuters tell us

the extra buses and ferries just wont be enough. >> in bay area, the area is in the clear but temperatures dropping off rapidly. coming up the temperatures that will be in the upper 30s. the warmest day of the week and when fire danger will be on the increase.

we continue to follow breaking news in downtown oakland where we still don't know at this hour if there's going to be a b.a.r.t. strike. we're only about 90 minutes, 95 minutes away from the deadline for the b.a.r.t. strike to take place. negotiations have been going on all day long. but the latest we have now is that management had submitted a final offer at 4:00 this afternoon. we just learned that about 20 minutes ago from state lawmakers who held an impromptu newspapers angry at b.a.r.t. management. they say they want that offer pulled so that both sides can get back to the bargaining

table. we'll keep you updated on the b.a.r.t. labor negotiation. a party went wildly out of control last night in bellings washington. as police tried to break up the party that had spill on to the street. partiest started throwing bottles and cans at officers. it quickly turn into a full out riot. at least three people were arrested, nobody was seriously injured. all right a dying father in ohio this weekend was able to keep a promise he made to his daughter to walk her down the isle -- aisle on her wedding day. yesterday a team of doctors and nurses volunteered their time to get him ready for his daughter's big day. they fitted him with a tuxedo and fit him on a stretcher that went down the aisle along with

his daughter. >> i always dreamed of him walking me down the aisle and he did. >> there are no guarantees in life when you can do something like this. this is a bonus. >> reporter: nagey stayed for the entire ceremony. his doctors felt it -- felt the reception would be too much so he delivered his toast via skype. members of the bear league have been keeping vigil at traps set by game wardens. they also used pinesol to keep the bears away. we're continuing to monitor

the ongoing talks between unions and b.a.r.t. >> those lawmakers just asked b.a.r.t. and the union to keep talking and do everything possible to avoid a strike. we will have much more coverage and a live update coming up in just three minutes. blood pressure -- >> the highway of the future. why california law payers may have to flip the bill for hundreds of hydrogen fuel stations across the state.

returning now to our breaking news. the ongoing b.a.r.t. talks the frustrations the two sides have reached a deal. state lawmakers call for talks to keep talking. we're going to head out,

where you can see outside. b.a.r.t. management teams the negotiators for the management have returned and we're waiting to find out whether or not they're going to retract the offer what was said to be the best and final offer at 4:00 this afternoon. and get back to negotiating with the b.a.r.t. unions. the good news is people are inside that building. those are union members there that you're looking at on that side of the lobby and we're waiting to see what happens next. we do not know if there's going to be a b.a.r.t. strike at midnight. that's what we're waiting to find out. we will keep you posted if anything happens during the rest of this newscast. if b.a.r.t. workers do go on strike, there will be a few options to getting around. those who aren't trying to get in and out of san francisco could have the toughest time. the train from walnut creek

to millbrae has been getting mark to and from work. he's a chief engineer. a two hour commute for him on a good day. if b.a.r.t. strikes, he says a few extra buses will not be good enough. >> reporter: what's your plan. >> right now i have two feet and a thumb. >> reporter: and he's not kidding. tony says he had to go to extreme measures. >> i was actually hitchhiking. no kid, i was hitchhiking to work the san francisco bay ferry will have extra boats servicing. county connection is prepared to run extra buses from here walnut creek to concord. but in the event of