disrupt the riding public..s did not have to occur. no bart strike this morning huge break for hundreds of thousands of bay area commu. when i think of the public, at least the trains will be running. but unfortunately, as the mayor says, they remain on pins and needles. >> it is often frustrating to feel like you're offering the best wage increases and the best benefits in the transit industry. and then to be accused of union busting. >> we are extremely disappointed that this even has to happen. from the very onset, we have said that we did not want to disrupt the riding public. this did not have to occur. >> good morning, everyone. no parts strike this morning. a huge break for hundreds of thousands of bay area commuters. trains will be rolling for at least another week. thanks to a last-minute move by governor brown last week. parts managers and union leaders remain far apart on contract talks. hi, everyone. good morning.

monday, august 15 -- august 5. good to have you with us. i'm frank mallicoat. >> thanks for joining us for this special edition of kpix5 this morning. we're starting nice and early to get you up to speed on the bus contracts an bart trains will operate today as scheduled. more on that in a minute. but we have more on the weather. >> i will tell you have to do, to not worry about a bart strike at all. drive to work at 3:30 in the morning. >> that's true. >> the only problem is a little bit of drizzle. a few low 60s. 50s. and a cool and mild week ahead. the entire forecast coming up in a few minutes. but first, we've got wide open traffic at the bay bridge toll plaza as you could expect at 4:00 in the morning. this of course will be one of the main commutes affected had bart gone on strike and no strike for bart service and maybe 10 cars out of oakland to

to -- san francisco. >> seven cars and a truck. >> not bad. we have breaking news about bart. governor jerry brown has stepped in to avert a bart strike. late last night the governor issued an order for a seven-day inquiry into the contract dispute that threatened to shut down bart this morning. >> for the next seven days, the trains will run. there will be no lockout. there will be no strike. the governor has asked for a board of inquiry to look at whether or not a 60 day cooling off period is necessary am and we have asked the lieutenant governor along with the govern are and the controler to look into this matter. >> the kpix5 report ser here in san francisco. to tell us what the unions and the management are saying at this hour. good morning, kate recall. >> reporter: good morning, frank. as you mentioned earlier, thanks to the order we have from governor jerry brown things operate as regular at

bart stations across the bay area. it is basically the 11th hour of negotiations. and there were still no deal between bart and the two unions. so the governor stepped in. he issued an order for a board of investigators to do a seven- day inquiry into this contract dispute that threat werens threatens to shut down bart. >> we present them the facts of the case as we see it and the union will present facts as they see it. >> we're extremely disappointed this has to happen. from the very onset we have said that we did not want to disrupt the riding public. this did not have to occur. the board of inquiry did not have to occur. >> after the order was issued, the union leaders sent out a statement accusing bart management of stalling until hours before the strike could have begun. and here is more on what the governor's letter, calling for the inquiry, means. he appointed a 3 member board to investigate the threatened

strike and he directed this panel to provide him with a written report of the findings within seven days. now, the governor says a strike will endanger the public's health, safety and welfare. according to bart, the board's president actually reached out to the governor asking him to step in because at that point the two sides were very par apart in negotiations. reporting live in san francisco, back to you, frank. >> so each side is working on their case, will they be negotiating as well or working on their case? >> well, frank, the unions tell us yes, they can negotiate, but as you can imagine, they will be very busy trying to present the case. so there will be again -- they're working on it for the next seven days. we could see the possibility of another strike next monday or the governor will issue that 60 day cooling off period. >> hopefully they can get something done. kate, live for us in san francisco this morning, thank you, kate. as you might expect bart riders are relieved for now at least the trains will keep running and they seem to understand that reaching a

contract deal still will not be easy. sue kwon is joining us from the bart station in walnut creek with more reaction. good morning, sue. >> reporter: good morning. at this time, we saw lines of people getting up two hours early to catch bart bus shuttles to try to figure out how to get into the city if they're commuting there. and you may remember that scene, we had about 400,000 passengers a day, and bart did have buses and ferry service. it is on stand by at the moment. bullet it was on stand by, rather. and in case of a strike. now that time, we had a little lighter traffic, but still we had ferries with ridership that had tripped to about 8,000 a day. they were at capacity. buses and shuttles were as well. with turning people away. and cal train, it added about 2,000 riders as well that week, as lines for all of these solutions formed as early as

4:00 to 5:00 in the morning. now with the negotiations continuing late into sunday, commuters had a weekend of worries. >> what i hear is the bart employees are paid quite a bit already. so i don't know, i can't sum it up so quickly, but it is good that people can get to their jobs, you know. >> it seems reasonable. and a lot of people rely on bart to get back and forth from work. so they kind of rely on the service. it seems like both the unions and the bus service have not given in their positions. >> reporter: commuters got pretty creative last time and bundled up and went into hov lanes and car pools and got here at bart stations up to two hours early and had to have patience on the way back as large crowds formed at ground zero in san francisco's terminal area. but getting a little more sleep this morning, hearing that there will not be a strike this

morning. we haven't seen too much activity here, but no one milling around wondering if the first train was going to leave at 5:00 in the morning. but we will keep you updated throughout. back to you. >> still a little early. all of this comes as a cost when there are strikes. do we know what was the cost of the last strike? >> remember, julia, when we covered this back in '97 and we had the one in july, and these strike does impact a lot of people, a lot of businesses, and an estimated $73 million, lost a day, in the bay area productivity. for not only businesses but individuals as well who lose out on work. an many people getting creative with tell commuting but some people have to go in, service provider, teachers, nurses, so a lot of people breathing a sigh of relief this morning. >> we will hear from them in the next half hour i'm sure when they start to show up at the bart station. sue kwon, thank you. 4:07. keep in mind there is a lot going on behind the scenes between negotiating parties and politicians, as well.

and as kpix5 anne makovec explains the labor war has more than just two sides. >> no one would lack a final solution -- would like it, but it is a good one. >> reporter: hundreds of thousands of commuters would like any solution but they're pawns in the game. former house speaker willie brown knows how it works and says a big name politician has to be stepping in to bart negotiations. >> not one of them has been involved in trying to say that the ridership deserves a solution to this problem and i will stake my political career on making sure the ridership gets representation. >> in the meantime, riders prepare for the possibility of lining up for hours. waiting for buses. to take them across the bay. this was the scene in downtown san francisco during the first one in july. why not get more buses? we posed that question to one of the directors of the metropolitan transportation commission. >> in order for us to be prepared for a bart strike, we need to put let's say a million dollars on the table, and that

strike may or may not happen and that million dollars would go away. >> he admits they have the money but it has become a political issue within the mtc board. people don't want to be seen as strike breakers. >> there are some folks who think we should go all out to avoid any kind of inconvenience for the public. there are others who say the only way to get this things settled is to have this inconvenience so both sides will finally settle this dispute. >> again, riders are left as the pawns. so how do the unions have so much power over hundreds of thousands of people's daily routines? muni drivers don't. they have a no strike clause in their contract. but bart workers do not. >> the creature of state law, as you know, public employees are allowed to unionize and in this case they're allowed to strike. so if someone wants to change that, it has to take an act of legislature. >> and a state senator is proposing a change in state law but getting resistance from all sides because the no strike clause often requires mandatory

arbitration. anne makovec, cbs 5. >> and the bart talks continues online at kpix .com/bart. good morning. you all look bright-eyed and bushy tailed. >> at 4:00 a.m. >> we didn't sleep. that's why. >> talk to me at 6:00. we will see how we're doing by then. >> 4:10. how are you this morning? weather is starting out as it has started out since 1973. we have fog and low clouds along the shoreline. it has been an unusually cool summer. it will continue that way. all week this week. because of this nagging low pressure. and like an ingrown toenail. it simply will not leave. 60 degrees in san jose. there is drizzle out there. and we've got some fog and low clouds that are along the shoreline this morning. that is fairly good representation right now. low clouds. the marine layer has deepened and the low clouds pushed well inland.

off to a cool start. average for this time of the year, numbers will be from 6-10 degrees below average. 83 degrees in santa rosa. and that is where we're supposed to be but we're not. and the extended forecast is calling for more of the mild weather, mid-60s, through the bay and we will get sunshine but have to wait a bit, and the big question this morning, at least it was liza with a z? can. >> yes, with a z. that's my name. >> and bart offering full service. no strikes for now. the first bart station, the beach point and daly city stations are open and bart is report nothing delays on the system so far. if you plan on hopping in your car at this very early hour of the morning, it is wide open at the bay bridge toll plaza. no major construction overnight. so all five lanes are open across the bridge. into the city. that's a look at traffic. now to my good friend juliet. >> liza, thank you. and new this morning, san jose firefighters have

contained a two alarm apartment fire on the west side. it was first reported about 12:20 this morning. at a complex on waterbury court. it took crews a little more than an hour to put out the flames. there are no reports of injuries and the cause is under investigation. we have developing news out of afghanistan. the u.s. embassy in kabul has reopened today. that is after it was temporarily closed due to a possible militant threat. and despite operations returning to normal in afghanistan, security in kabul remains tight, near the gate to the u.s. embassy. and diplomatic missions in algiers and baghdad were also due to reopen on monday. and the state department says that 19 embassies and consulates will now be closed through next saturday. and including some that were not closed this weekend. the department says it is acting out of an abundance of caution. cbs reporter jessy cage says more details on the terror plot that prompted the closings, a

plot intelligence sources say is imminent. >> reporter: in yemen, large concrete barriers block the road leading to the shuttered u.s. embassy. it is one of 22 consulates and embassies closed down in a rare move. house homeland security committee chairman michael mccall says the u.s. government is on high alert. >> this is probably one of the most specific and correct threats i've seen -- credible threats i've seen perhaps since 911 and that's why everyone is taking it so seriously. >> reporter: an intercept operation could be under way and may be in the final station p stages. sources tell cbs news the threat appears to be imminent but there are key pieces of information missing. with no specifics on time or target locations. and that is why broad measures are being taken and this is the embassy and consulate closures, with a global travel advisory that warns u.s. citizens of the potential for terrorists to attack public transportation and other tourist infrastructure such as restaurants and hotels. the republican congressman

peter king says an attack would most likely happen in the middle east. but there are no guarantees. >> basically it could be in europe. it could be in the united states. and it could be a series of combined attacks. >> reporter: multiple attacks would echo the twin bombings of the u.s. embassies in kenya and tanzania 15 years ago this week. more than 200 people died. and 4,000 were injured. the president is receiving regular briefings and there have been high level security meetings at the white house. that includes a chairman of the joint chiefs of staff, martin dempsey. >> there is a significant threat stream and we're reacting to it. >> reporter: cbs news sources say the threat level is the most serious since 2006. and that even if there is no actual attack, carried out in the days ahead, the threat will continue into the future. until there is clarity. cbs news, washington. the san francisco police department says it is on heightened terror alert. a statement from sfpd says the department is monitoring the situation and can deploy

resources if necessary. and they say they're working with other law enforcement agencies in the bay area. they say there has been no direct threat to san francisco. bay area activists rallied against government snooping over the weekend. the rally was part of a national move plot to expose surveillance by the national security administration. yesterday, the star attraction was the famous whistle blower from the vietnam error daniel elsburg and has pentagon papers were talking about malfeasance during the war and broken into by president nixon's staff. >> i think it is absolutely appropriate to be willing to give your life to save this country to protest the terrible war. >> the debate over government surveillance has intensified recently because former government systems analysts edward snowden exposed the nsa's capability to monitor phone and internet use of nearly all americans. today, major league

baseball is expected to slap alex rodriguez with a suspension for the rest of the season and all of next year. but as cbs news, jared duncan reports, rodriguez could still be in the lineup tonight for the yankees. >> reporter: he spent the weekend playing the yankees minor league team the trenton thunder. he is expected to be in the lineup tonight the first after hip surgery in january. key take the field even after an announcement after major league baseball later today and sources say he will be likely suspended through the 2014 season but the three time american league mvp will be allowed to play while appealing the suspension. rodriguez spoke about playing in tonight's game against the white sox in chicago. >> i can't wait to see my teammates. i feel like i can help us win. >> rodriguez is suspected of using performance enhancing drugs. sources close to the case say he also obstructed mlb's

investigation into the biogenesis clinic accused of providing the drug. rodriguez is the highest paid player in professional baseball. if the suspension holds, he could lose out on more than $30 million in pay from the yankees. >> rodriguez is 38 years old. a suspension until the 2015 season could end his career. >> this is a guy who would then be 40 years old. having had two hip surgeries. so it is highly unlikely that he could ever even think about playing again. >> 14 players face discipline. but rodriguez is by far the most high profile and the athlete likely to receive the lengthiest suspension. teresa duncan, cbs news, new york. major league baseball is reportedly willing to shorten rodriguez's suspension if he agrees not to appeal the decision. bodies were scattering. bodies were flying in the air. people were screaming. >> surveillance cameras caught a car driving into a crowd of

beach fans in southern california. why witnesses say it looks like the driver did it on purpose. >> and the 4-year-old gets re- elected as mayor. what he plans to do during his second term in office. all coming your way. ,, ,, tourist and injured nearly a dozen others. as cbs er bigad shaban re we're learning more about a deadly crash on the venice beach board walk that killed an italian tourist and injured nearly a dozen others. cbs reporter bigad shaban shows

us surveillance got the whole thing on tape. >> the driver did not appear to hesitate as he plowed into a crowd. a woman in los angeles for her honeymoon was killed. 11 others injured. and surveillance video captured the chaos saturday night and police believe they know who was at the wheel. 38-year-old nathan campbell who turned himself in two hours after the crash. >> how close did the car get to you when it came by? >> about two feet. >> juan del rio was manning the music booth when he saw the car on the board walk. >> i see it careen all over the place and bodies flying. >> the metal poles were used to prevent any traffic for coming on the board walk but one witness says the driver took him time to maneuver around them carefully before heading into the crowd. >> and surveillance video captures moments before the crash.

and he walked around his car for about six minutes. and dave black burn was sitting at this cafe and happened to notice the man get back into his car. >> he started going straight down the board walk about 60 miles an hour. >> this guy had an intent to create mayhem and massacre a lot of people. >> police say they have no idea what may have motivated the driver. for now, he remains behind bars, on a million dollars bond. bigad shaban, cbs 5 eyewitness news, venice california. >> the driver nathan campbell has been booked for investigation of murder. he is held on a million dollars bail. 4:20 now. and searchers have found the body of a snowboarder buried alive under tons of snow and ice. oregon authorities say he disappeared when an ice tunnel collapsed on mount hood saturday afternoon. this picture was taken just moments before the tunnel collapsed on 25-year-old collin bukowski. he and five friends were about 6,000 feet up when they walked to the naturally formed tunnel.

two of the snowboarders were hit by debris but escaped. severe flooding caused by heavy rain left the drivers stuck in their cars, in central kansas this weekend. but other people didn't mind. in wichita, some waded in. it others brought out the rafts and sunbathed on the water. and authorities are taking the high water seriously though. they went door to door, urging people to evacuate, to the nearby creek, since it is expected to peak later today. >> we're complaining about a little fog. >> that's what i was thinking. if that's all we got to worry about, we are okay. >> i will complain about it anyway. i'm a little tired of it to tell you the truth. >> an ingrown toenail. >> it is annoying. but i have to tell you, there are people who love this sort of weather and in that case, you will love this week. unusually cool weth nert offing through friday and cool down between now and the end of the week. clouds and drizzle to start off the morning. especially across the span. cloudy start to the bay and inland as well.

temperatures mostly in the mid- 50s. by this afternoon, we will have sun and clouds. around the bay. and sunshine will be coming out inland. where they must be loving this. the numbers are only in the mid- 80s for this time of the year and very pleasant, along the shoreline, upper as. because of the persistent low. it is at least a month and a half. and the low will finally get kicked inland later although it is cut off from the main flow of the jet stream. this keeps us cooler than average for now. slowly toward the end of the week it pushes in to northern california and brings a chance of a sprinkle or two later in the week and for us, increasing clouds toward thursday and friday. meantime if you want sunshine. central valley sur bet. 91 degrees at sacramento. and 97 in fresno today. down at the home of the national weather service in monterey, low clouds just like us. and 78 at campbell and 84 for morgan hill. and very pleasant in the south. mid-70s will do it. and we will nudge the mid-80s at brentwood but the meantime, if you're in danville and the 680 corridor. upper 70s will do it.

and mid-70s for the most part in the north bay. until you get closer to the bridge. and mill valley, 69. and sausalito, 62. the extended forecast is calling for sunshine inland but temperatures cool between now and the end of the week. mid-60s by the bay shoreline. and just upper 50s along the coast. a cool week ahead. but it is not so bad. and there is pretty good news in traffic this morning, too. oh, liza? >> oh, brian. no bart strike this morning. bart is offering full service. and so far no delays. good shape across the board for all of the local transit systems. no problems for muni or cal trains or the at month express. >> and the bay area toll place, everything is as it should be. it is early. wide open at the pay gates. no traffic delays leaving the east bay heading into the city. once you're in san francisco, very light traffic for 280, and 101. and meanwhile, over on the nimitz in oakland, this is it.

both directions near heggenberger moving at the speed limit. there is road work south of here in the san leandro area. multiple lanes shut down for construction between davis and marina. san mateo bridge, no road work there. westbound traffic is fine. leaving the hayward area. bound for foster city. you can see right here, the red taillights would be the westbound complete where everything is looking good. heading toward the peninsula. and the golden gate drive, southbound 101, leaving southern marin and heading into san francisco, that is moving at the suspect. that's a look at traffic. now to frank and jewels. >> liza, thank you very much. 4:24 now. four years old. many kids are in preschool and fascinated by play-doh but a little boy in minnesota is elected official. rachel shra vick caught up with the kid who just won a second term. >> i'm campaigning right now. >> the final hours of the campaign have the potential to make or break an election. >> are you putting on sun screen? >> yes. >> i got up super early, before anybody. >> he is combatting bobby tuft,

and leaving nothing to ch with cards in hand, he spent all day stumping at the annual taste of dorsett. >> thank you, sir. come back here. >> you can have it. you can keep it. >> hoping to gain the support from thousands of undecided voters. >> a political platform is pretty amazing. you know, ice cream is at the top of the food pyramid. and as long as he is talking about chocolate ice cream, i think we're okay. >> but in a race where anyone has a shot at winning, those voters are also competition. >> we decided like an hour ago, that he is running for mayer. >> in this race, ballot bus stuffing is ideal. no one thinks twice about buying a vote. >> i vote for bobby tuft. >> it is not a guaranteed victory. when the winner is picked at random. >> robert tuft. >> hard work has its rewards. bobby is ready for the second term and celebrate as only a 4-

year-old can. >> ice cream. >> that was rachel reporting. she says this is the first time there has been an incumbent in that town. >> maybe bobby could settle the bart strike. >> bring him on in. >> 4:26 now. a new warning on the smart tvs, loaded up with apps that connect it to the internet. how hackers are using them to watch you. ,,,,

annual "giant race" along s francisco's embarcardero. participants ran either a hf marathon, 10-k, 5-k, or kids race -- to benefit "project open hand." that's the non- profit that provides meals seniors and the 0001 a 10 k and a 5 k to benefit project open hand. that's the non-profit that provides meals to seniors and critically ill all around the bay area. giant race runners raised more than $200,000 for charity. >> usually when you turn on your tv you watch it. hackers are using your smart tv to watch you. smart tvs have operating system similar to a smart phone

which hosts third party apps. hackers can enter malicious codes into apps like skype or facebook and takeover your tv's camera. wants tv makers to find a fix. >> put in security features that computers and laptops have. the same security features we see in computers and laptops to make it harder to hack into those should be on those little cameras on the tvs as well. >> the issue only affects samsung tvs. the company is aware of the security issues and released a software update to resolve the issue. >> it is 4:28. coming up, silicon valley flexing political muscles. how the founder will dive into the immigration debate today coming up. >> reporter: good news commuters, a bart strike averted. why the governor had

to step in and call for investigation. this is kpix 5 news. >> bart trains roll out this morning. the last minute order by the governor that stopped massive strikes that would have shut down the nation's 5th largest rail line. >> reporter: i'm sue kwon in

walnut creek. the first train out at 4:20. reaction from riders coming up. >> good morning. it's monday, august the 5th . good to have you with us. i'm frank mallicoat. >> i'm juliet goodrich. michelle is off this morning. >> it's time to get you out the door. traffic and weather. looks like a typical bay area weather. >> happy the bart strike is not materialized. the fog has though. drizzle and fog along the shore line. temps now, upper 50s, near 60. cool week forecast ahead. here's liza. >> and all bart trains are on schedule this morning. the first trains left the yard on time. they are offering full service on a normal weekday schedule. no delays for any local transit systems. i'll be back with another check. >> thanks so much. time is 4:30. we have breaking news. bay area commuters as we've said