i'm raj mathai, next on nbc bay area news tonight, is it time to get rid of the mask? on the verge of changing the rules. is it a good idea? plus. this heavy clamp on my leg. >> attacked by shark and survived. >> started to see spots and black out. i'm like, no, i'm going to die for sure. >> from his hospital bed, this surfer tells us how he got to shore and how fellow surfers

helped save his life. a juror dismissed from the elizabeth holmes trial. what she told the judge. do you want $9,000, trade in gas guzzler and go electric. how the new program works. good evening, this is nbc bay area news tonight, i'm raj mathai. another local county imposing water restrictions. question is will you be fined if you don't cut back? we'll get to that along with something fun, 50 best restaurants in the world, three of them in the bay area. let's start with the mask. we take this thing everywhere, right? is it time to drop the mask mandates? we've gone through this before, now doing it again. bay area health leaders expected to make a big announcement as early as tomorrow. right now almost every bay area county requires us to wear masks most indoor businesses. lone holdout, solano county.

could change soon, finalizing a plan to ease the rules based on three things -- how many people are vaccinated, how many covid cases we're seeing, how many people are in the hospital due to covid. how do the businesses feel? this is always tricky. daly city. >> if they allow masks, i can't force people to wear masks. i'll still have my sign out there you should wear a mask. >> it's been inconsistent, some businesses are enforcing the rules, checking status, wearing masks. others are not. it's not clear which counties will be involved in tomorrow's expected announcement but health officers in contra costa and santa clara county are part of

the discussions, london breed says the changes are long overdue. wearing masks is not fun, sometimes hurts sales but we've been told they stop covid. dr. chin-hong. july no masks. august because of the delta variant reinstated the mandate. now in october might drop the rule again. frustrating and confusing for a lot of people. >> definitely frustrating raj. people are look at numbers, numbers are going down. we're not quite where we were june 15th where -- just for perspective, san francisco today, 77 cases a day, we were 12 or so a day june 15th. not 160 where we were but not the way yet. expect we're going to have some concessions. if you know the vaccination

status of who you're around, even in enclosed space, i expect the masks would not be mandatory in that setting. >> you're not a politician or ordinary citizen, you're a doctor. if it was up to the medical community, would we keep our masks until it's all over? >> i think in unregulated environment it's not bad idea. only -- you know, cautionary tale, san francisco is not an island, we don't enforce the borders, lots of people coming in and out. nevertheless the train has left the station. it is not just question of if we're going to dispense with the mask mandate, it's when and if it's phased or not. we have a tendency to put it in quickly and tradition is having a slow, gradual dispensing with it. >> look at data, all but three

bay area counties, are over 90% vaccinated. the numbers are sky high. look at covid case rate. lowest is marin county, five new covid cases per 100,000 a day. napa county is highest. are the numbers good enough to justify mandates ending? >> yes, if you look at cdc guidance, recommendations of masking in delta era, we meet the criterion easily. question is whether or not the values of the -- public health, going to align with that or do something phased. nonetheless, everybody really wants a road map, want to see the metrics to look to in terms of something to look forward to. >> two quick questions now.

seeing it in l.a., a few hours ago, and san francisco and contra costa county, to get into places, chase center for a basketball game or restaurant, you have to be vaccinated. forget mask, you have to be vaccinated. is this the trend of the future we're going to see everywhere? >> it is the trend of the future. even bottlerock, expected it to be super spreader event but it wasn't, there were lot more covid cases in the community at that time compared to now but only 11 cases or so ascribed to bottlerock. so having vaccine enriched population does make sense in terms of reducing the spread. having people feel confident about going out. >> last question as we approach holiday season, do you think at some point in the united states we'll have mandatory vaccination to jump on a flight? >> yes. interstate travel is regulated

by the feds and they have jurisdiction whether or not to enforce a vaccine mandate. i think it probably will be coming. already started in canada for example. so i think it's just a matter of time before that infiltrates that level. >> as we wrap it up, we like the background. where are you? in san francisco? >> in san francisco, in the mission. and enjoying it. >> looks like that. dr. peter chin-hong -- >> masking too. >> thanks for joining us. what will you do when the mask mandate is lifted. got a lot of responses. vast majority saying they will keep their masks handy. writes allergies and smoke from fires will still be present. good response. several referred to working out. when the masks are off, going back to hot yoga. and we have snarky responses, said i think we should keep masks in public, most people are just ugly.

everybody has their response. another big story. this guy was attacked by great white shark and survived. tonight we have the hospital bed interview. that attack happened on sunday, salmon creek beach, bodega bay. good samaritans, fellow surfers, helped save his life. melissa colorado. >> there's my leg. still there. >> reporter: bandaged and protected by brace but still in one piece after a shark clamped its jaws over his limb. >> drug me underwater. >> reporter: while steinle was serving on bodega bay. >> hit him on the nose. thing was huge. >> reporter: let him go, got back on surfboard and screamed for help. >> looked back again, bleeding so much, started to see spots and black out. i'm like, no, i'm going to die

for sure. >> reporter: surfers and good samaritans raced to help him get out of the water, apply pressure to wound. >> started putting tourniquets on me with leashes. >> reporter: one was a doctor. he was airlifted to hospital, recovering in icu. >> don't want to lay down and get depressed. there's more surfing ahead of me. >> reporter: dna sample from the bite wound confirmed it was great white shark. curator of the shark exhibit at california academy of sciences. >> this is the time of year they come to feed. sea lions and harbor seals give birth in the summer, pups start to grow. >> reporter: likely mistook his leg for young seal. even so, shark attacks are rare

in california. >> october and december there's more great white sharks but i don't think it's unsafe. it's very rare. some years there's no attacks. >> reporter: east bay, melissa colorado, nbc bay area news. >> remarkable. watch the full interview on nbc bay area app and nbcbayarea.com. on our front page. up next, jury shake-up in the elizabeth holmes trial. what the female juror told the judge, and high profile businessman who took the stand today. also what are the cargo ships doing sitting in the bay? how the port of oakland factors into the shipping backlog happening in southern california right now. how to get money for going electric, how to qualify. nbc bay area.

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and just doubled the capacity here. how do things look on your end? -perfect! because we're building a better network every single day. all right. you see this? island cove, a fish be boat that sank in slip at hyde street harbor in san francisco this morning. just east of aquatic park. popular with swimmers. u.s. coast guard is investigating what caused the sinking. deployed boom and floating pads to contain fuel spill. one person was aboard but got to land safely.

you know the drill, conserve water in the historic drought. in south bay more restrictions on the way. san jose mayor sam liccardo will sign a resolution to cut back watering outdoors to twice a week. will be enforced but unclear what it means or if there's fines if you break it. >> most cost effective way to find more water is save the water we've got. conservation is the path in near term. will continue to look to invest with the partners at water district and others to reduce and expand recycling in the city. >> there are other ways, planting drought resistant and native vegetation, turning off water brushing teeth or shaving, taking shorter showers, five minutes or less. chief meteorologist jeff ranieri is here. we've gone through this before. lot of things to figure out.

in santa clara, suggesting watering outside twice a week. big change for me. i got to fine-tune everything, get it zoned in. lock at this. more frequent drought since 2000, 80% of the years since then have had some sort of drought. we've been used to it but last thing we need with the fire seasons we've had. >> where are we right now? report card? >> we have made some improvement with the rainfall last month. heavier in the fire zones. 24.19% improvement but so much to make up for. snow pack was 59% of normal. closer look, north bay and east bay, deep red color. >> deep red. >> exceptional drought, worst level. likely will see the south bay

and peninsula into it as well next month. homeowners with wells are noticing those going dry and they may have to drill lower. >> talking about might see rain north of us? >> increasing hope we would get widespread rainfall in the bay area. october 15th. look at this. this is what we want to see. >> ominous but good. >> very good. all the green is rainfall by october 15th lining up in pacific. still quite a ways away but data i've been analyzing since 30, 40 days ago continues to show signal markers in the atmosphere that by end of october looking at 70% chance, how i'm calling it now, moderate storm with quarter to half inch of rain. pushed toward end of the month but still looks promising.

got cold weather now and clouds and it's frustrating because you want the rainfall. but end of october is looking up right now. >> good news as we approach halloween. see you in a few minutes. keep track of rain on nbc bay area app. access the weather radar that jeff uses to zoom in to see how storms will impact your neighborhood. get you caught up on other stories we're watching this wednesday evening. two major developments in elizabeth holmes trial in san jose. second juror was sent home and former ceo of safeway was on the stand. after holmes walked into the courthouse this morning, hand in hand with her mother there, juror was removed. mother cited religious believes, being buddhist, believes in compassion and forgiveness and would have trouble determining future of another person. former ceo of safeway testified,

said he made a deal with holmes and theranos to put the blood testing machines inside safeway, quickly invested $55 million into it and another $30 million to refurbish the safeways before the deal fell apart. >> this is putting the focus back on elizabeth holmes, this is the carnage left behind by her actions. >> ceo said the deal fell through with theranos because safeway was unable to get results from the theranos blood testing machines, he's not been questioned by defense yet. seems to be getting worse every night. more problems at millennium tower. new expert is advising san francisco and homeowners whether it's safe to resume the construction project designed to stop this luxury tower from sinking even further.

during the fix work the building sank another inch, increased tilting top of the high rise from 17 inches to more than 22 inches toward fremont street. drilling expert has been hired by the homeowners to advise them and the city how to make sure further testing on safe way to install steel support tiles won't cause the building to lean even more. >> not to use the cliche term but if you're going to bomb the village to save it, might be a terrible idea. >> outside adviser on board, fix engineers hope to restart testing this week. margin for error is narrowing. few more inches of sinking in wrong direction could make it seismically unsafe. might have noticed empty store shelves and delays in online orders, 70 cargo ships

are anchored waiting to unload. backup at southern california is part of overload on both coasts as demand for goods picks up in united states. port of oakland has cleared its line of ships waiting to dock thanks to more dock workers and new giant cranes. hoping to ease the backup down south. one of the biggest logistics operators in bay area says won't be enough to refill the store shelves in time for holidays. >> going to be delays, disruptions and stock outs where product will not be available in time. for those that are last-minute shoppers, encourage you to change your behaviors this year. >> bottom line, want to do holiday shopping, do it sooner than later. once the crates are unloaded from the ships, there's delays in delivering because of the shortage of truck drivers as well. truckers starting to age out of the profession and many changed

jobs during the pandemic. want quick rebate? $9,000 from the state of california, working to combat climate change by getting old gas guzzling cars off the road. in honor of clean air day today, bay area air quality management district relaunched program called clean cars for all. gives people money to retire their older car, then use it to buy a hybrid for electric car or electric bike. here are the details, can get $5,000 to to $9,000 for turning in old car. single person earning less than $51,000 a year or family of four making $106,000 or less. cars must be from 2005 or older. you can find out more about this program heading to nbcbayarea.com. we've posted a link to the details how to apply. clean cars for all on the top of

the home page. take you outside. live look. looks chilly. nice though. into oakland. jeff, rejoin us about the possibility of rain coming our way. some of the best restaurants in world are in the bay area. not the michelin list but new of the top 50 restaurants in the world. we'll tell you, stay with us.

okay, jeff. world's 50 best restaurants. ready for this? >> i'll go to them all. >> copenhagen, denmark, noma, number one. number two also. in you can't make denmark, three bay area restaurants made top 50 in the world. not michelin, a different list. benu in san francisco is 28th. >> i know of that. >> never been, have you? >> i'll tell you. >> singlethread in healdsburg is 37 andatelier crenn in san francisco. what is the back story? >> lived near benu and would see six or seven people at a time. that kind of place. >> that fancy? >> we could split it a couple of

ways. 119 days since weather as cold as we'll see tomorrow. >> tomorrow is the big chill. >> fall weather moving in. get coffee off the ice, get warm coffee tomorrow morning. what is producing this weather we haven't seen in 119 days, this system dropping down, going to be with us for thursday and friday. also clouds moving in. rain chances stay over the sierra but we get the chill. 50s in the morning, overcast. show you how overcast all throughout the bay area, hang on to it through the afternoon. daytime highs dropping a few more degrees, 60s across entire bay area. even including hot spots, concord and livermore, except the coastline will be in the 50s. heading into fleet week, no

sunglasses but jacket with temperatures staying in 50s and 60s. san francisco, we get sunshine in this weekend. will be nice and 70s upcoming weekend inland. >> chilly and perfect for the fall. thanks for joining us, have a good evening.

♪ i see trees of green ♪ ♪ red roses too ♪ ♪ i see them bloom for me and you ♪ (music) ♪ so i think to myself ♪ ♪ oh what a wonderful world ♪

♪ hello, everybody. this is brittany murphy. as far as having new year's resolution -- >> still searching for answers to brittany murphy's mysterious death, who's now taking a closer look at her husband simon monjack? >> they have blood on their hands. >> he actually came to my house and broke in. >> wait till you hear the extreme measures taken by willow smith to end her stalker nightmare. >> i just had a problem area that needed a quick fix. >> one very personal account about fat freezing procedure gone horribly wrong. >> when i finally went to the