smoke and you have breathing problems, children and the elderly should not be spending a long time outside. we are advised to stay indoors with more air-conditioning running or if you are in your car turn it on the recirculate so you do not bring in the unhealthy air quality to your vehicle. more on that coming up. thank you. breaking news, johnson & johnson this week will reportedly ask the fda to approve a booster shot. they will meet on the 15th, one day after discussing the moderna booster shot. it will provide 100% protection against severe illness. johnson & johnson not commenting on "the times" report.

and today in the "today in the bay," sharon katsuda is live to tell us what happened here. >> reporter: you always what is lurking under the ocean's surface, and one witness said it was a slow shark bite like a dolphin peeking up. he saw the moment the shark bit his friend. the surfer who was bitten began yelling and paddled to shore and that's when others came to his aid and tied tourniquets around his leg. >> yeah, we got him on to a long board. surfers were coming into help, pouring in. >> reporter: paramedics with the bodega bay came in and realized he had critical injuries.

this is the second serious shark bite since last summer in june. a man was bitten as he was grab hunting near pacifica. he survived those injuries. experts say the shark bites are rare. they are simply trying to find food and sometimes mistakenly bite humans. developing now in southern california, a massive cleanup is under way on parts of the coast after an oil spill over the weekend. dead birds and fish are washing up after a pipeline breach. globs of oil is washing ashore. scientists say more than 80 species of birds live in those

wetlands. >> if birds are covered oil, they can't clean themselves are regulate their body temperature. in just a few hours the new term for the supreme court starts with the strongest conservatives in decades. today in the bay's chris pallone joins us with what is expected. >> as this new term begins the court is poised to weigh in on some of the most contentious issues in american life, among them, religion, abortion and guns. one case the court agreed to take up and highly anticipated

is a mississippi law that bans all abortions after 15 weeks of pregnancy, the current standard around 24 weeks was established nearly 50 years ago in roe v. wade. >> our hope is they will see the current standard of 24 weeks is too rigid. >> they would be gutting the roe v. wade decision and the architecture on which it stands. >> also likely to be revisited, the new texas law that bans abortions after six weeks. the justices will settle a question raised by a new york gun law that requires showing a special need to carry a concealed weapon. also church and state when it comes to schools and public money. 53% approving with the job the

justices are doing. it's important to note today's oral arguments will inbound person, the first time that has happened in supreme court in 19 months because of the pandemic. >> a lot of issues to cover there. thank you so much. 5:05. new overnight, a nurse shot and killed by a co-worker inside a philadelphia hospital. police say the gunman worked at the hospital and after the shooting that suspect took off in a u-haul truck later found near a school. police officers confronted the suspect and he fired shots at two of the officers. four of the officers fired back hitting the man. the shooter is in critical condition and the officers are expected to be okay. happening today, opening statements expected to begin for a danville police officer accused of killing an unarmed man in 2018. a man was shot and killed after danville police attempted to

stop his car. dashcam video shows officer hall firing nine times into the car as he drove by a roadblock. this morning ten people are recovering after a car smashed into a 7-eleven in san leandro. firefighters and investigators there say this happened around 4:15 yesterday afternoon along east 14th street. six people had to be taken to the hospital for minor to moderate injuries. the cause of the crash still under investigation. and then a car crash in the east bay on castro valley boulevard and stanton avenue. you can see a van knocked down a stoplight and struck a wall of the lumber business there. two people went to the hospital. today it's back to the classroom for some students in the east bay. this comes after a flee

infestation, the korematsu discovery academy and esperanza elementary schools are closed because of the flea infestation. and then a fall tradition will have us looking to the skies. fleet week is back. >> here we go. celebrating its 40th anniversary, and throughout the week san francisco police and sheriff's departments are reminding people they will have all hands on deck. uniformed officers will maintain a highly visible presence amid the crowd. fleet week runs through wednesday. traffic seems to be moving along. i will leave that to mike. >> yeah, that's right, we will have a look at the commute in just a little bit. first, let's check in with

meteorologist, kari hall. tracking the spare the air alert. >> it's a step down to a spare the air alert. we are in the upper 50s right now. we will hold steady here through about 8:00 and then see our temperatures warming up. you can see the trend there at noon. walnut creek, we are at 81 degrees and heading for the low 90s today. still hot and summer like in some areas. oakland reaching 78 degrees. 75 in san francisco. 85 in san rafael. in san jose, expect a high of 86. this is the last day of temperatures like this. tomorrow it starts to cool off. i will have more on that in the forecast in just a few minutes. mike, heading out the door, what is going on? >> thumbs up with the lower temperatures. and thumbs up because we're mostly at the speed limit, and a little tinywi at the altamont, which is to be

expected. a smooth drive between discovery bay and tracy. over the weekend there was the closure. pittsburg, all the way in towards 242. still green and great stuff out of the north bay and towards the bay bridge, and confirmation, marcus, traffic is flowing along smoothly in san francisco from this live shot. no major problems or backups. >> doesn't count unless you say it. >> that's how it works around here. grab your wallets, because coming up next we will talk about the holiday shopping season picking up right now, and so are some of the deals. we'll let you know how america's biggest online shopping day is coming a little earlier. >> last week we were talking about how facebook's internal memos were going to the "wall street journal" and congress, and the whistle-blower revealed herself on "60 minutes." we'll show her to you, coming up next.

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but so far no problems. good morning to you. we have had one day of trading so far in october, and that was friday. good day, the dow rose 484 points. september saw really down days, and september historically a tough month for investments. we just started the fourth quarter and that tends to be a bit easier. and then united is requiring their employees to be vaccinated. american airlines is the latest. united working on dismissing employees who will not do it. we were showing you internal facebook slides showing people in the company worried about the affect of facebook and instagram on young people and their mental health unearthed by "the wall

street journal." this one reads we make body images worst for 1 in 3 girls. we now know where "the wall street journal" got their information. it was a whistle-blower from facebook. she gave tens of thousands of internal documents to the securities and exchange commission and the "wall street journal." she says facebook chooses what is good for facebook over what is good for users. the reporter that broke the story says facebook is in disarray. >> it keeps them on the platform. >> yes. facebook has realized that if they change the al kau rhythm to be safer, people will click on less ads, they will make less money. >> wow. >> facebook says it works to

fight hurtful comments. we'll hear more from the whistle-blower coming up at 5:30. >> thanks, scott. still nearly two months away, but amazon rolling out early deals starting today. amazon said new deals will be added every day. target also giving shoppers a jump-start on the holiday season. next week they will bring back deal days and launch online sales. the powerball, no winner. >> jackpots are growing more quickly. >> good luck to you, all those playing. you don't have to wait until

taco tuesday for taco deals. today it's national taco day! >> taco bell is giving away crunchy tacos on its app with $1 minimum order. 7-eleven loyalty members can get 10 mini tacos for one dollar. and elpolio crunchy tacos bringing back their tacos. go on, kari. >> you mean taco bell, right? >> no, that's a place my grandparents would never go. >> yeah. >> whenever there's a taco with the base being made out of a chip, i am sure that's not a

authentic taco, right? >> why is taco day not on tuesday? they are always synonymous, right? there's a lot of people up and out the door on this monday morning, and we're still watching the air quality, and some of the worst of the air quality is going to be in the east bay. these numbers measure the particulate matter and when it gets above 50 that means it's moderate, above 100 would be unhealthy. our temperatures are heading towards the upper 80s and 90s. morgan hill heading towards 92 degrees today. we will see upper 80s in cupertino. 91 in concord today. and low 80s for san mateo, and upper 80s for palo alto. in san francisco we will still have warm temperatures in spots but looking at upper 80s in

sonoma today and 91 in ukiah. we were watching the oil spill cleanup in huntington beach in southern california, and that may be complicated today by nearby showers and thunderstorms across southern california. for us it has been dry, and we will see the system coming in midweek that will dry up before it gets here but will come in with cooler temperatures by midweek. napa in the mid-70s. we will see temperatures dropping back to the mid-60s by the end of the week. we will see much cooler air in the forecast after today seeing some of the valley temperatures reaching into the low 90s. we will see low 80s tomorrow. more clouds on wednesday. once again, doesn't look like we will see much of the way in way of rain, but we will see a significant cooldown feeling fall-like by the end of the week. we will go to the low 60s for the rest of the week in san francisco. seems like a

commute, mike? you are a nicee. highway 4 cleared up without any problems, so folks can travel into tracy to discovery bay, or tracy via 580. the volume is building towards the truck scales, and not there yet. highway 37, no early slowing. west 80, across the bay bridge, a smooth easy flow of traffic. a nice volume building. we have consistently filled in the lanes in the last 20 minutes to half an hour over here. not a great camera shot. the bay bridge with a little light affect. there you go. i will tap the cam. there you go. it's like the clapper, but it's a camera. >> watch this. there you go.

next on "today in the bay," bay area responds. >> i am consumer chris chmura, and this is next. this was out at half moon bay, and as we head into break, we wanted to remind you you can keep up with the entire team on instagram, facebook and twitter. we're all there. it's 5:20. we'll be right back. let me get this straight. you've got an a.i. strategy to deliver a better customer experience, that will help us retain our customers and even grow our business? how much is this going to cost? here's the figure. 59. 59 million? no, five9. as in five9 intelligent cloud contact center.

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welcome back. 5:22. have you ever purchased something and realized you made a mistake? an east bay woman did just that leaving 2 grand on the line. >> chris chmura shows us her fight to get it back. >> good morning. this is a first for us. colleen and donald lee say they paid home depot for a new fridge with free home delivery. two months later the delivery driver called and said he could not find the address. then home depot canceled the order and gave the lees a refund. they wanted the fridge, and home depot told them no because they could not find the address. a few weeks later the store must

have found the lee's address because home depot the fridge they wanted. in this case, the wrong mailing address was entered for the order. we apologize for the frustration as we figure this out in our systems and we are glad we were able to take care of this for the lees. we have been getting a lot of appliance complaints and delivery hang-ups. ask questions, does the store have your correct address. if you feel like the company is freezing you out, go to nbcbayarea.com and maybe we can help. or give us a call. >> thanks, chris. the controversy is over. golden state warrior star, andrew wiggins, now received the vaccine. the nba eventually denied his

religious exemption requests, and over the weekend coach kerr confirmed he is now vaccinated. former minnesota timberwolves players had fake vaccine passports. the maximum penalty is up to one year in prison and a $5,000 fine. fairfield cracking down on side shows. you don't have to be behind the wheel to get in trouble. hundreds of people blocking the street in the middle of the night has become a big problem in fairfield, like so many other cities in the bay area. so the city council there approved an ordinance similar to the one in san jose. spectators at side shows can now face misdemeanor charges.

those found guilty could get a maximum of six months in jail or a $1,000 fine. south bay leaders are making a push to help homeless families find housing. san jose leaders and advocacy groups are announcing a new campaign called heading home. the goal is to house all homeless families and pregnant women countywide. that plan is to help house 1,200 families over the next year, and 600 families annually going forward. the event today is at 10:30 at the county government building. coming up next, the top stories including a life cut short. covid case rates are down nationwide. the cdc recommendation is still to not gather in person for the holidays. you're watching "today in the bay."

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good monday morning. thank you for starting your morning with us. i am marcus washington. >> i am laura garcia. so much to get to, but first the celebration continues after a huge day in oracle park. the giants winning the nl west for the first time since 2012. for the lucky fans that saw it in person, what a day, what a moment. there have been up and downs in the season for the team. we'll have more on that later. first, meteorologist, kari hall is here. >> we are watching several things in the weather department. we will have warm temperatures today but it will also be smoky. by tomorrow the cooling begins, and for the rest of the week it will feel like fall with showers nearby. look at the current air quality sensors. we are seeing unhealthy air quality for parts of the east bay down to the south bay. if you are sensitive to the smoke you do want to limit your

time outside. i will be watching this. we will talk about when it will improve and what is ahead in the forecast, coming up in a few minutes. breaking news. ucsf has a new nobel prize winner. julius won the nobel prize in work for how the body and train sense temperature and touch. he's been at the school for more than 30 years. as we approach thanksgiving the cdc is advising americans to not celebrate the holidays with large, in-person gatherings. >> aren't covid cases dropping? >> correct. especially here in the bay area, marcus and laura. nationwide they are down more than 20% as well, generally speaking. the cdc does not sound confident about the next few months and is

therefore advising americans celebrate thanksgiving and the other holidays virtually. do meal drop-offs, and drive through their neighborhoods to say hi. if you are going to get together, the cdc is recommending you celebrate outdoors, and also recommending that those who are not vaccinated do not travel. this country's chief medical adviser to the president, dr. anthony fauci, acknowledges we are turning the corner on infections but has this to say about in-person holiday gatherings. >> it's too soon to tell. we have to concentrate on continuing to get the numbers down and not jump ahead by weeks or months. >> last week san jose mayor gave city workers an extra week to comply with that city's vaccination mandate. city employees there now have until this thursday to get their first jab, otherwise they face a

one-week suspension. now, you will recall last week that governor newsom announced the country's first vaccine mandate for students. the goal is to have all 7th through 12th graders vaxxed by next fall once there's approval for shots for everybody 12 and older. the governor will require the same for students k through 6 once vaxxes are approved for kids ages 5 to 11. reporting live, bob redell, "today in the bay." a massive cleanup under way after an offshore oil spill in southern california. more than 120,000 gallons of oil spilled on to the waters in orange county this weekend. it's threatening marine life. nbc's emily acadia is at the

scene with more of the growing health concerns. >> reporter: we are just north of where the oil spill happened. there's a health advisory urging residents to avoid not only direct contact with the oil but also the toxic fumes its producing. we continue to see oil wash ashore along with dead fish and animals according to local officials. they are describing this as a potentially catastrophic disastrous situation. we're talking about 126,000 gallons of oil pouring into the ocean as a result of a leaking pipeline operating by data offshore. we are told divers are investigating the source of the leak but it's a difficult task because they are doing it under 100 feet of water, and officials fear we are just seeing the impact of the oil spill.

>> it's absolutely devastating. we will do everything we can to clean that up quickly and make sure the responsible parties do their part as well. >> the last oil spill around this magnitude in california happened in 2015 in the santa barbara area, and it killed hundreds of animals. marcus and laura. >> it's tragic to see. thank you. coming up at 7:00, the "today" show will continue the coverage of the massive oil spill off the california coastline, and we just saw that impacting the beaches and all of the wildlife. that's right after "today in the bay." and then congress wants a facebook whistle-blower to answer questions. >> leading us to believe, laura, that people running the committee, look into what facebook knows and did know very well that all of this was coming. a senate sub committee last week after "the wall street journal" published a series of internal facebook memos and slides,

showing employees inside facebook itself were worried about what impact it had on mental health. the whistle-blower revealed herself on "60 minutes" last night. >> facebook amplifies the worst of human nature. >> nobody at facebook is ma nevada lunt. the more anger they get exposed to, the more they interact and consume. >> and she justified her actions as whistle-blower, because she says facebook says one thing publicly and something different about the effect facebook and instagram had on young people and their mental

health. facebook provided these slides to congress after congress asked. facebook is trying to put that information into context. facebook did have a response to all of this, marcus, saying it does its best to fight misinformation and help teenagers in the best way they can. big hearings are coming up tomorrow. >> we will be watching. thank you, scott. we have a follow-up for you this morning coming out of the east bay where tributes are pouring in for an education activist killed in oakland. this happened during a home invasion late friday night. a woman was also injured. police are not naming the victim just yet but close friends identify him as dirk tillotson. he was an educational advocate. friends say he was pushing to make sure all children have equal access to a quality education. he co founded great school choices, a non-profit based in california and new york.

family and friends are stunned. >> when the time is right, but right now the time is for grieving and to remember dirk. >> the man you just saw there, he managed the non-profit. he said dirk tillotson died while defending his wife. police have not announced any arrests. drought conditions worsening, and some council members are asking citizens to reduce water use by 15%. traffic is moving steady, and it's shaping up to be a beautiful monday morning. meteorologist, kari hall is here with the weather forecast for us. >> we are waking up to mild temperatures across the bay area. we do have concerns of air quality for today. if you are about to head out the door in the east bay, this is a

look at the live camera in oakland. we can see the trend throughout the morning. that will be fairly mild here as we head towards 78 degrees. it will still be hot in the valleys reaching 92 in livermore. 87 in santa rosa. 92 as well here. i will have more on that cooldown and where we could see rain in a few minutes. we have a little bit of slowing, but this is right on schedule, northbound 101 just north of 680 to oakland road over here. this is where we would see a build, but we are just seeing slowing, a crash, a car went through the guardrail. that will cause slowing as the build comes off of 580. this other crash around highway

84 on the northbound side of sunol, there's a car that went into a ditch on the north side, or at least that's the report. no slowing there. back to you. relief on the way for some californians. next here on "today in the bay," when the next round of state stimulus checks will hit your bank account. a double whammy for the 49ers who lose to the rival seahawks and lose their starting quarterback. why today may set the schedule of when jimmy g gets back on the field. can you see my wall of smiles? when i first started using genesys technology i was kind of embarrased at all the love and attention i got from my customers. people are so moved by how much i understand about them. they start including me in their lives. that's helen and her friends.

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good monday morning. we're coming up on 5:43. fremont is starting out with temperatures in the upper 50s and throughout the morning it will warm up nicely. it's going to be another summer-like day, but this is the last one before it cools off. i will have more on that as well as our backup at the bay bridge. just forming here. we talked about the slowing across the incline. we will give it a few minutes to brew, and we will see how that shapes up for the commute. >> sounds good. we'll check back with you. happening today, the parkland school shooting suspect goes on trial but not for the shooting rampage. nikolas cruz is going to trial for the attack of a jail guard.

he has not faced a trial yet for the 2018 school shooting, but when he does he will face a possible death sentence. and then a vandal attack of a george floyd sculpture days after it was unveiled. >> somebody threw blue paint on it. the group behind the statue says it took hours to clean. happening tomorrow, additional relief on the way for some californians. the third batch of stimulus checks roll out tomorrow. people who made up to $75,000 received a one-time $600 payment. to qualify you must have your 2020 tax filed by october 15th of this year. the supreme court starts its new term today and there's a lot of the docket. >> scott mcgrew, they are deciding issues we thought were

already decided. >> gun control and other issues. president trump very successful in moving the court to the right, so gun control supporters and abortion control advocates are concerned about what the court could do. the court made a decision back in 1973, roe v. wade, and usually once the high court decides something its extremely unprecedented to reverse itself. in that sense, the supreme court is like religion, not likely to reverse a decision. brown versus the board of education, that helped to integrate schools. that decision reversed in an earlier court decision in which the justices had the idea of

separate but equal. brett kavanaugh tested positive for coronavirus even though he was vaccinated. he has not displayed any symptoms and the court says he's feeling fine. the other question over the next year is whether justice steven breyer will announce his retirement sometime. democrats currently control the senate, so that would be better done sooner than later. we'll have an update coming up at 6:45 on the issues. 5:46 right now. we may learn more about the status of 49ers starting quarterback, jimmy garrapalo. he will get an mri on his injury yesterday in the loss to

seattle, 28-21. to baseball. giants fans pick it up a notch. >> the finally clinched the division. buster posey busted it open in the third inning with a single, and this one was never in doubt. they won their 107th game, a franchise record. game one of the divisional series gets going on friday. and then the most dedicated fans after winning the national league west. >> pauline turns 113 years old today. she moved here in 1958, the same year the giants did. now her family and friends

gathered for the giants watch party over the weekend. local first responders even stopped by to wish her a happy birthday. and we at "today in the bay" wish the same thing. >> this is a live look at san francisco's skyline. it's shaping up to be a nice day out there on this monday. meteorologist, kari hall has a look at the forecast. >> there's a lot going on here from the air quality advisory to the summer-like heat. we have big changes as we go through the next few days. let's get you ready to step out the door in the tri-valley. in dublin, already a lot of people out and up on 580. our air quality advisory measures how much smoke is in the air and ozone, particulate matter, and these numbers are a measure of that and some of the worst of it is in parts of the east bay today. if you are sensitive to that, limit your time outside.

if you are commuting, turn the air-conditioning on recirculate. our temperatures are heading toward 91 in concord. 92 in livermore. 80s for fremont. santa rosa in the mid-80s. tonight we head back to the usual cooling, in the upper 50s. tomorrow it wont be nearly as warm. most of us will be in the 60s and 70s throughout the day. that's our first little taste of fall. here's what is going on. we have the cold front moving in. you can see the rain fall apart before it gets here. some of the spotty showers moving across far northern california, and it's going to be partly to mostly cloudy. look at the temperatures for concord. today in the 90s, but tomorrow in the 70s. look at the cooling that continues through the end of the week. by friday we may not even hit 70 degrees here. there will be modest warming going into the next of the

weekend and early next week. we will have a big cooldown going from the 90s in some of the warmest spots and then mid-70s by the end of the week. it's going to be a very nice weekend. keep in mind for san francisco, we have fleet week activities going on. we will start to see the clouds rolling in on wednesday, breezy and cooler. if you are going to be out there for the air show on saturday, take a look at the high. 60 degrees. yes, it's going to be chilly so make sure you are layered up even for the middle of the day. we will have more updates on that. mike, you are watching the bay bridge. >> yeah, i am watching that dramatic change over there -- not so dramatic. the metering lights were turned on at 5:37, and there was a backup that formed and then the computer adjusted to get used to the morning traffic. just a few cars at the toll plaza. we had a little backup here and that allowed this span right

here, the incline to clear up a bit. nicer spacing across the span. get into the city, things were getting closer together again, and it slows towards the exits, and this is after the narrowing, of course, as well, after the metering lights would go from all of the lanes. we have to watch those speeds. a smooth drive here. we will continue to see the adjustment but most of the backup will be at the toll plaza and a little over at the free -- fremont exit. no metering lights out of vallejo, but cars are self metered. the build extending into pittsburg as you are leaving the westbound direction. no problems, just your typical morning commute. there's a crash over in orinda. i will wait until chp gives us more information. it's just holding at speeds right now. here we have a little better

speeds. there's a frontage road that you could take it, but if you don't normally take that, just go ahead and travel south because it will only slow you down by a couple minutes. a little build for union city. typical slowing there. overall we're looking at a typical build with things lightening up in san jose as well. the volume will kick in about 6:40, right on schedule. the san mateo bridge has been a hot spot over the last few months. from 6:30 to 8:00, that 90-minute frame is a big deal at the toll plaza. right now it's just starting to build. amazon is introducing a new

feature today allowing prime members to send gifts using only a e-mail address or phone number. the program can only be used on mobile devices for now. the recipient gets a notice that a present is waiting for them. they must have an amazon account to accept the gift. only the giver has to be a prime member. >> that could work for a secret admirer. >> oh, here's my number. >> i already have your number. expect an e-mail or text. trustees voted to reinstate after an undisclosed personal matter. trustees are not saying if the extensions were all related. much more ahead on "today in the bay," including breaking news this morning from johnson &

johnson. the steps being taken that could get booster shots into peoples' arms very soon. plus -- >> we are celebrating hispanic heritage month this morning with music and movement dating back to the aztec's empire. we will introduce to you one san jose group looking to keep that tradition alive. let's look at the bay bridge toll plaza. a little backup right now, and how is that shaping up? mike is keeping his eye on that, and kari has a look at your forecast, and laura and i have you covered on the news. we'll be right back. it's 5:54.

5:57 right now. in celebrating hispanic heritage month we must celebrate the role of music and dance, and long before shakira, there were sounds and movement that connected with nature. >> we have the story of aztec dance. >> the aztec's ruled central mexico for centuries, developing complex organizations until they were overthrown in the 1500s.

today mexican heritage plaza is filled with ancient sounds ando stay connected with that ancien human heartbeat, the aztec dancers use movement to connect to the traditions of their ancestors. >> this is our body language. we move to the left, the right, we move up and down, and the steps we take has a meaning and representations. >> aztec dance and cultures were outlawed, but the people were able to keep it alive generation after generation with art and spirituality. for me it has been a spiritual

journey. we have a appreciation for the elements. the wind that we breathe. the fire, the center of our universe. our father, the sun, and the water that we drink makes up the majority of our body. >> very long ago they tried to take away our culture from us, but we still have our roots and they are very strong. >> this group does presentations at schools and festivals and often perform at weddings and even funerals, invited by people looking to keep their roots. >> thanks, kris. our celebration on hispanic heritage month doesn't end here. we have so much more for you on art, culture and history online. just go to

nbcbayarea.com/hispanicheritage month. the sharks are not trying to eat people. they are just trying to find food. >> a rare attack off our coast. hear from a witness that watched his friend come face-to-face with a shark. plus, an update on the surfer's condition this morning. an environmental catastrophe. thousands of gallons of oil spilling along the southern california coast. new demands made to the president. this is "today in the bay." good monday morning. thanks so much for starting your morning with us. i am marcus washington. >> i am laura garcia. hope you had a great weekend. let's start off this morning with what is