it was part of a sort of may yeah cup pa from the bart board -- mea culpa from the bart board. he is open and ready to listen so i believe he will be taking all of these recommendations under his belt and we'll see what happens. >> okay. anne makovec live for us this morning in oakland. thanks. >>> happening today, east bay fast food workers plan to walk off the job and are not the only ones. similar protests are planned in 100 u.s. cities. workers are pushing to raise the minimum wage to $15 an hour. a majority of workers' income is below the poverty line and many have to seek federal assistance. the national restaurant association says labor groups are behind the protests. >>> what will it look after all the dust clears from the city by the bay? from coit tower to the transamerica building, the city has always had an iconic skyline but in a few years, it's going to look something like this. new buildings popping up means tens of thousands of more people and jobs. if you think san francisco is too crowded and expensive already, just wait. our phil matier went to ask some city

today the bart board will get its report card. ix 5's anne makovec is at oakland's fruitvale bart station and anne, the oscar grant killing right there at that station is one of the reasons for that audit, right? >> reporter: yeah. that was almost four years ago. but even the name fruitvale station has a different ring to it after that. that is one of many events from which the bart police department is being forced to learn. >> it's always good to have a extra set of eyes. >> reporter: in this case former chief patrick oliver examining how 55 reforms were implemented after being recommended in 2010 by the national organization of black law enforcement executives. some of the events under the microscope the naked acrobat in may attacking passengers in san francisco. officers took a painfully long time to show up. and the highest profile, the 2009 shooting of oscar grant captured in this cell phone video. officer johannes mehserle claims he mistook his firearm for his taser. i spoke with police chief kenton rainey as this assessment

now the bart board has a problem with the contract with another union. the district says the tentative agreement approved contains an incorrect date relating to a change for retirees. firefighters getting closer to containing the fire in big sur. san ramon has a pig problem. >> could the superbowl be on a saturday or a monday? the pacers heat, lebron james. highlights straight ahead. >>> stay tuned for inside edition. the patriarch of the duck dynasty clan causes problems a subaru... ...are the hands that do good things for the whole community: the environment, seniors, kids, and animals. that's why we created the share the love event. by the end of this year, the total donated by subaru could reach 35 million dollars. you get a great deal on a new subaru. we'll donate 250 dollars to a choice of charities that benefit your community. it feels good to be a helping hand. >>> only on kron4, san ramon's pig problem doesn't appear to be getting better. they destroyed several lawns leaving homeowners frustrated. kron4's j.r. stone is there. >> this is all few

>>> just one hour ago, several of the largest unions representing bart workers filed a lawsuit in alameda county court claiming the board of directors illegally broke an agreement on a new contract. mark kelly is live at the courthouse with the very latest developments. mark? >> reporter: well, michelle, this lawsuit makes three major claims. one, bart can't take back the total package agreement without good cause. and the unions say calling one part of that agreement a mistake is not good cause. claim 2 bart must execute the final agreement and claim 3, bart can't snip out one part of the agreement and essentially say no negotiating just take it or leave it. so here's a little background on this whole thing. the uproar has been over paid family leave. november 21, the bart board instructed management that paid family leave is costly. so they said first, get the family leave provision out of the contract. then and only then could they sign the contract saying it being in the final deal was a mistake. no surprise that is not sitting well with the unions. sei and atu say this only prolongs labor negotiations. plus managem

as this is revealed, the man expected to take over as the new president of the bart board says he is planning to appoint a committee to look into the agency's labor talks process. it's been almost two months since bart and et cetera largest unions signed a tentative agreement which bart disputed saying it didn't mean to sign off on one of the clauses, one that allowed workers six weeks of paid family leave. the unions are suing the bart district over that as they try to negotiate a new deal and now we are finding out about another mistake, this one in the contract for bart's third union, the smallest consisting of mid managers. here's kpix 5's political insider phil matier. >> reporter: this time, they messed up the dates on when new hires would have to start waiting longer to get into the retirement and healthcare programs. this is more of a technical mistake, i'm not sure it's going to cost as much as six weeks family leave. >> reporter: it's been a rough year for bart. marathon bargaining sessions and two employee walkout leaving commuters unsure of whether or not trains will keep

you know when the next meeting will be held when they will vote up or down on this contract. >> bart board meetings are generally held on thursday, they could hold a special meeting, but the general manager said in a statement -- or bart issued in a statement they would get this done as soon as possible so we will see if that happens this coming week. >> all right, that is mike reporting live from the bart station. >>> public transit commuters will be happy to hear that ac transit and union leaders have reached a tentative agreement as well, this comes as a 60 day cooling-off period ends tomorrow, the possibility of a strike had been looming. bus riders and mechanics must still vote on it. they have previously reached two agreements with them but union members voted both of those down. they provide more than 180,000 trips every day. >>> a 24-year-old man is behind bars this morning after a deadly bar fight in antioch last night. police say the suspect turned himself in after witnesses say he choked a 41 year old vallejo man at delta bowl, the victim was taken to the hospital where he later

the bart board approved the contracts minus the provisions. no one knows when the judge's ruling might come down or whether or not they will be able to settle it out of court. what everybody wants to know is will there be another bart strike? at this point the unions say they have not even discussed that. but they are leaving that open as an option. in pleasant hill, ann notarangelo, kpix 5. >>> we now know what caused a fire under a bart train in orinda back in october. bart says that a piece of equipment under the car overheated and sparked the flames. two parts intended to cool the equipment were missing. nobody was hurt. the fire caused major delays force, the closure of the orinda bart station for several hours. >>> palo alto is looking to save the city money but it may cost some workers their jobs. as our len ramirez reports, street sweepers are getting the word their jobs may be outsourced, right at their busiest time of year. >> reporter: street sweepers in palo alto are like turkeys and football players. it wouldn't be fall without th

the unions say once the bart board votes to approve it, they will ask their members to ratify the newsed. bart and its unions did go back to the bargaining table after the transit agency set a provision granting workers six weeks of family leave was mistakenly included in the new contract. the union president released a statement about the agreement saying we negotiated in good faith for seven months. we have been outraged that bart management would hold the bay area riders hostage like this. we expect the bart board will now do it's part and do what they should have done all along, approve this contract. once they do, we will ask members to ratify it as well. >>> bart's general manager also released a statement saying she will recommend that bart's board ratify the agreement. in a statement, she says after uncertainty, this deal with guarantee the agency's focus will be on providing great service through the holiday period and beyond. >>> union leaders say they will present the agreement to their members at 10:00 this morning and recommend that it be approved. news of the agreement c

the bart board will be briefed on the train break down in the berkeley hills tunnel and consider bart fare changes. >> the agency that oversees development in the san francisco way has launched a remain for am investigation into google secret barge at treasure island. right ares is reporting the agency is looking into which prime ministers are necessary to build the barge and what the owners of the pier have the proper permits. google officials notified san francisco bay conservation and development commission they were making changes to the barge design. this week the chronicle reports that the barge is the first of three floating retail stores for launching the google glass eye area. google has described it as a "temporary space" to learn more about new technology. >> low temperature records could fall today. lisa? >> we have numbers in the 40's in san francisco and upper 30's in oakland but a trees wanting is -- freeze warning is in effect this morning until friday morning so it will be as cold tonight but, this morning, yes, we are cooler. colder than yesterday morning. 26 in sant

so next, the bart board of directors will be presented this tentative agreement. if they vote to ratify it, it will be taken to the union members for a final vote. we're almost there. >> all right. as you might image bart -- >> not having the bart trains running is probably the worst thing ever. i'm very happy it's come together and stop holding the public hostage. i had to find other transportation. >> we can all go to work happy. >> bart released this statement about the tentative agreement after 8 months. and more good public transit news tonight, ac transit and union members have reached a tentative deal. the possibility of a strike has been looming. the tentative agreement will be next voted on by bus drivers and mechanics who make up the union. ac transit provides more than 180,000 trips a day. >>> heart breaking news tonight about a 17-year-old girl injured in a colorado shooting. claire davis has died after a week in a coma. she was critically injured after another school entered the school with a cocktail bomb. police believe the teacher was the target an

. >> bart's board union members have yet to vote on the deal, but it looks like a contract compromise has finally been struck. >> and it looks like we will avoid another bart struck in the near future, at least for the next few years. that controversial family medical leave issue in the ongoing dispute has finally been resolved. you may remember, bart and its two largest unions had a tentative deal in october after months of negotiations. >> and then bart management said that a provision granting six weeks of paid family leave never should have been in the contract. the bart board refused to approve the final contract as long as that clause was in it, and that reignited the whole negotiation process once again. >> so going forward, under the new agreement, looking at changes in bereavement leave. workers will get paid time off to grieve the death of a grandchild or stepparent of a spouse or domestic partner. it also updates employee break rooms and allows them more flexibility in how they pay for family medical leave. all these changes can be made within bart's existing budget. here's

bart headquarters. >> that is right. board members getting frustrateed and talks still going on. this is between bart and two largest unions over that paid family leave provision. now we're finding out there is a problem a board is supposed to vote on in the morning the board is getting frustrated with the way paid negotiators botched this labor negotiate yachlths one told abc7 news he wants a full investigation. quote i'm not satisfied with the processes that govern them this year. i feel there needs to be something more immediate than a committee next year. negotiators from bart back at table, now there is another. in the agreement between transit district and a third smaller union. bart confirms sit in the form of a typo when a policy becomes effective. today the president told abc # news our board came back because they're not interested in ratifying this contact. >> i this caught us by surprise. >> bart board is supposed to approve the agreement thursday morning. >> four people had to be treated after a pepper spraying incident today. it happened in san rafael. a man sprayed

the important information that will go in front of the bart board today, it is all ahead on ktvu channel 2 morning news. >>> this is ktvu channel 2 morning news. >>> good morning, welcome back to ktvu channel 2 morning news, live in venetia, we have an early morning house fire and claudine wong is out there and she is just getting new information about the people inside the house and it is about the condition of the people inside and we will have a lit more in just a moment. thank you very much it is thursday december 25th. >> do you expect records, we do indeed dave and pam, one location dipped to 39. it is sunny and chilly with upper 40s for highs for some inland locations, some areas will be closer to the coast and that will be chilly. livermore 28, although i have seen observations of 19. san jose 19. 36 fso. chris richardson usually tweets me. and he says it is hard to get above 36. it will be clear today and we will focus on the positive and we will watch a system back up and that will give us a few snow levels, we will already set set some upper 30s to lower 40s, here is sal. >>>

but then bart board members unilaterally removed the clause before giving their approval. they said the clause was a and now the bart board also has a problem with its contract with *another the district says the tentative agreement reached with a-f-s-c-m-e and approved by that union which represents about 220 mid level managers, contains an incorrect date. relating to insurance program for retirees. the district wants this so- called mistake changed. the union says they are not interested. >> following the latest with the bay bridge. workers have finished a permanent fix for problem bolts on the new eastern span of the bay bridge. million, which is about twice the amount that transportation officials predicted when the bolt problem was discovered in the spring. in march, nearly one-third of the 96 bolts that secure earthquake shock absorbers known as shear keys to the deck of the bridge failed when they were tightened. >> the time is 6:08 a.m.. coming up recent comments by a reality star has ruffled more than one senator. will tell you what' senatfe feather.l you what got

. >> reporter: next this agreement will be presented to the bart board of directors. if they vote to ratify it, it will be presented to the union members for a final vote. kron 4 news. >> bart released this statement, after eight months of uncertain t i for our ride uncertainty... during the holiday period and beyond. they have reached a tentative labor deal. this comes as a 60-day cooling-off period, ending tomorrow, and the possibility of a strike had been looming. the tentative agreement will be voted on next. union leaders have previously reached two tentative agreement with management. the union members voted it both down. ac transit provides more than 180,000 trips per day. >>> the latest on the target security breach. j. p. morgan chase is limiting the use of debit cards for customers at risk in target stores. in a statement released, the bank says the move gives additional security for at-risk accounts. they are temporarily limited to $100 a day and limiting purchases to $300 a day. they say it's automatically reissuing affected debit cards. york time is report

if a statement, the president of atu local 1555 says, quote, we expect the bart board will do what it should have done all along, accept this contract. >> agreement will be presented to the union members for a final vote. in walnut creek, kron 4 news. >>> hundreds of children got a chance to enjoy the holiday center at yerba buena center. it allows these families to ice skate. >> these are what families again have an opportunity to belong, have an opportunity to be together. >> the event was free for families and several bay area companies made donations to make it possible. >> thousands of children are celebrating through the generosity of their neighbors and the hard work of the san mateo fire, police and sheriff's department. they gathered over 12,000 toys. kron 4's alicia reed shows us how strangers are making this holiday special for kid who is might not otherwise have a gift under the tree. authorities were called to certain houses this holiday. wait, is that santa? why, yes, it is. >> merry christmas, everybody. santa knows who was naughty or nice. thousands of children made th

bart. >> reporter: the unions say, they just want a contract. >> we filed a lawsuit to have the courts tell them you must take the complete package. >> reporter: they are suing the board of directors for renigging on a labor agreement. >> bart continues to point fingers at others. >> reporter: this legal action follo follows months of bart drama. both sides reached a tentative agreement in october, but the bart board of directors found a new issue and voted to reject the contract unless the union removed a provision. that provision made it into the final contract, according to the board, by mistake. >> we showed them what we were voting on. their package matched our package section by section, letter by letter, sentence by sentence. >> it was never discussed back and forth. >> reporter: here we are. not back at the bargaining table, but at a stalemate. both sides they're willing to negotiate, but no talks at this time. >> hopefully both sides will work something out. thanks so much. >>> after a one day delay, a new planned parenthood clinic opened on the peninsula today. it is on north fair oaks. a handful of demonstrators showed up to protest the opening. some neighb

the union says bart's board was obligated to either accept or reverdict the total final negotiated contract, not just eliminate the paid family leave clause. >> cannot refuse to ratify a total package agreement without good cause. >> bart negotiated in good faith. what the board took up was what the negotiating team brought to them. >> amazingly, bart is not subject to state laws. one section of the state utility's code says it is required to negotiate in good faith. but. >> thunder statute, there are virtually no case -- under this statute, there are virtually no cases involving unfair labor practices. >> the court will give guidance for how other courts decided those kaisers. >> these agencies have had no trouble -- those cases. >> these agencies have had no trouble finding it is bad faith bargaining. >> a lawsuit will delay a resolution to this contract which is already gone on far too long. for months if not longer. >> bart riders said this. >> they think they can win it in court. go for it. you know. it's less inconvenience for the public, right? >> i think that it is fairer, and i thi

the latest on bart tracks, they are blaming the electrical short, it is a store story we first reported on 2. that prompted several riders to seek medical treatment after being stuck on board the crippled train for about an hour. >> they did some changes the top break boxes and it only happens rarely. >> bart said it will take at least a day to determine what happen and it happened just hours after nathaniel robinson senior had thanksgiving dinner with his family. it appears he was headed to his girlfriend's home. highway patrol is trying to figure out why he ended up hitting a median wall. he was hit by 3 cars, the first driver stayed at the scene. >> it is devastating, hard to bear, my emotions are a rollercoaster. >> investigators do not have a description. >>> a girl is recovering after being hit by a car. a boy ran across west 15th street. the boy was airlifted to the hospital and suffered head and next injuries but was conscious when first responders arrived. they do not think speed error alcohol was a factor. >>> a 13-year-old girl who went missing earlier this week has been found safe. a girl was discovered early. >>> well the search for a missing san jose pilot, d

union members approved the final contract in october but the bart board of directors improved the contact without including the clause. the unions have not said whether they will go back on strike for a third time. they do say they are willing to meet with bart management about possible solutions to all of this. >>> you can call it a holiday mystery, an individual dropping big tips all across the country, including here in the bay area, sometimes using thousands of dollars on a check. >> reporter: on this account a user called@tips for jesus. this from chicago shows a $3,000 tip. at this one, $500 on a $24 bill. this generous individual as visited two restaurants here in the bay area. november 11, a 1500 tip at harris restaurant in san francisco. he also recently visited taco-licious. they say the big tipper came in with a group of people. they had dinner and seemed to enjoy themselves. when the $152 check came, he dropped a thousand dollar bonus. >> a nice thing to do for some people, and especially for restaurant employees who pretty much make the same all the time. >> reporter: the ser

new president of the bart board of director talking very tough tonight here's laura anthony. >> he basically called war on employee and unions and i believe that bart union are just the beginning. it's win con sin all over again. >> mr. president unanimous. >> within minutes of being elected president of the bart board of directors joel kelly fired first shot at e union. plan to pursue a ballot measure banning public transit strike. >> when i got here almost 19 years ago somebody had put that before this board i would have said not know but hell no. but after 19 years i have come to the clue us that our riders deserve better than what is happened in the last 6 months. >> i'm just so discouraged by your conduct. >>reporter: union leaders say they felt betrayed by man they used to consider a friend of organized labor. >> i think this is a political move. i think that the attention is on bart right now for all the nasty they made during the negotiation also. mistake and the willful things they have done. >> i understand this is a shock to the union leadership and i expect that they will do ever

those rules required at least one person to serve as a lookout. >> the bart board elected a new president today and he quickly stirred things up by suggesting a ban on future strikes. the idea would be put before voters. on the state legislature is capable of banning a strike. the board president said he hoped the boat would be enough. in exchange, workers would have the ability to go to finding arbitration. >> three separate bus crashes killed one person and injured dozens more. the most serious accident happened in san diego county. a tour bus was heading to a kasino where it overturned. chp says a passenger was flown from the bus. it was raining at the time. >>> dozens of people are in the hospital tonight after the london theater they were in collapsed in the middle of the show. the latest from the city's soho neighborhood. >> emergency crews used cherry pickers to examine the roof. hours earlier, pieces of the ceiling collapsed during a packed performance of a play. >> seating came down. a lot of dust, chandelier, that sort of stuff, landed on five or six rows. >> confined to heavy p

told you when we broke the story on friday, the two unions are filing this lawsuit against the bart board saying that the ford of directors action was illegitimate and unprecedented in the handling of the signed contracts. after six months after negotiations and two strikes on november 21 the board refeudsed to ratify one clause contained in the agreement which the union says was illegal to approve the rest and cherry picking one item. the board says it was signed by mistake and is too expensive and the unions wants to circle back and work it out with the board so it is fair for both sides. the lawsuit is now directly intended to get the clause returns but it is about challenging the process when the board removed the item. bart is willing to sit down and, would out a path to the solution that a lawsuit only delays the solution much the press conference is just getting started now, and we will bring you more throughout the day on twitter and later in our evening broadcast. >> right now, we want do let you know that warming shelters in the bay area have opened ahead of the deep freeze toni

happening now the bart board is meeting to talk about a number of key issues including a report card for bart miss. this is in the wake of the shooting near five years ago of oscar grant. bart announced an independent audit shows the department has made significant and substantial progress since 2009. also on the agenda how much you will pay to ride bart in the future. they considering raising the minimum fare to $2 on top of the increase already scheduled for january. the board will be briefed on year's train breakdown that sent nine passengers to the hospital for budgeting problems. a short circuit make the brakes lockup as the train head through the berkeley hills tunnel. riders sound off this morning. >> you need to fix your situation, bart. i work in oakland and i come from antioch and it is inconvenient so it will help if you can step it up a little bit. >> dear bart: thank you for working today. the other days you are not are working or stressful. >> we would like to hear your thoughts. post your video using "dear bart," hashtag or go to facebook page. >> victoria secret employ

bart's board of directors broke state law when it approved a contract without any key provisions.hey say the board was legally obligated. one legal expert says its hard to find a case quite like this legal battle at bart. >> there is no question that the filing of a lawsuit sort of ups the anti in terms of tension. the fact there is no lawful impediment. >> the unions not recalling out -- not ruling out the possibility of going to strike again. >>> they want construction stopped until the holidays are over. they say this project is causing a lot of noise and traffic backups in their neighborhoods. they say that is hurting business at restaurants and shops at a critical time of the year. cal trans getting ready to show off the new lights on the tower of the new bay bridge. cal tran has already installed thousands of special led lights on the eastern span 200 cables. the next step is to light up the bridges signature 525-foot tower. they are hoping to put on the new lights by the end of this month. this lighting system was designed by the same team that it will up the white house al

bart's board and union members have to boat. >> thousands of protesters are gathering in thailand to voice anger in relation to widespread government corruption. the protesters will march in two different directions to lock down the city and they want yingluck shinawatra to resign and want electoral reforms. the main party plans to boycott the vote. >> even those that get tap water cannot drink it. it's an agonising position, which to trust, water from taps, rivers or neither. we have nor, on why the country's water is undrinkable. >> something many take for granted. it's not a matter of turning on the tap here. this mother of five struggles every day to find drinking water. after buying six gallons, she barely has enough for daily consumption. >> translation: we pay around 30, $0.40 for three gallons, we pay around a quarter of our income to water, and that is only when water supply is good, otherwise it is more expensive. we have to queue the whole day and are not sure we'll get it. >> it's an essential part of daily life. for many indonesians water is a luxury item. it's a huge pa

. >> today, the bart board is equitied to address and vote on the new contract issue that has surfaced. the problem involves a third smaller union representing 220 mid-level managers and it comes in the form of a mistaken date when a new policy on health insurance is effective. they are not interested in change it. the board will vote on the contract today. talks between the agency and the two big of the unions drag on over a disputed family leave clause that bart says was accidentally signed in the new agreement the. >> developing news in oakland the family of a 13-year-old girl on life support is bracing for a long legal battle with children's hospital. last night hundreds gathered at a vigil for jahi mcmath to support the family and pray for a miracle. the girl is brain dead after suffering serious complications while having her tonsils removed. the her mother is not giving up hope she will cover. >> i can't wait to go back to the hospital and tell her how many people came and prayed for her and they believe that she will get up and although they may not be able to speak she will be

the bart board of directors talked about raising prices during that time at their recent meeting. the san francisco chronicle is reporting bart officials are preparing to look into peak period fares. charging higher prices during the busiest hours or most congested station. more analysis is needed so that is why the idea is being explored on how it will work. the board says now is not the time to raise prices since the transit agency went through two strikes and trains have been experiencing mechanical problems. >> i don't think its fair. they need to find ways to cut down on their cost and spending and stop passing everything on to the riders. >> reporter: bart fares are already scheduled to increase 5.2% in january. its based on inflation. the average bart fare is $3.59 it will raise to $3.78. now a survey showed that riders supported inflation based increase that was small and predictable over a larger increase that took them by surprise. another study is expected to be done which should show which riders think about an increase those during peak commuter times. reporting live f

those rules required at least one person to serve as a lookout. >>> bart board's new president is proposing a ballot measure to end employee strikes. the unions say it's just grandstanding. it's a symbolic move. only the state legislature has the power to enact any sort of strike ban. san francisco's muni and several other mass transit agencies around the country do not allow employees to strike. >>> pg&e has a go ahead to raise the pressure in a natural gas line under san carlos. the puc in california feels the line is safe to operate. but the mayor says that san carlos might sue to block the increase approved yesterday by the puc. they also fined pg&e more than $14 million because of poor recordkeeping about that line. >>> a san francisco woman charged with causing a crash that killed a teenager says she doesn't remember what happened. 58-year-old jennie zhu pleaded not guilty to vehicular manslaughter and reckless driving yesterday. she is the one with the blue scarf. police say she was driving 80 miles an hour near gough and pine in september. she rear-ended a minivan killing 16-year-ol

those rules require at least one person to serve as the lookout. >>> and a new president of bart's boardoposing a ballot measure to end employee strikes. the unions say it's grandstanding, a symbolic move. only the state legislature has the power to enact any sort of strike ban. muni and other other mass transit agencies around the country don't allow strikes. >>> senators held a final vote late last night. the bill aims to crackdown on sexual assaults in the military and add protections for victims. overall, the bill provides $552 billion to the regular military budget and $80 billion for overseas war operations. it now heads to the president's desk. >>> today in south sudan two u.n. peacekeepers were killed as fighting continues to escalate. president obama has deployed a military contingent to south sudan. 45 military personnel will go to the capital to protect the u.s. embassy as well as american citizens. south sudan split off from sudan in 2011. >>> texas doctors refuse to take a pregnant woman off life support despite her husband's wishes. the woman suffered a blockage in a main l

the bart board is looking into charging higher fairs when many commuters are heading to and from work. riders would also pay more at bart's busiest hours. >>> also the state public utility commission leading to wednesday morning bart break down. hundreds of passengers were stranded when a train got stuck. nine of these passengers went to the hospital complaining of breathing problems. an electrical short caused the brakes on one cart to suddenly activate when the train was moving at top speeds. >>> independent auditor giving the bart police force high forms. those reforms stem from the fatal shooting of oscar grant. former cleveland police chief patrick oliver conducted the audit. he said bart police have made solid progress in the use of force and officer training. >>> heelsburg could be the first city to raise the minimum age for purchasing tobacco. you would have to be 21 years old. that is up from 18. designed to discourage teens from buying tobacco and smoking at an early age. if the city decides to move on it, it could go up for a vote in january. >>> now 4:40. a student arreste

but according to this independent audit released to the bart board today, things have changed. >> dysfunctional. the culture was disfunctional. >> reporter: after the 2009 shooting of oscar grant was captured in this cell phone video, bart police accused of racial bias an excessive force commissioned a report from the national organization of black law enforcement executives, or noble, which found plenty of things to change. >> many outdated policies in the organization. there wasn't sufficient supervision or accountability. >> reporter: today noble says bart police followed most of their 55 recommendations including plans to start a new computerized early warning system to identify problem officers early. >> if an officer has use of force, citizens complaints, if an officer is late to work. >> reporter: of course, changing a culture is tough. just this last may, there was a naked acrobat attacking passengers at a station in san francisco. officers took a very long time to show up. bart now has additional training in dealing with the mentally ill and has gone from 24 to 40 hours a year of train

saying it was a mistake, however union leaders say bart negotiators signed off on the deal and the bart board should honor it. >>> according to a newly released poll, 52% of people think public transit workers should not be allowed to strike, on the other hand 41% think they should have that right. after two poll numbers the numbers slightly different from the rest of california, where 43% favor their right to strike, that is compared for 44% statewide, who say they should not be allowed to walk out. >>> well smoke on a train at the 12th straight station caused delays there. technicians determined an inverter had malfunctioned and took the train out of service. no one was injured and the delays lasted about 15 minutes. >>> well, a man had to be plucked out of the bay this morning after he apparently fell out of a small fishing boat near the emeryville marina, several people heard his cries for help and alerted the harbormaster. witnesses say the boat continued to circle even after rescue, pulled him from the water and dropped him off on land but they had no idea how he ended up in the water i

. >>> bart is now considering charming more during peak hours, the bart board of directors yesterday directed its staff to study the impacts of righters paying more based on the time of day and also at bart's busiest stations. the so-called peak hour premium plan is already used in other cities, including washington, d.c. >>> well, the san francisco 49ers have a big game this weekend with the seattle seahawks and lots of seahawks fans have already flown into the bay area, thousands of them are expected to go to sunday's game at the stick. the seattle fan club has even organized a big gathering tomorrow at peer 39. the team's loud so-called 12th man has been legendary at the seahawks home games so the niners are trying to give their fans a bust at home as well. they sent out a how to fan guide to the faithful, a 3 part plan to give the seahawks fans a taste of their own medicine. >> we will show them what it is like to have a true championship and support them and it is nice to be loud and everything but you have to be more than that so this is a good lesson for the seattle seahawks fa

both unions plan to ask members to ratify the new deal after the bart board approves it. >> in a statement released this morning, the local sal eisu president said it's a fair resolution that was months of drawn out contract talks that ends the your honor certainty. the bart general manager said this deal will guarantee that every ounce of the agency's focus will be directed to providing great service. >> here's a look at what's included in the agreement. a bereavement leave policy expands the lease of deceased relatives. workers will get paid time off for the death of a grandchild for the step parent of a spouse. in another room, break rooms get upgrades at three bart stations and a third feature allows workers more flexibility on how they pay for family medical leave. >> the agreement came hours after a bart agreement at another major agency. a.c. transit announced its agreement. it means all buses will run, even after the 60-day cooling- off period ends sunday night. there will not be a strike. >> the east bay may have felt a little shake last night. a 2.7 magnitude earthquake rattled s

and now the bart board also has a problem with its contract with another union.he district says the tentative agreement reached with afscme and approved by the union which represents about 220 meant well managers, contains an incorrect date relating to a change in the medical insurance program for retirees. the district 1 to this so-called mistake change. the union says they're not interested. >>mark: workers have finished a permanent fix for problem bolts on the new east is that of the bay bridge. the war cost about $25 million, which is about twice the amount that transportation officials predicted when the bolt problem was discovered in the spring. in march, nearly one-third of the 96 boats that secured earthquake shock absorbers known as share keys to the deck of the bridge filled when there were tightened. good morning nelly! woah. hey! have you ever tried honey nut cheerios? love 'em. neat! now you on the other hand... you need some help. why? look atchya. what is that? you mean my honey wand? [ shouting ] [ splat ] come on. matter of fact. [ rustling ] shi

but then bart board and i really reme the clause before approving the contract say is should not have been included in the first place but was a mistake. two unions filed a lawsuit against the district now two sides are meeting to see if they can find a way to resolve the dispute. >> seems to be a little harder for the district. if they just say that they're staying with the idea that a mistake was made. i have a lot of space that we should come up with a solution. i am not sure if that will happen. >> pam: the two sides are set to meet again tomorrow. in the meantime the bart district also has a problem with its contract with another union. the american federation of state county and municipal deeply ease have approved by batman contained an incorrect date relating to a change in the medical insurance program for retirees spirit >> pam: the district lost this mistake change before it approves a contract tomorrow however the union says it has no intention of making the change >> pam: grant? >> reporter: fire app and bexar has grown to 850 a. but containment is now up to 50% from just

representative to the agencies say they're upset about the bart board of directors recent vote to remove the family medical leave provision from the agreed upon contract. bart says the provision was accidentally will youed in the signed agreement, and could cost the agency as much as $10.5 million per year. the unions also have the option of striking for a third time this year. >>> the desperate search for a missing san jose family is ramping up this morning. their small plane suddenly vanished while flying over idaho. nbc bay area's bob riddell is at regional airport this morning where that flight first took off. >> rescuers in idaho are looking for san jose businessman dale smith and four members of his family who are on board a single engine beach bonanza aircraft that he keeps here at hillview airport in san jose. that plane disappeared sunday afternoon around 3:30 near a town of yellow pine idaho. it's a dense area in the central part of that state. smith had been flying his family from oregon where they had spent the thanksgiving holiday to butte, montana, when smith, seen here in

they're upset about the bart board of director's recent vote to remove the family medical leave provision from the agreed-upon provision. bart says the provision was accidently included in the signed agreement and could cost the agency as much as $10.5 million per year. the unions also have the option of striking for a third time this year. >>> britain's prince harry along with teams of injured soldiers from the u.s., u.k., and the commonwealth are racing towards the south pole. nbc's ben fogle has more from london on the walking with the wounded 2013 south pole allied challenge. >> reporter: well, after several days of delays due to bad weather conditions and the logistics of hauling thousands of pounds of gear and all the team members from novo, the russian base in ant art can. they're finally underway on their race to the south pole. >> every single person who's taking part in the challenge is extraordinary. the fact these guys have made it to this point is extraordinary. you know, i count myself incredibly lucky to be part of it. >> reporter: they'll be covering a distance of 175 mile

the new president of the bart board talking tough tonight. abc7 news is live at bart head quarters to explain what happened now. laura? >> well, hi, dan. after a difficult year, everyone close to bart is hoping for a new beginning with the election of a new president this morning. that new president is in, but the acrimony continues. >> he called a war on employes and unions. i believe bart unions are just the beginning. it's wisconsin all over again. >> mr. president, it's unanimous >> within minutes joel keller fired a shot at unions a plan to pursue a ballot measure banning public transit strikes.. >> i got here 19 years ago if someone put that before the board boy have said not no, but hell no. but after 19 years i've come to the conclusion our riders deserve better than what is happened in the last six months. >> i'm just so discouraged by your conduct. >> union leaders say they felt detrayed by a man they used to skr a friend. >> i think attention is on bart now for mistakes made during negotiations and willful things they've done. >> i

lawsuit claims bart's board of directors broke the law when it approved a contract without a from vision providing six weeks of paid family leave. the unions claim it was always part of the agreement. >> bart has never offered to us to negotiate over this supposed mistake. instead, it has approached us by saying take it . >> bart claim it was a clerical error and it would cost the agency at least $5 million or much more depending on how many workers use it. bart responded by saying the union's decision to take legal action jeopardizes a quick resolution to this dispute. >> it will delay it which has already gone on far too long. >> bart if i recall ever officials say the agency -- officials say the agency would never have agreed to six weeks additional paid time off. they say workers already see three to six weeks of vacation, get 13 paid holiday and 12 sick days a year. >>> new at 6:00, a 13-year-old girl is missing tonight. now, police and her family are asking for help finding her. ktvu's amber lee is in pleasanton where she spoke to the girl's father today. amber. >> reporter: frank,

the bart board accepted the contract minus that part which resulted in the union's filing a lawsuit. >> the richmond city council voted to move forward where a plan to prevent foreclosures. of richmond homeowners have mortgages higher in value than their home. the "san francisco chronicle" reports the city council voted 4-2 to set up guidelines on how the city would use the power of imminent domain to restructure the mortgages. it agreed to prior toize neighbors hit hardest by the crisis. the city council members who disagree say it could on the city to crippling legal liability. >> volunteers will be busy preparing 5,000 grocery bags to give away at the tenderloin charity headquarters. the give away begins at 7:30 this morning at ellis and taylor street for a bag with turkey or chicken, poe states, bread, pasta, rice, beans and vegetables and you get everything you need to prepare a home cooked holiday meal. another 700 bags are delivered tomorrow to those who cannot leave their homes. the push to get smart phone owners in san francisco to protect their devices from theft could be p

construction crews were working on the roof before the fire started at 9:30 the >> the bart board could determine how much you will pay to ride the trains in the future. options include increasing the minimum fare to $2, extending the 62 percent youth discount through age 17 and increasing the seen color discount from 62 percent to 75 percent if you over the age of 65. fares will go up 5 percent january 1 which is 18 cents round-trip ticket. the board will be briefed of the train breakdown. a short circuit made the brakes lockup on a train headed through the berkeley hills tunnel yesterday morning. nine passengers went to the hospital for breathing problems. the malfunction sent brake dust which passengers thought was smoke into the crowded cars. authors in idaho are wait telling see if the weather clears to resume the search for missing plane carrying a bay area family. silicon valley executive dale smith's plane disappeared on sunday while taking four family members from oregon to montana. there was a weak emergency beacon which has disappear. family and friends know after several nig

it claims bart's board of directors broke state law when it approved a contract without a key provision. they contend the board was legally obligated to accept or reject the total contract. not just eliminate the costly paid family leave clause. >> cannot refuse to ratify a total package agreement for an improper purpose. or without good cause. >> a lawsuit is going to delay a resolution to this contract dispute that has gone on for too long. for months if not longer. >> legal experts say this lawsuit is certain to add more tension to an already heated labor dispute. >> there is no question the filing of a lawsuit ups the anti in terms of tension, but the fact is there is no lawful impediment for the parties at any time to go back to the table and negotiate and reach an agreement. >> the unions are not ruling out the possibility of going on strike again and shutting down that entire transit system. it would be the third time this year. >>> cal trans is getting ready to show off the new lights at the tower of the new bay bridge. they already installed thousands of special led lights on t

. >>> the bart board has more contract disputes one involving contract language with one of the smaller unions. it's about a cost-saving provision. a tentative agreement has a different starting date for the smaller union than for the two larger ones. the board's also dealing with a disputed part of the contract for the bigger unions too. >>> that woman charged in a deadly high-speed crash in san francisco is due back in court in just over an hour. 58-year-old jennie zhu was charged early whyer this week with manslaughter in addition to reckless driving. 16-year-old kevin san was killed at the corner of pine and geoff when her car slammed into a minivan he was in, in september. >>> a suspected drunk driver who led police on a chase started a fire when he crashed into a gas pump. officers went after the driver when he took off from a dui chick point around 2 a.m. about a half mile later the car crashed at the 76 station and then burst into flames. police pulled the driver out of the burning vehicle and arrested him. >>> the wildfire burning in big sur is 79% contained. more than 800 acre

the new president of the bart board talking tough tonight. t head quarters to explain what happened now. laura? >> well, hi, dan. after a difficult year, everyone close to bart is hoping for a new beginning with the election of a new president this morning. that new president is in, but the acrimony continues. >> he called a war on employes and unions. i believe bart unions are just the beginning. it's wisconsin all over again. >> mr. president, it's unanimous >> within minutes joel keller fired a shot at unions a plan to pursue a ballot measure banning public transit strikes.. >> i got here 19 years ago if someone put that before the board boy have said not no, but hell no. but after 19 years i've come to the conclusion our riders deserve better than what is happened in the last six months. >> i'm just so discouraged by your conduct. >> union leaders say they felt detrayed by a man they used to skr a friend. >> i think attention is on bart now for mistakes made during negotiations and willful things they've done. >> i understand this is a sho

. >>> bart's board of directors meeting this morning to talk about a plan to bring train service to livermore. the project would develop a five-mile extension from current stations in dublin and pleasanton to reach livermore. at today's contract meeting, the board will receive an environmental update on that proposal. the contract could cost more than $1 billion. bart estimates the extension would transport 21,000 new riders daily. today's meeting will also include a closed session on labor issues. >>> in the meantime, bartlemay skl riders to reach into their pockets to help replace aging trains. it comes after an electrical short on a crowded train caused chaos in the berkeley hills tunnel yesterday. emergency brake engaged on the moving train stopping the train and sending smoke and dust into crowded cars. cell phone video actually shows people trying to help out one passenger who was passing out. bart says it is 40 years old, and the trains are, and the infrastructure needs to be replaced. metropolitan transportation commissioner skon weiner says it's not spin. there is trouble on the trac

the bart board of directors voted to approve a contract last month but removed a provision that gave workers six weeks of paid family leave. bart says that clause was not supposed to be included. the unions dispute that and say what bart did is unfair and illegal. >>> in other bay area headlines, protests over a planned parenthood clinic set to open tomorrow in redwood city. about 1600 people have signed a petition against it. some neighbors say they are against planned parenthood because of abortion and lower property values. the redwood city location will only provide medical abortions, not surgical ones. >>> there's a push to create a park in honor of a 13-year-old santa rosa boy shot and killed by a sonoma county sheriff's deputy. sonoma county supervisors are set to meet tomorrow to talk about it. supporters of andy lopez have planted an oak tree near the spot where he was shot. he was carrying a plastic gun when deputy erick gelhaus shot and killed him in october. >>> a teenager set on fire because he was wearing a skirt returned to class today. luke "sasha" fleischman walked in

bart's board will meet to talk about a plan to bring train service to livermore. it would develop a 5-mile extension to reach livermore. at today's meeting the board will receive an update on the proposal. the project could cost more than $1 billion. b.a.r.t. estimates the extension would transport 21,000 new riders daily. today's meeting will include a closed session on labor issues. >> b.a.r.t. may ask riders to reach in to help replace aging trains after an electrical short on a crowded train caused chaos yesterday. the emergency brake engaged on the moving train, that stopped the train, sent smoke and dust into the crowded cars. cell phone video shows people helping as they were -- a passenger was passing out. b.a.r.t. says its 40-year-old trains and infrastructure need to be replaced. the commissioner says if not there is trouble down the tracks >> in the next 25 years on top of what's needed today b.a.r.t. has about 6 or $7 billion in unfunded capital needs. >> he says transportation dollars will cover some costs. b.a.r.t. is expected to ask voters to approv

tomorrow, but there is no word when an actual deal, which must be approved by the unions and the bart board again, will be reached leaving the possibility of a third strike very much on the table. reporting live, tom vacar. >> thank you, tom. >>> new at noon, police in san jose are searching for a robber accused of stealing from people attending a high school bingo fundraiser last night. ktvu's robert honda talked to police and joins us live to explain what happened and the students most affected by the robbery. good afternoon, robert. >> reporter: good afternoon. the san jose police robbery unit is working this case. it's a robbery that took money from a school-sponsored bingo game and with it funds from the school's music band. the oak grove high school band is known for the excellence as a marching band and the weekly wednesday night bingo game in the school gym helps support the band's activities as well as uniforms and the use of outside instructors. the band will have to make up what we have heard is a four to $5,000 loss because police say a masked man displaying a gun came it to the