word is out the real refs are back at nfl football. what does it mean for local football teams? i'm christie smith. we'll take a look at that coming up in a live report. and the hearing about to get under way in new york that could affect gay couples all over the country. plus a local city getting ready to enact one of the strictest plastic bag laws in the nation. the new businesses now being targeted. right now a live look outside. that is the hp pavilion, home of the san jose sharks. the work stoppage is still going on. today was supposed to be the first pregame home game for those sharks. they'll keep those negotiations going on friday. that's tomorrow. today is thursday, september 27th. this is "today in the bay."

4:31. good morning, everybody. i'm jon kelley. >> and i'm laura garcia-cannon. i always like to check the temperature. i detected a little warmer this morning. >> good morning to you, laura and jon. you are right on the money. look at some of our readings this morning. upper 50s in livermore, 55 in san jose, 54 to start in sunnyvale, headed towards a hot day and triple-digit heat. i went and did it, i put triple digits on the seven-day forecast. we'll time all that out for you coming up. first let's check your drive. it's friday eve. >> yeah, we're looking at the san mateo bridge. eastbound is where i was investigating what was going on with regard to an accident reported right around the toll plaza. it sounds like a car went off the roadway, hit a power pole, so pg&e has been called to the scene. no major injuries and so far they have not blocked any lanes but i'll let you know as chp gives us the update.

the sensors show a little slowing westbound at the toll plaza. not unusual because you have to slow for the toll plaza. looking very nice off the castro valley y. we track eastbound 92 off of the of bridge but so far traffic is smooth. no doubt this has been a long time coming. yes, indeed, the nfl referees lockout officially over. >> it's amazing. the league and the nfl referees association actually reached an agreement last night. christie smith is live in oakland with the details for us. good morning. >> reporter: good morning to you. well, this is certainly a sigh of relief for football fans waiting to get back to calls they actually understand, especially after that call on monday night football that set twitter afire, had everyone talking about that play that really no one quite understood. well, fans scratching their head. we're hoping to speak with some raider fans in oakland a little later when the coffee shop opens up here by the raider image store in east oakland. but the real nfl refs expected to be back as early as tonight

after an aparent agreement reached with the nfl referees association. that call with the packers even caught on tape, that was the one that set everyone off. one possible twist, though, for the oakland raiders, coach dennis allen quoted as saying that it's great to get officials back. that is a good thing. of course the raiders penalties down 4.7 penalties for 34 yards in just three games. with replacement refs, it may have worked in their favor. but whoever is out there, they have got to get back to playing football. reporting live in oakland, christie smith, "today in the bay." the nfl office in new york received 70,000 phone calls protesting monday night's brutal call. late last night roger goodell releasing this statement. i want to give a special thanks to nfl fans for their passion. now it's time to put the focus back on the teams and players where it belongs. meantime the nhl still dealing with a lockout of their

own. the sharks were supposed to have their first preseason game at the tank tonight but it was cancelled last week when the league realized a deal would not be in place in time. the league has cancelled all games up to october 1st. more cancellations could actually be announced this week. the league and the players association will meet on friday to continue talks. in other news, it is a legal argument with implications for gay couples all across the nation. the law that barred the federal government from recognizing same-sex marriages now under attack today in new york. the defense of marriage act was passed by congress back in 1996 and it denied government benefits to same-sex couples. a federal appeals court is now set to hear arguments today challenging the constitutionality of that law. a ruling is not expected for several months. an east bay schoolteacher remains in jail. he was arrested yesterday and held on $100,000 bail.

he allegedly had an inappropriate relationship with a former student. they are also checking to see if there are any more victims. there are big safety changes on the way for a san mateo school where a girl was abducted, but the school says the changes won't officially be in place until monday. a fencing company has visited the school to start fixing gates around campus. parents will have to wait off campus before picking up their children. on friday 25-year-old bradley morzak allegedly walked into the school and dragged a 9-year-old student out from a school bathroom. that girl says she was able to fight him off and ran back to campus for help. he is being held without bail and is expected to enter a plea on october 2nd. 4:35. an 11-year-old boy who shot last week while sleeping in his bed is back home this morning.

he spent six days recovering after being shot last thursday in oakland. doctors decided not to remove the bullet but say he's expected to make a full recovery. hernandez underwent five surgeries. this morning he says he's happy to be home but doesn't like the reminders of what happened there. >> i don't like to sleep in my room no more because of the bullet holes. >> frightening reminder to him. the investigation into those shootings continues. police say the house may have been mistakenly targeted. so far no arrests have been made. well, it is 4:36 right now. the santa clara valley water district holding a public meeting this afternoon over the anderson dam seismic retrofit project. the water district leaders say they need to fix the dam because it might rupture in the event of a large earthquake. the water could flood morgan hill to san jose. boaters will now have to decide on a tax measure this november

on the ballot to fund that project. today's meeting starts at 4:00 at jackson elementary school in morgan hill. starting at 5:00 this morning, we'll tell you about a new earthquake report that is out this morning that explains why two bay area faults may be more dangerous than previously thought and why the anderson dam project may be so urgent. concerns over the spread of west nile virus are prompting mosquito fogs in the east bay tonight. spraying is scheduled to take place in brentwood in an area bordered by sellers avenue, balfour on the south and brentwood boulevard. health officials say stay indoors and close your windows if you live within the fogging area. also make sure your pets are inside and your plants are covered. santa cruz getting the green light to extend its ban on plastic bags to now include restaurants. the county already prohibits the use of plastic bags by grocery and convenience stores. it originally did include restaurants in that ban, but then removed it to settle a

lawsuit. tuesday night the county board of supervisors voted to put restaurants back on the restricted list. the restaurant restriction is all set to take effect starting next april. >> i'm just carry my food home. >> exactly. >> take gloves. hey, good day to eat outdoors today picnic style? >> exactly right. i hope you brought enough for five. good morning to you, 52 degrees out there right now. we're at 57 to start in livermore. the weather story is going to heat up quickly and we still have a chance for showers next week as well. so we've got some interesting weather to get through as this is the first full week of fall. temperatures are going to reach the triple digits in livermore for a couple of degrees. 57 right now, 55 in san jose. you're cool and crisp up in the north bay with the 40s. this is going to be the hot spot today, the tri-valley. make sure you're ready for that heat. we stop the clock for you at

7:00 a.m. at that point we'll see mostly cloudy conditions from oakland and san mateo even over the san francisco bay down to palo alto. however, those clouds will clear out by about 9:00 a.m. 92 degrees in livermore. we only ended up about 87 yesterday. and tomorrow we tack on an additional 5. by saturday and sunday we peak in the triple digits, which means you might want to think about those beach plans for the weekend or take your picnic up to the mountain. 4:39, let's check your drive. here's mike. the look ahead for highway 17 probably crowded this weekend. right now 101 is okay in san jose. the interchange i just showed you, no major issue. we do have northbound. yerba buena you lose two, maybe three lanes going northbound. yes, three lanes are blocked heading up towards tully. that construction zone is in place until 5:00 this morning. meanwhile 152 farther south at dinosaur point as you're heading

over to casa de fruita will slow there as well. for fremont a smooth drive, both directions very light just north of tesla at the truck scales. a smooth drive coming off of the peninsula with the taillights heading over the high rise on the san mateo bridge, an accident at the toll plaza but no lanes blocked. back to you. the city of palo alto is updwrau upgrading some streetlights with new l.e.d. bulbs. it will make it a lot safer and easier for people to drive and walk on sidewalks when it's dark. l.e.d.s also use 40% less electricity than older lights which will save the city some money. they also have lower maintenance costs and don't need to be replaced as often. coldstone creamery is holding a fund-raiser for the make-a-foundation. it's also donating a portion of its sales to the organization. make-a-wish supports children

suffering from life conditions by making their dreams come true. they have granted 225,000 wishes worldwide since they first started back in 1980. so you win by getting a little ice cream and the kids do too. >> what a great foundation. they just really, really make kids so very happy. >> it's fabulous, it really is. 4:41 right now. the fight for the presidency moving now to virginia. both candidates in the old dominion state today. we'll have the latest from the campaign trail coming up. plus israel's prime minister getting ready to address the united nations about what he sees as the greatest threat in the world. and, no, it's not just gas prices on the rise. why you might think and want to rethink before you pull out that atm card. nbc bay area is your place for the latest news, weather, traffic. hey, come find us on facebook. just search nbc bay area or any of us individually. we'd love to hear from you.

welcome back, everyone. waiting for the sun's arrival today, but a little warmer out there. in fact quite warmer inlane. those temperatures really creeping up. we'll check in with christina coming up in just moments. it is 4:44. a.t.m. fees on the rise.

a new report out from bankrate.com shows the average atm surcharge now at a record high of $2.50. that's an increase of $1.57 from last year. it gets more interesting when you throw in your own bank's charges for using a competitor's machine. that could push the cost of getting your own money from another machine as high as $5 for every transaction. >> you've got to be kidding me. all right, we move along. for a look at how futures are trading and the rest of your news before the bell, we turn it over to bertha coombs. she is live at cnbc world headquarters. bertha, good morning. >> reporter: good morning, jon. thanks so much. a little bit better look -- looks like we'll have a better start to the day at least. the futures right now are higher. investors seem optimistic about the new budget measures being unveiled in spain today. stocks fell again on wednesday as violent protests in greece against austerity became riots

and also we saw more protests in madrid. asia was higher overnight, europe is higher this morning. here at home we'll get data on the weekly unemployment filing and news on demand for big ticket durable goods, pending home sales and the final read on second quarter gdp. the dow coming off a 44-point fall to 13,414. the nasdaq losing 24 to 3094. well, americans are getting better at managing their debt but still have a lot of it. many of them have lingering student loan payments in particular. report by the pew research center shows that 19% of u.s. households, nearly one in five, had outstanding debt or deferred floenz loans in 2010. when you look at households 35 and younger, the number is much higher. that's a record 40%. so the student loan situation is really, really difficult. it's a big burden for folks.

>> indeed it is. i'm just glad i'm done with school. bertha, thank you very much. >> oh, but you've got those kids coming up. >> you are right. i'm starting to save now. >> you have, to whatever you can do. we want to check the forecast with christina. fall just not -- it's here but not really. >> not really. not really until next week. it's going to come in on a sharp turn as well. we've got a heat wave. some of the hottest weather of the year for the first week of fall. temperatures out there right now are crisp and cool and this is actually still a day we're going to see temperatures in the upper 80s, low 90s. we're not talking about the sizzling, scorching heat just yet. that arrives as we head through the weekend. the heat wave really settles in as we head through saturday, sunday and next monday. wait until you see my triple day -- my triple digits on the seven-day. yeah, it's a little scary. 57 in livermore, 55 in san jose and 52 in san francisco. what's happening out there, we've got this big dome of high pressure on the way to the bay area and this pressure system is

packing a lot of energy. so what's going to happen is it's going to force all the particulate matter right to the surface. you'll see hazy sunshine again today and the haze will thicken up through the weekend with nothing to cool us off. there's a storm system on the way, that's actually looking very significant. looking towards our first showers of the season in the north bay as of late wednesday. the next couple of days it's going to be hot today, a little hotter tomorrow and it really starts to sizzle saturday into sunday. today's highs not too shabby. if you still have outdoor plans, it might be your day to do so before it gets too hot. 72 in san francisco, 73 in santa cruz and los gatos and san jose right in the middle. we're going to get some really nice conditions today, 80s, really nice. low 80s in fact. as we head through the week look at this. saf saturday up to 99 degrees. sunday 101. and that's livermore so you can imagine some of the other tri-valley cities, pleasanton. yeah, it's going to be hot in

concord as well, getting very, very warm. and then look what happens at the end of the seven-day forecast. showers on the radar on wednesday, so, yeah, it's getting to be that season where the weather goes up and down. something for us to talk about, though. guys, back to you. >> all kinds of things. well, speeches by the world leaders and foreign ministers continue at the united nations general assembly. general debate continuing with the leaders from palestine and israel scheduled for this morning. among today's speakers, israel's prime minister, benjamin netanyahu. speakers from libya, iraq, greece and china planning to deliver their comments later on today. when it's all over, some 120 speakers will have addressed the 67th session of the general assembly this year. election day now just 40 days away. one big battleground state down, one to go. president obama and mitt romney campaigned in ohio yesterday. today they're both off to virginia, one of the largest states up for grabs. tracie potts has the latest this morning on the race to the white

house. >> reporter: president obama and mitt romney campaign in virginia today where median income is 23% higher than the national average and unemployment is way lower, under 6%. like ohio wednesday, the president is expected to hammer romney for his comments on the 47% of voters who don't pay taxes. >> i don't know how many of you will be with me this time around. but, but it doesn't matter because i'm willing to be your president, to represent everybody. >> we're going to help those that need our help. we're a compassionate people. >> reporter: romney is ten points behind in ohio according to quinnipiac university. that's a bigger gap than nbc and the washington post reported. no republicans ever won the presidency without winning this state. >> i'm going to win ohio. i'm going to become the next president in part because i'm going to have support of people in ohio. >> reporter: the two literally

almost passed each other campaigning, traveling on the same road through ohio. ohio begins early voting next week. iowa starts today. tracie potts, nbc news, washington. well, just in case you haven't gotten enough of the political rhetoric, just in case republicans and democrats this november, well, a third presidential candidate will visit the bay area today. peace and freedom party presidential candidate rose anne barr will be speaking this morning and this evening. she'll show her support for the legalization of marijuana. now, earlier this week green party candidate dr. jill stein was in north bay and palo alto while libertarian county candidate gary johnson was at uc berkeley. >> everybody has a platform, i suppose. 4:51. after a brutal line drive to the head, brandon mccarthy, talking about possible safety measures

for pitchers. what he thinks thank you shot be done. and the golden gate bridge, we have a little haze.

the time is 4:54. sometime today we're expecting the official announcement on whether or not melky cabrera will play for the giants come postseason. yesterday csn bay area insider andrew baggarly reported the

giants would not be putting cabrera in their lineup. general manager bruce bochy is -- actually manager bruce bochy is expected to make that official today. cabrera, reportedly disappointed with the club's decision but does not have plans to file a grievance. just weeks after he was hit in the head with a line drive, the a's brandon mccarthy talking about possible safety measures for pitchers. mccarthy said he would be willing to look at prototype helmets but doesn't want helmets to become mandatory. he says, quote, it's a dangerous game and things like this can happen. yeah, you saw it there several times. the 29-year-old hit in the head with a line drive back in early september. he actually needed brain surgery, but is now on the mend. he hopes to travel with the team soon. 4:55. there's good reason for mccarthy to be on the road with the team. the a's may have a spot in the playoffs. as of this morning, the magic

number is six. that means of any combinations of a's wins and angels losses that add up to six put oakland in the playoff spot. wins will not be easy to come by. oakland plays division-leading texas in four of those seven games, including one this morning. >> you're a warrior pushing through that script. i like that. >> i was kind of choking there. >> mike, why don't you take 8 way. >> we're looking over towards the -- we're lookg at the san mateo bridge and eastbound, the headlights coming toward us. we see more cars now, the heavier volume just ticking up a bit but we do still have activity on the maps. we have slowing now as you approach where there's report of an accident. pg&e is on scene and a power pole was hit there. we're watching a little slowing around the toll plaza. here on highway 101, and fog in

daly city so keep that in mind for 101 around skyline. back to you. it is 4:57 right now. coming up, an uptick in violent robberies in san francisco. we'll have a live report on what police say what are happening and why they're happening and what happens if you don't give them what they want. and for all your news, weather, traffic updates, check us out on facebook. just search nbc bay area news.

good morning, i'm bob redell. how to stay out of the hospital when you're mugged here in san francisco. what new numbers show. that story coming up. plus a delay in the trial of a suspected serial killer. and you only have a few more weeks to hop in the pool before the weather dramatically changes. we've got a heat wave starting today. 90s inland, 80s bayside, 60s at the coast.