>> reporter: the unions say bart's last, best and final offer is a bust. >> it does not address our safety concerns. . >> reporter: bart's offer, 12% increase over 4 years. a worker who makes $60,000 now would make 67,500 in the final year and a thousand dollars a year bonus if ridership beats forecast. workers pay 9.5% of healthcare costs. $132 a want and contradict 1% to their pensions increasing 1% a year. still a strike looms every larger. >> i hope what will hanan today -- happen today is management will heed the call and rescind

the offer. >> reporter: bart at $30.50 an hour ranks third behind new york and boston. but ahead of washington and philadelphia. in the bay area bart is top paid among transit systems. ahead of muni, sam trans, a.c. transit and the golden gate transit district. >> the offer they knew in advance we would be unable to accept. >> reporter: why that last offer is so important is at 6:00 p.m., but live, the president of the bart board of directsers about to announce -- directors is about to announce that. what compliments that is a a.c. transit strike as well. >> speaking of the a.c. transit strike this will be

unprecedented if bart and a.c. transit will be on strike at the same time. >> take the bay bridge crossing, 16,000 people every day ride a.c. transit across the bridge. if they are like the bart folks, half of them, 8,000 will put cars on the bridge. think about what happens with bart and a.c. transit, all those people trying to get across the bridge, ferries and buses, it would be useless. the president of the bart board is here and i will put a microphone up here and as soon as you want to take him, please do. >> reporter: he is the president of the board and under pressure to get this

resolved. >> thank you for coming out. the last, best and final offer, i was authorized, we feel we reached the limit of what we are prepared to offer. the bargaining team is inside. they staid there -- stayed there till 2:30 a.m. this morning, they are there again today. we want to keep the conversation going. we have been at this for 150 days at this point. and we think it is time for the union leadership to let us know, to let the people know whether they will take an offer to their membership. it is the middle of october. a.c. transit negotiations have bib going on -- been going on at the same time, and the

negotiations, we have not seen a single offer taken to the membership. we think we got a great offer on the table. we have a 12% base -- wage increase that they will get regardless. we have built into this a bonus. if rider hundred and revenue -- ridership and revenue is growing, they could get a thousand dollars additional. so the economics of the deals are important. the other thing that is important to us is work rules. we have a well paid work force. we offer great benefits. what we need are a set of rules that allow them to work efficiently and deliver the service our customers need. one of the big issues for susben fishal best practices

says if we allow workers to do something, you give them a perq, allow them to park their car in this area, suddenly that right goes to everybody in their unit. so this is a way of increasing costs and limiting management plexability that has become crippling for the district -- flexible that has become crippling for the district. i will give you an example, if you have been faxing a report to people we can't ask you to e- mail it anymore without a agreement, the union would need to say agree, we are e-mailing it. you could imagine this building -- [ talking at the same time ] >> the head of the bart board of directors talking about the last, best and final offer that is presented to the union

workers. he said that they have reached their limit of what they are prepared to offer. he also said it is time for the union to tell us whether they are prepared to take this membership. he think they have a great offer on the table, including a built in bonus of $1,000 built on ridership. all of this with the threat of a strike, a bart strike at midnight tonight if there is no agreement and as we have been reporting here, a.c. transit now says it could go on strike as of thursday morning. we will follow this, we are working to get reaction from bart here as well as a.c. transit drivers and riders and we will continue to update you through the next 90 minutes on the possibility here with the new developments involving the bart negotiations and the new developments involving a.c. transit strike. the frustration among

commutesers growing with word of the -- commuters is growing with word of the strike. ktvu's paul chambers is live with all the stress this is causing for so many. >> reporter: i spent a day with bart riders who are tired of being held hostage. they are stressed out about the potential strike and they will be on pins and needles waiting on the decision. >> two hours sleep from the stress. >> i will have to ride my bike. this is what i rely on. >> scary. it is hard. people my age with no cars and that is what we depend on. how do we make money? >> reporter: we are in the heart of rush hour so we will talk to people about how they feel about the potential strike and what they plan to do if bart goes on strike, live, paul chambers, ktvu channel 2 news. >> more details now.

if a strike happens bart will charter 200 buses from 9 locations. we highlighted here for you. they would drop off passengers near the transbay terminal from 5:00 a.m. to 8:00 a.m. and they would leave from 3:00 p.m. to 7:00 p.m. other agencies plan to pitch in if there is a strike. there is a threat of a a.c. transit strike as well thursday morning but if that does not happen and a.c. transit workers are on the job a.c. transit will increase their service, especially between the city and the east bay. the ferry very popular alternative during the last strike they will add adecisional ferries and service -- additional ferries and service and extending carpool lanes. what do you think about bart's best, last and final offer? do you think it is fair to union workers? that is what we are asking on

facebook. share your thoughts. search for ktvu channel 2 news. our coverage on the strikes continues throughout the newscast. at 5:30 p.m. ktvu's david stevenson talks to mayor ed lee, got off a plane and postponed a tripe to be in the -- trip to be in the bay area and ktvu's eric rasmussen introduces us to a woman who says there are no good alternatives and new information on the a.c. transit strike situation as well. it has happened again. another worker killed during instruction of the new 49ers stadium and we have new information, including the name of the person. ktvu's ann rubin is live where the contractor just finished talking with reporters. >> reporter: cal-osha investigation could take months however the contractor has been cleared to get back to work

tomorrow. >> reporter: the death is devastating. >> everybody has to watch out for everybody so when something like this happens everybody feels it very intensity. >> it happened after sis 30:00 a.m. this morning -- after 6:30 a.m. this morning, he was rushed to the hospital but it was too late. he died from his injuries. they identified the man as edward lake, jr. he was a contractor. >> at first it was shock and then it was tragic. we had a fellow co-worker, i think that sank in really quick. it is emotional. banged up in there. >> reporter: this is the second fatal accident here in the last four months.

in june a mechanic was killed. today's incident is under investigation. the contractor says he will hold a special meeting with all the workers before they reopen in the morning. >> we will have proper support systems in place to assist them in dealing with their emotions following this tragedy. >> reporter: we will have more on the accident and on the safety record of the sub contractor at 6:00 p.m. live, ann rubin, ktvu channel 2 news. >> and more details now, the 49ers released a statement today after they learned of the death. our thoughts and prayers are with family, co-workers and friends effected by this tragedy. the government shut down, day 14 and today hopeful news came. leaders in the senate said they have been working on a deal but could it mean an tend to the

shut down? ktvu's julie haener with developments. >> reporter: in a surprise announcement today the leaders of both parties said an agreement is in the works. >> i am very optimistic. we will reach an agreement -- we will reach an agreement this week. >> had an opportunity over the last couple dize have some very constructive exchanges -- days to have some very constructive exchanges. the discussions continue. >> reporter: president obama had planned to meet with leaders at noon our time but postponed the meeting to give them more time to work on a deal. he spoke this morning during a visit to a food pantry. >> there has been some progress on the senate side with republicans recognize it is not tenable, not smart, not good

for the american people to let american default. >> reporter: the deal would fund the government through mid- january and raise the debt ceiling through february but there is no indication it would pass in the house of representatives. julie haener, ktvu channel 2 news. he ate skirls and lizards and the hunter lost in the wilderness for 18 days, how he survived. >> muggings on the university of california at berkeley campus, what police are doing to stop it and what they are saying to students about cell phones. >> the weather has been great but fire danger will creep up as well as the temperatures, what does that mean for you? back here in just minute.

new developments on the cal campus. university of california at berkeley issuing a crime aalert after four people were accost -- alerted after four people were costed. ktvu's rob roth is live with a warning from police and now crime numbers compare to last year. >> reporter: university of california at berkeley police are stepping up patrols and they are warning students to keep cell phones out of sight when they are walking around. >> reporter: university of california at berkeley police officers are increasing visibility day and night around campus these days. >> crime happens in big cities so it happened. >> reporter: lash night police say a -- last night police say a student was walking when two men -- two men approached him. >> produced a fire arm. took his cell phone and ran

off. >> reporter: on saturday another student was approached by three men. when they tried to grab the student's back pack the student yelled and they ran off and last week, a woman was accosted at gun point and struck with a gun by a man demanding money. >> we are working with city of berkeley to find out if there is a connection. >> reporter: there has been an increase on crimes this year. including robberies. on the campus today it wasn't hard to find students walking with ear buds on with their cell phone ez. >> if i am -- cell phones. >> if i am walking alone i will have it on me so i am wary. >> aware of my surroundings. if anybody looks suspicious i

might put my phone away. >> reporter: police are advising students if they are alone to call for a campus escort. rob roth, ktvu channel 2 news. we have good news. a missing man was found this afternoon. he is suffering from the early stages of dementia. he disappeared yesterday. there are reports he was found 10 miles from home without his shoes and he was trying to get into someone's home. he had i.d. on him and identified as the missing man. authorities say she in good shape but he was taken to a hospital as a precaution. more waiting for the family of a woman who was found dead in a hospital stair well. lynne spaulding disappeared at safety regulation safety regulation last month -- san francisco general hospital last

month. a smokes person told ktvu they are waiting for the medical examiner's office to release her body. officials haven't yet said how she died but they have ruled out foul play. warm out there this afternoon. our chief meteorologist bill martin, what the rest of our work week has to offer. >> warm weather continues. fire danger comes up. we are not expecting advisories. temperatures warm but not hot and we should be in good shape. we have a lot going on everywhere but here. mid-west, plains, big weather but for us we have a weather system that is creating high pressure here. see there is no clouds. high pressure is building in and winds are doing this. as they do that temperature comes up. it is not going to be a major wind event so we are not anticipating red flag warnings. 78 fairfield right now. 79 in livermore. 77 san jose.

nice warm day. highs tomorrow just like these. winds right now all over the place. a northwesterly wind. sfo out of the west. winds are clocking around. tonight and tomorrow they will be out of the north and northeast. over night low, cold this morning, cold tomorrow morning, chilly tomorrow morning, upper 30s. not as cold but still chilly. high pressure monday, tuesday, wednesday. and beyond that. takes the fog, you know this, pushes it away. this sets us up with higher fire danger and hire temperatures. around most of this week. elevated fire danger. late tonight, early tomorrow as the winds get going. if we saw gusts at 25 that would be the max. nothing like last week.

tomorrow, microclimates washout. 70s, coast, bay, and a couple low 80s inland. you get the picture. 79 towards the danville area. the five-day forecast with your bay area weekend in view warmer but again 82. 80 around the bay. wednesday same. cooler around the bay. temperatures mild to moderate. there is your five-day forecast with your bay area weekend in view. fire danger right now bearable. we will watch it closely. >> thank you. national parks taking a hit from had government shut down. >> this is a economic disaster caused by congress and the president of the united states. >> how much money has been loss and new estimates are not even the total cost. >> julie haener is here now for what we are working on for 6:00 p.m. >> replacing paper and pencils

with technology, how standards could jeopardize millions. >> drivers are preparing for a messy commute tomorrow, the new rules in effect and how much extra time you will need to get around if bart workers go on strike. >> these stories and much more coming up new at 6:00 p.m. er jack cheese, mushrooms, jalapeños, bacon, tomato and avocado. i call it, "the avocado da vinci". create your om'lart with denny's build your own omelette menu.

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with qualifying bundles. breaking news to report from menlow park. caltrains service is delayed after a pedestrian was hit and

killed on the train tracks. aa major street. the tracks and the fact there is no activity because trains are stopped. cal train number 258 struck a pedestrian at 4:22 p.m. this afternoon. bus shuttles have been brought in. and sam transis accepting fairs on its buses. we don't know why the person was on the tracks. we are working to learn their identity and understand more fact said. a cal train hit and killed someone on the tracks in menlow park. service is delayed and passengers are being bussed to their destinations. $76 million a day. how much national parks are losing in revenue every day the government is shut down.

and that doesn't take into account the neighboring businesses that depend on tourist dollars. >> what am i supposed to say to my employees? what am i supposed to tell their families? this is an economic disaster caused by congress and the president of the united states. >> he runs a business and he is not alone. yosemite national park would normally have seen 106,000 visitors over the past 14 days and they would have spent money. the same is true in the nation's capital. >> effecting so many more people than just the people out of work and i don't think the government realizes it. >> business owners have signed a letter to the senators asking them to the end shut down. 5 states opted to pay the federal government to open

national parks. california is not one of them. we are counting design the debt ceiling deadline and at -- down a the debt ceiling deadline. our coverage continues on the looming bart strike. >> san francisco's mayor, what he told us about the talks between the two sides. >> new information about a man who was shot and killed while driving in the east bay.

complete bay area news coverage continues right now, this is ktvu channel 2 news at 5:00 p.m. >> what rar -- what are the chances bart will be running tomorrow? there is still no agreement between bart and the unions. they set a midnight led line or workers could walk off the job. bart presented its last, best and final offer. the unions want bart to re-- want bart to retract it. mean time a.c. transit workers also issued a 72 hour strike notice and they could walk off the job thursday

morning. mayor ed lee has been working the phones in hopes of betting both sides to budge. >> ktvu's david stevenson tracked down mayor ed lee. david? >> reporter: we were the only camera crew it catch mayor ed lee as he left city hall. he was set to fly to china this morning for a business trip but he got off the plane because of his concern about a possible bart strike. the mayor spent the afternoon working the phones with aids calling bart management and the governor's office just to see if it is audible to avert a walk off and he said the outlook isn't good. >> there is still hours. they will make another presentation at 4:00 p.m. but it didn't sound good. people were getting ready to go out. that is really bad.

>> reporter: miscommunication between both sides on the financial figures brought bart to the brink of a strike. mayor ed lee launched talks to coordinate other modes of getting around because he expects increased car traffic will lead to major back ups during the evening rush hours. >> we want to stagger people. might have a conversation with employers and employees to stagger people going home. that is when it gets crowded on the bridge. >> reporter: he is not taking sides but he said san francisco's ban on muni bus worked well here because it forced both sides to work together. it is not clear if or when the mayor may continue his travels to china. david stevenson, ktvu channel 2 news. >> if bart workers go on strike tomorrow there are plans to help people get to and from san francisco but we are hearing

from others who depend on bart even though they aren't going into the city and for them their options are limited. ktvu's eric rasmussen is live and tells how he uncurved new numbers. >> reporter: talking about tens of thousands of people effected. here at the bart station. it is here on 580. a woman makes the 45 minute commute from oakland and she among many who don't have a simple solution to get to work without bart. >> reporter: where she catches an a.c. transit bus near her house in oakland and then takes a ride on bart to get to her job. with no car her options without bart are not pretty. >> it did effect me the last time. >> reporter: she struggled to

come up with a back up plan during the last strike in july. >> they gave me a million options to get to work in san francisco but i don't work in san francisco. >> reporter: 90,000 or 22% begin and end in the east bay. >> the thing that will work best to hayward, or dublin will be carpooling. >> reporter: rather than rely on limited shuttle bus service he says east bay commuters should take advantage of a ride share service on 511.org. >> there is a database of tens of thousands of people that are already in this carpooling system that 511.org runs. most people don't know about it. >> reporter: if there is a strike the transit system,

wheels, is offering a free special service from the east dublin station but space could be limited. eric rasmussen, ktvu channel 2 news. >> our coverage continues at 6:00 p.m. live outside caltrans headquarters where the unions are still negotiating over the final contract offer and a look at what the chp is doing it prepare for a walk out and what you will need to know about the special carpool rule that will go into place in the event of a strike. stay with ktvu channel 2 news for continuing coverage and a possible strike tomorrow morning. you can get updates online at www.ktvu.com as well as facebook or twitter. and our ktvu channel 2 news morning news can help you navigate the morning commute, tomorrow morning they will get rolling half hour earlier at 4:00 a.m. a shooting in san francisco left a man dead this morning. police officers say they got a

call of 4, 5 gun shots and found a man laying face down about 4:30 a.m. they performed cpr but he died on the scene. people in the neighborhood hear gun shots from time to time. >> hasn't happened in a while. >> police haven't released details about the victim. the investigation into last week's death of a child prompted a new round of interviews today. he died monday at san francisco general hospital. the medical examiner is calling his death suspicious. no one has been arrested but investigators reinterviewed members of the family. the man killed in a deadly shooting sunday evening has been identified. he was shot around 5:30 p.m.

he drove for 3 blocks before crashing into a tree. he was pronounced dead there. no motive. a reward is being offered for information leading to an arrest in the case. man is telling an incredible story of survival after he survived 19 days in the mendocino national forest. he stepped in a kavas and got knocked out and woke up stranded. he said he survived by eating lizards, squirrels and a snake. >> several days, three squirrels were dead. because of me. >> he covered himself with leaves to stay warm and most importantly he said he did not panic. a group of hunters found him

std. for our inter-- him on saturday, for our interview go to www.ktvu.com. doing the wave at a football game, why the timing of the wave is causing controversy, even the team owner called for fans to back off. >> a show down of giant pumpkins in half moon bay. >> why a dog owner said a hotel owner is to blame for the dog being on meth.

the fbi joined the investigation tiny dry ice -- into a dry ice explosion at los angeles international airport. it blew up in an employee bath room last night. it was found in a toilet. the explosion delayed security screening for baggage handling. no one was injured and it is not clear how someone brought that into the airport. woman in arizona claims her dog had a melt down because a hotel room wasn't properly cleaned. her dog started acting weird two hours after they checked in. she said the dog had a racing

heart has she threw her head around. >> i was shocked. >> it is not mine. we have been in the car for 14 hours. >> she took the dog to a vet where it pested positive for -- tested positive for methamphetamine. the hotel is investigating. his art pieces fetch 6 figures but over the weekend some lucky new yorkers got them for $60. he sold his work out of a stall over the weekend. according to a video it took 4 hours before the first sale yesterday. the customer bargained to get two for the price of one. coming up a record breaker. >> wow! >> very big. >> look at that.

why this pumpkin captured more than the title that half moon bay pumpkin weigh-off monday. >> this veteran is turning to strangers. why two people have been told they can't help. >> back after the break, fog free along the coast. temperatures are coming up. you know that. how warm in your neighborhooded and the -- neighborhood and the partly cloudy skies, how much -- five-day forecast, how much cooler. [ male announcer ] you can change your tomorrow

if you do something today. and there's never been a better time because this year, devry university has $45 million dollars in need and merit-based 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.

some key members of the san francisco 49ers are speaking out about the crowd's contact after a player was -- conduct after a player was injured. he suffered a serious neck injury. he was down for several minutes. while he was being attended to some of the fans in the stadium did the wave. and several 49ers gestured to the crowd telling theme stop. -- them to stop. jim harbaugh said the fans should have recognized the seriousness of the injury. >> i think people know it. the cart is coming out on the field that is signified a pretty serious injury. and, you know, best thing to do is, you know, silence, let the doctors do their work. >> he was taken off the field on a stretcher. 49ers ceo tweeted this after

the game, to say i am disappointed some fans did had wave while he was down is an understatement. hope you get well soon. oakland's fight to keep its teams leaving continues tomorrow. the city counsel will discuss the coliseum city project for the raiders, a's and warriors. several investors have shown interest in the project. giant pumpkins rolled in for the pumpkin cop test. the win -- contest. the winner was the heaviest, 1,985 pounds. ktvu's janine de la vega shows us the massive pumpkins now, including it record breaking winner. [ singing ] >> reporter: main street was a sea of orange.

there were pumpkins, massive pumpkins. >> every year they are getting bigger and bigger. we want to try it one year. >> reporter: growers showing off what they have been working on. atlantic giants competing for heaviest pumpkin. >> seed location, skill, weather and luck. >> reporter: he broke the world record for the heaviest pumpkin, 2,032 pounds. he couldn't enter the same pumpkin but brought another giant. >> you never know. lot of things could go wrong. a soft spot. >> reporter: headquarter lift said hauled in the -- fork hitted hauled in the -- fork lifts hauled in the pumpkins.

>> 1,195 pounds. gary miller. gary miller is the champion of the half moon bay pumpkin weigh- off monday. >> the top four heaviest pumpkins this weekend at the art and pumpkin festival. >> reporter: janine de la vega, ktvu channel 2 news. >> you know you are in the bay area when you are in short sleeves and shorts. this is our october weather. outstanding bay area weather. fire danger increases. this pattern stays with us all week. fire danger will go up a little bit. the numbers outside. highs from today. these numbers warm.

no fog along the host. when you look at the map, clear there, flow, that is high pressure center. you knew that. we got that dominating our weather. no clouds. no fog and temperatures continuing to remain in the 70s and low 80s. tomorrow just like today but warmer. tuesday through wednesday more warmth in the forecast. bay area forecast, temperatures represented by colors, 80s, 70s. 70sare mid-70s. oranges are low 80s. along the coast 60s and 70s. this week, warmer than it has been as the high pressure sets up. today was warmer. tomorrow and wednesday. temperatures peak on wednesday. doesn't look like record heat.

warmer into wednesday and stabilized. downtown san jose tomorrow 79 degrees. 82 with vacaville. 79 clear lake. today warmer -- or tomorrow warmer than today. 82 morgan hill. 81 gilroy. along the coast, sixties and cities. nice looking bay area forecast -- 70s, nice looking bay area forecast. trend down saturday and sunday. there is the five-day forecast. good one. we will watch it. 5 danger elevates but not in the advisory level yet. we will keep an eye on it. >> this is one of the key fire danger months. >> absolutely. >> thank you. some of the highest paid women in the bay area. three days till had debt ceiling deadline, the changes you could see immediately. >> julie haener is here now for what we are working on for 6:00

p.m. >> changes in the classroom could cost the state millions, the reason it could be risky. >> drivers are preparing for a messy commute tomorrow, the new calpool rules and -- carpool rules and how much extra time you will need to get around if bart strikes. >> these stories and much more coming up new at 6:00 p.m.

british police released these sketches of a responsible suspect in the disappearance of madeleine mccann. crime watch featured the sketches tonight along with a dramatizization of what police think happened to her. snapped by u.s. forces this month, he is now in the united states. abu anas al-liby was transferred to new york over the weekend. a special ops team grabbed abu anas al-liby at his home on october 5 and took him to a navy ship for interrogation. she suspected of plotting the 1998 u.s. embassy bombings. facebook is now -- facebook now has an off in

israel. they are buying a small start up. the company helps cut data consumption on smartphones. that is important to facebook's goal of getting people connected to the internet for little or no cost. another deadline is looming as the treasury department will need congress to raise the debt ceiling oo avoid -- to avoid a default. what failing failing failing to extend the debt ceiling means to you. >> reporter: when the politicians talk about the debt ceiling, it is like your family budget. if the government can't boreo they -- borrow they wasn't pay their bills. >> i tell my husband if they could learn how to live the way we live we wouldn't have the

issue with the debt ceiling. >> reporter: no matter how we got here experts say not raising the debt ceiling would have a huge impact for all of us. >> this -- has no money -- treasure has no money to pay salariesorally social securities. >> reporter: -- salaries or social securities. >> reporter: within days of a default millions of americans wouldn't get government checks, medicare, social security, pay for active duty checks. they could be on hold. >> if we go into default it can't be made. the government has to use their credit card. for every dollar they spend they are only taking in 70 cents in revenue. >> it isn't a license to print new money or spend more money. it is to keep creditors from

fining us. >> reporter: default would cause chaos on wall street and that means a impact on your 401(k). justin gray, ktvu channel 2 news. 84-year-old man is asking the public for unusual help. he says he needs a kidney donor. he has to undergo dialysis and no one in his family is a match so he has taken to the street hoping a stranger will meet his need. >> i know oklahomans are generous people and i thought if somebody saw me out here and saw that i needed a kidney maybe somebody would give me one. >> so far he had two strangers offer to donate a kidney, unfortunately neither was a match. a new list of the highest

paid women is out and the top three are from the bay area. topping the list with $43 million is the president and cfo of oracle. next yoo-hoo ceo. 36million. facebook ceo is third on the list with 26 million. now at 6:00 p.m. the perfect storm is brewing for bay area commuters, bart could go on strike at midnight and one of the key parts of the transit plan could go on strike. >> the second deadly accident at the new 49ers stadium. we are taking a look at the safety history of the company involved. >> california classrooms are doing away with standardized test, the gamble the state is making. >> complete bay area news coverage starts right now, this is ktvu channel 2 news at 6:00 p.m. it could be a double happy

for the bay area as -- whammy for the bay area. a.c. transit pull the strigger and pull the -- trigger and trigger and gravinotice of a -- gave note offense a strike. i am julie haener. >> and i am frank somerville. >> a.c. transit workers gave their 72 hour strike notice, they could walk off the job on thursday. bart carries 400,000 riders a day. a.c. transit carries 174,000. runs 116 bus lines and 30 go type san francisco. if -- into san francisco. if there is a bart strike there could be fure options for commuters thursday. if both go on strike we could be faced with a mess. ktvu's tom vacar is live where