the governor has requested a seven-day board of inquiry. >> that's right. there is an 11th hour reprieve. b.a.r.t. trains will be running this morning while governor jerry brown's office decides whether both sides are negotiating in good faith. good morning. it's almost 4:31, i'm jon kelley. i'm so excited the b.a.r.t. trains are actually running out there. >> not only that, but it is his birthday as well. we'll celebrate coming up. good morning. i'm laura garcia-cannon. b.a.r.t. and union representatives leaving negotiations in oakland late last night. there's no contract in place and the governor has stepped in. just after 10:00 last night, governor jerry brown called a seven-day board of inquiry.

that means a five-member board will be assembled and b.a.r.t. managers and negotiators will present their kacases about the negotiations today. then it will be up to the board to determine if a cooling-off period ask necessary. christie smith live in oakland this morning with what both sides are saying about this last-minute change. >> reporter: within the last couple minutes we saw a welcome sight, the first b.a.r.t. train of the morning rolling in. it looks like crowds are rather light this morning. if you did make those alternate transportation plans, you won't need them this morning. that is because b.a.r.t. is rolling, as you said. governor jerry brown stepped in, so no sfrik today. he basically ordered both sides to give some information to help block this strike as that midnight deadline was winding down. b.a.r.t.'s union workers were set to walk off the job. at b.a.r.t.'s request, the

governor appointed a board to investigate the negotiations. each side will explain what's happened over the past few weeks. the board gives the governor a report within seven days and the governor decides whether to order a cooling-off period. the union says b.a.r.t. is postu posturing. >> no reason why we have to continue this drama, continue this stress on the public and on the workforce. it is so discouraging, but we do appreciate the governor's concern, and we will, unfortunately, it takes our attention away from the bargaining table because now we have to put together a case to present before the board of inquiry. >> reporter: lieutenant governor gavin knewson some was there. b.a.r.t. statements, we believe the public should not be deprived of this essential public service unless all alternatives to avoid a work stoppage have been utilized. the last time a cooling-off

period was called to avoid a b.a.r.t. strike was in 2001. again, good news, we're hearing another one, the b.a.r.t. trains are rolling this morning. reporting live in oakland, christie smith, "today in the bay." >> a happy sound for commuters. thank you, christie. >> no doubt about it. as we mentioned, this is just a reprieve. the b.a.r.t. strike simply on hold right now, but has not an averted. nbc bay area will be following the inquiry and what follows after that. we will be keeping you updated on air and online at nbcbayarea.com. in the meantime 19 american embassies and consulates around the world remain closed today due to a terror threat. the government closed the facilities sunday. there's a warning out for americans traveling abroad, telling them to be careful around public transit. the warnings come after the u.s. picked up on chatter suggesting a large attack or coordinated smaller attacks on u.s. embassies in the middle east. >> this is probably one of the most specific and credible

threats i've seen perhaps since 9/11. that's why everybody is taking this so seriously. >> there's no indication of an attack on u.s. soil, but new york has beefed up security. police in washington, d.c., especially around the capital, have also been told to be on alert. the threat is causing police in san francisco to go on heightened alert this morning. the department released a statement that reads in part, we want to be proactive given the state department it's warning in order to protect our citizens and infrastructure in san francisco. police say there's no direct threat to san francisco. in the south bay, firefighters this morning looking into the cause of an overnight apartment fire in san jose. this one started in an apartment building on waterbury court near williams and san thomas expressway. crews had to call in backup to keep the fire from spreading. the red cross says at least 16 people were forced from their homes including at least three children. we are happy to report nobody was hurt. the cause of the fire still remains under investigation.

a new way to fight crime in san jose. san jose police department deployed its new gang suppression unit overnight for the first time as part of the effort to reduce violent crimes and increase police presence and visibility in san jose. we're told the unit will be deployed during peak hours, seven days a week. the plan is supposed to be evaluated at the end of the summer to see if the program is working and whether it should continue. san jose police are trying to figure out if gangs played a part in the death of a 19-year-old woman over the weekend. police say kimberly joyce estrada was killed when someone opened fire on the car she was sitting in on east san valve door street early saturday morning. id happened just a block from san jose state. "mercury news" reports she was a college student and not the intended target. police say there are no suspects or motive at this time. it is san jose's 30th homicide of the year. there are some new details into the investigation of the

death of a teenager of the asiana airlines crash. first responders found 16-year-old yes mingian near the plane but didn't tell supervisors. first responders may have thought she was already dead. footage from a helmet cam shows no evidence a supervisor was ever informed that that girl had actually been found. investigators say the young woman was covered in fire retardant foam when she was struck and ultimately sadly killed by a fire truck. new trouble for the ambulance company that services millions of people in the south bay. rural metro group announced it plans to file for chapter 11 bankruptcy. it says the move will cut both its debt and expenses while allowing it to operate as normal. rural metro provides private ambulance services across 21

states including santa clara county. last month it paid $2.4 million in fines and overdue bills after getting a final ten-day notice. it came under fire in april for falling short of target response times. new parking rules are in the works for a palo alto neighborhood, but it's not the solution residents were hoping for. police in the crescent park neighborhood say they've seen an influx of cars kroesing the border from east palo alto, particularly near the newell road bridge. residents say these cars are taking up their parking places and leaving behind trash. crescent park residents have been asking the palo alto city council to create a parking permit program for the neighborhood. instead the city council has come up with a proposal to ban overnight street parking which it will be considering later tonight. also to night, the palo alto city council expected to vote on a controversial city ordinance that would make it illegal for people to sleep in their

vehicles. most cities in the region have bans on car dwellers. supp powers of the ban have raised concerns about safety and sanitation. proponents say it hurts vulnerable residents. christina loren has a peek at the forecast. >> good morning to you and to you at home. a good day shaping up. in fact, typically this time of year restart to see our hottest temperatures, july and august are the hottest months across the bay area. as of this week, temperatures will drop off. we're starting off in the 50s and 60s. 59 degrees in livermore. 60 in san jose to kickoff the day. we're at 53 degrees in wine country. beautiful conditions in wine country. a lot of people heading up there for tastings this time of year. let's take you through your hour-by-hour changes, by noon, 1:00, temperatures holding on to the 60s. meanwhile plenty of 70s to low

80s. if you thought yesterday was beautiful, we have a carbon copy today. 75 in san jose, 71 for fremont and 59 on the way to san francisco. all good things must eventually come to an end. i'm show you when things start to change, start to heat up again when we get to your seven-day outlook. mike, we really dodged a bullet, didn't we? >> for a week. that's the way you do deadlines in college. we're looking toward the eastshore freeway and the maze. not a problem right now. this morning things should move very smoothly because, as you know, as we take the mass transit, we'll talk about the b.a.r.t. system, running on time. 19 trains right now and quickly building toward 40 or 50 over the course of the morning. actually 50 should be about full service. the trains are running as you heard in the background. the maze is not a problem and highway 24 would have been the big suspect right now. things are clear out of walnut creek through lafayette. 680 southbound as well.

one crash in that portion of the east bay, looking at eastbound highway 4. sounds like the off-ramp has one lane blocked from an earlier crash. also someone left the clipboard. that's one of the details from the chp report. if you have a clipboard, head over there as well. we may not see you next week because still no winner. wednesday night's powerball drawing is worth an estimated $400 million or $230 million cash value. >> you're saying weave still got a chance? >> you bet. >> despite that there's a new millionaire in the south bay, my new best friend. lottery tickets sold at this arco station in milpitas matched five of six numbers. not bad. saturday night's winning numbers, check them now. 24, 36, 21, 45, 42, and the powerball 15. >> we'll all get tickets. you ready for a comeback?

ready to bring sexy back? >> on a monday, yes. >> absolutely you are. justin timberlake is coming back to the bay area, bringing his 2020 experience tour to the sapp center in san jose, that will be january 19. so you have a little time to wait, maybe a belated christmas gift. that means fans who missed last month's performance at candlestick park with jay z, you'll get another shot to see the former n syncer, they run from $49 up to 175 bucks. he is a phenomenal talent. he will be worth the price of admission. low-cost airline that's trying to change the way you fly. the new program it will unveil today. the bay area tech ceo getting ready to publicly take on the issue of america's immigration system. the new details we're learning about the man accused

of driving his car right into a crowd of people in southern california. plus new surveillance video of that incident.

welcome back everyone. good monday morning to you, 4:44. facebook ceo mark zuckerberg

will step into the spotlight tonight. he'll speak at a private screening of the film documented in san francisco. it looks at the polite of the millions of undocumented immigrants in america. the bay area, specifically the tech industry has a stake in what happens on capitol hill. it could in turn allow them to hire more highly skilled workers from outside the u.s. also on the tech scene, microsoft dropping the price of its tablets, likely to be more competitive with apple. over the weekend the company announcing it would discount the price of its surface pro by $100, costing $79, down from the $899 it launched earlier this year. the company has not explained why it dropped the price. industry experts speculating it's trying to target back to school shoppers.

>> what's our favorite price? free 99. there's a ban on the import of some apple ipads and iphones lifted by the weekend over the obama registration. bertha coombs has details on that and the rest of our news before the monday morning bell. good morning, bertha. >> good morning. the obama administration has overturned a ban on the sale of older iphones and ipads. the ban imposed by the international trade commission in june only applied to the iphone 4, 3gs, ipad 3g and 2 sold by at&t. the itc ruled that the devices infringed on patents of samsung. michael fro man says the ban would have impacted competition and consumers. apple says it welcomes the news while samsung is disappointed. futures are mixed despite the tepid jobs report. the dow now rising for six

straight weeks in record territory. today we're going to get data on the services of the non-manufacturing job sector. the dow rising 30 points friday to 1,565, the nasdaq adding 14 to 3,690. if you fly jetblue, get ready for more leg room, but it's going to cost you. the "wall street journal" reports the low cost carrier is adding premium ceilings located in the front of the plane and converted to lie-flatbeds. they'll be available initially between new york and l.a. and new york and san francisco, two of the busiest and most lucrative routes. jetblue won't say what the seats will cost, presumably less than first class on other airlines. it's a major shift for the carrier which found early success by offering all coach cabins, low fares and free directv. i think you still get the blue potato chips for free, but it's going to cost you to get those beds. >> now you need a blanky and a

nap and you're set. >> not bad for a red eye. >> i'm a fan. any time you can go horizontal for a flight, i'm all in, sleeping like a big old baby. receiver yously, stewardess comes up and i'm like what, what? >> no kidding, exactly. a little drool. >> 4:48 right now. let's check the forecast with christina loren. >> 4:48 like you said, a crisp start to the day. thanks for waking up with us. you might be up extra early thinking we were going to see the b.a.r.t. strike. happy to report, and we will be all morning long, no b.a.r.t. strike at least for today. we'll give you an update in a moment. we thought we were going to start the show at 4:00 a.m. it didn't have to happen. there's more good news, no flight delays for anybody trying to head out of town. we're right on time out of all your major airports across the nation and as usual for a monday, we check on that for you throughout the show. 62 degrees in sunnyvale to kickoff the day.

we have plenty of 50s in the east bay. beautiful conditions to start in san jose, right at 60. don't even need that jacket if you can get by with 60 degrees. winds are going to play a factor today just like they did yesterday. a beautiful breeze. our air quality is holding tight for now. the jet streechl position right on top of us means the wind will continue. if you want to open up the windows, feel free to do so. 59 degrees in -- 75 in beautiful san jose. tuesday into wednesday, we drop off even more, only expecting highs in the 70s this week. it's going to get even more comfortable for you inland. kind of cool, though, at the coast as we head through the middle of the week. as we get into this upcoming weekend, the heat is going to return just in time for the kids to go back to school. that's when i'm tracking our next heat wave. go figure. keep that in mind. overall this week, temperatures

looking cool. back to you, jon and laura. >> sounds lovely. thank you so much. this morning police in southern california are asking why a man plowed his car into a crowd of people at the venice beach boardwalk. we have new surveillance video showing the incident. we warn you now it may be difficult to watch. camera shows the boardwalk full of people on saturday afternoon when a black car at the top of the screen just barreled through the crowd. one person was killed, a woman on her honeymoon. 11 others injured, one of them critically. >> seen the girl, she was latched on to the hood, she got shook off. he swer vpd two times and she rolled off. heading straight for me. a skinny blond-haired dude wearing shades. looked like he didn't have a care in the world, doing 40 miles an hour, mowing people down. >> the alleged driver, 38-year-old nathan lewis campbell turned himself in at a

santa monica police station hours later. he's now in jail on a murder charge. major league baseball expected to suspend superstar a-rod today. you'll probably see him taking the field tonight. he and a dozen other major league players expected to be sus stended today for allegedly using performance-enhancing drugs. his suspension will last through the 2014 season starting now. but 38-year-old will be allowed to play while he appeals this decision. rodriguez has said he does plan to play tonight. the other players are not expected to appeal their 50-game suspension. a big-time deal in major league baseball. a-rod could be out for hundreds of games. 4:51. the giants skipper changing things up after another disappointing loss. what we can expect to see today. plus 18 years old and already getting some records.

the new claims swimmer missy franklin can make this morning. no problems here. we'll show you the east bay coming up.

welcome back everybody. how are you feeling on a monday morning? very early out there. a little action on the golden gate bridge, doesn't look like anything too serious, probably the morning crew out there that mike inouye likes to tell us about. he'll be in to fill you in on

all the details happening on the roads. christina loren talking about today and your week ahead weatherwise. it's 4:54. the g men, the giants, right now not so great. 12 games back of the division-leading dodgers. they are fading fast. manager bruce bochy going to change things up. he says he'll put somebody new in the leadoff spot when the giants take on the brewers tonight. since angel pagan was injured, the team has struggled to find a player to lead off. bochy hasn't said exactly who will move up to the number one spot. but current number two, marco scutaro is likely his choice. we veal to wait and see. >> maybe bochy needs these guys, some peninsula little leaguers are continuing their quest to williamsburg and the little league world series. belmont redwood shores pitcher nicholas lopez threw a complete game one hitter yesterday to

lead his team 3-0. belmont will play utah this morning at 11:45. >> young superstars. love to see them swinging the big bats. 4:55. to the pool now where incoming cal freshman, american swimming sensation missy franklin continues setting record after record. >> she did great. yesterday she won a record six gold medals at the world championships in barcelona. the 18-year-old becomes the winningest final mall swimmer ever at the worlds. you'll recall last summer at the london olympics missy won four gold medals and one bronze. >> did all that before she even got into college. mike and i were talking about earlier, the stuff we considered cool getting done before. >> i did some extracurricular activities and some curricular activity. >> we have car activities for free month. not a lot of problem. the easy view between the block at the top of the screen and

down here toward the auto mall and tesla. we look at that time map as you head farther south toward 680, 880, mission. no problem getting tint south bay. smooth drive with your northbound routes. south you have an issue, both directions slow at laurel. there's some construction going on -- some obstruction there. no obstructions through the peninsula, this is 101 through palo alto. 4:57 right now. the b.a.r.t. strike on hold right now at least for now. we'll let you know how long the reprieve could last coming up in a live report. plus overseas worries about a potential al qaeda attack hitting close to home. police in one bay area city stepping up patrols as a result. a live look back outside. that's the bay bridge toll plaza. a little bit of a snarl out there, but a lot of smooth flow as well. mike inouye is our road warrior and will fill in all the blanks as we're back on "today in the bay."

new this morning, b.a.r.t. trains are rolling. the strike on hold for now. i'm christie smith. we'll tell you why governor gary brown stepped in and a word from passengers who are still on b.a.r.t. this morning. just as san jose police investigate the city's 30th homicide of the year, the department launches a brand new crime-fighting tool. we'll talk about that in my live report. welcome back, marla. good monday morning to you. temperatures are going to be nice and comfortable to start the day. get this. we have a cooldown headed our way for the second week of august. i will take you through the upcoming changes. and the bay bridge toll plaza, we saw some backups still going on. i'll sort out all the lights for you and let you know how things are shaping up. taking a live look outside from the south bay, we're awaiting the sun's arrival for your monday morning, august 5th. this is "today in the bay."