i agree with avery. the supreme court is going to reject and prohibit this type of behavior. >> why do you think it's just come willing to a head here? it seems like the reliability of the dogs have been used in the past in many cases. >> i don't know, susan. it never made any sense to me. why should dog sniffers be any more reliable than any other form of evidence? shouldn't there be tests of trustworthiness and reliability? that's exactly what the supreme court is looking at. i think it's time to really bring the answer, answer the question of whether or not we should trust the dog sniffing dogs. >> let's talk about a controversial mural removed about it governor of maine and now judges are trying to decide if the art is private, first amendment protected speech or not. i know you have a lot to say about that one. >>> and there is already fallout from the election. an ohio coal company says they'll have to lay off workers because of some things that president obama wants in his second term. we'll expla

i agree with avery. petraeus, other than the humiliation he's feeling and the issue with his wife, he's going to walk away. >> richard, these are broad philosophical issues. are we insane here? i don't consider myself insane. i'm getting there. >> right. >> i do know that. is there an issue of cyber stalking between paula broadwell and jill kelley? it's a cyber cat fight. i think david petraeus has had communications -- he's a potential witness. let me tell you something. he has bob ben nett as his lawyer. he didn't hire bob for the fun of it. this is a real thing. when you start hanging out with kardashian type women that's what this looks like, well educated ones, this is a problem. there is a practical reality and that is the cyberspace battle is going to continue on. i think david unfortunately is smack in the middle of it. >> finally ask you, richard, the general admitted the affair is a violation of the uniform code of military justice. so what could happen? >> it does not rise to the level of a co

avery, richard, thanks so much. always good to see you. >> nice to see you. >> thankfully the legal guys are here every saturday at this time and again at 4:00 eastern time to give us their take on the most intriguing legal cases of the day. 4:00 today we'll have a boneness case you don't want to miss with them. they're going to bear all. >>> case closed, the youngest son of rob kennedy is acquitted of harassment and child endangerment charges. douglas kennedy, you'll recall this case, was accused of twisting a nurse's arm and ckg other nurse after trying to take his newborn son out of a new york hospital back in january. kennedy's attorneys said the client wanted to take the baby out for some fresh air. and that the nurses overreacted. >>> all right. an exaddict now helps others get a healthy high. meet one of the top ten heroes of 2012. [ male announcer ] this is joe woods' first day of work. and his new boss told him two things -- cook what you love, and save your money. joe doesn't know it yet, but he'll work hi

see why baby avery wins this one. >>> the dog was going nuts in the backyard going crazy. so allison grabbed her camera to go check things out. she lived in a southern part of arizona right along the border with mexico. in the bushes she saw four mules, drawing mules. four guys carrying large bundles of what appears to be marijuana. see the guys walking through the bushes there. >> stop, come on. >> we spoke to allison. at no point, she said, did she feel threatened. she never felt they were a danger to her. in fact, they turned around and looked at her and went -- soon you see them cross a dirt road and go back into the bushes on the other side of the road. of course they are trying to get out of there, get out of the range of the camera. >> that's dangerous for her, too. what if they are armed, right? >> those are huge drugs of bales on their back. to me it looks like 200 pounds of drugs. they go back into the weeds. but watch. one guy returns to literally cover his tracks. >> oh, my god, i've never seen anything like this. >> allison said she's never seen it either. in

(applause) >> so, i don't know if any of you know linda avery herbert. she's incredible. if linda could stand up. [cheering and applauding] >> thank you. thank you, supervisor olague. it's a pleasure to be able to say that. i was so enthusiastic about you being a supervisor and i'm so proud of you. but it has been my rare pleasure to serve the citizens of san francisco in my role and i'm going to cry again, as commission secretary. the honor has been all mine. thank you. [cheering and applauding] >> today is actually -- i forgot to mention. we're still waiting for the official vote. today is actually we're declaring october 30th, 2012 as linda avery-herbert day in the city and county of san francisco. [cheering and applauding] >> thank you very much, supervisor. ladies and gentlemen, it is my honor to kickoff a set of commendations that each of our colleagues will be presenting. in commemoration of the fact that this month and october, it is mental health appreciation month. i know this week we have been celebrating our san francisco giants, but we also wanted to take a m

. >> and commissioner avery. >> here. >> commissioner sugaya. >> here. >> first up is items for continuous and item one at harve street and proposed for continuous until december 13, 2012. further under the consent calendar item six at 2895 san browny avenue request for conditional use authorization. this project sponsor has requested a continuous to december 6. >> is there any public comment on these two items? >> do you want to talk about item 11? >> six? >> 11. >> yes. >> under the calendar with consultation with the city attorney's office this item needs to be continued to november 29. >> could you repeat that item, that last item please? >> absolutely. commissioners, under your regular calendar item 11 the amendments to administrative code chapter 31 to clarify certain procedures provided in that specifically ceqa is proposed for continuous after consultation with the city attorney's office. >> is there any public comment on the three items that are proposed for continuance? >> regarding of course lack of public notification in a timely manner. it is wrong with state law with regard o

story per se. >> avery, good to talk to you. avery shenfeld. be sure to keep it locked into cnbc for all your election day coverage tomorrow. we kick it off at 5:00 p.m. >>> apple posting better than expected sales of the ipad mini. our guy adami gave a little trade school on when to buy apple stock. take a listen. >> well, i would use sort of 610 as a pivot. 610 i think a close above 610, it breaks out again towards the upside. >> all right. the stock popped today, closed above the 575 level. what do you do now? >> the low on friday was 575.75. it doesn't really matter what you think of the company, although i'm sure people will disagree with that. the levels matter. against 575, you have a very well defined stock and placed on the downside. the risk rewards at 585, wherever we close too is extraordinarily good for a long-side trade. i will mention dan had this spot-on and tim on september 7th when apple was 680ish was also very cautious on the stock. i think we have done a decent job navigating i think in the first time in a long time it sets

ask just wanted to thank several of you for attending the board hearing on tuesday in honor of linda avery herbert. it was a resolution that was passed -- that was proposed by supervisor olague to honor linda for her 32 years of service and named tuesday as linda avery-herbert day in the city. several staff attended as well and i think it was an appropriate honor for linda for all of her service to the city. so, thank you all for attending. that concludes my report. thank you. >> which will place us under item 6, review of past week's events at the board of supervisors, board of appeals, and historic preservation commission. >> good afternoon, commissioners. i'm here to give you your weekly report of the board of supervisors activities. ann murry rodgers, planning department staff. at the land use committee there was one ordinance i'd like to report about and one hearing. the first was the ordinance amending the administrative code to -- for port prepayment of jobs housing [speaker not understood]. this ordinance would encourage the development of affordable housing on port properties. the

i think in terms of additional information following up on commissioner hillis' request avery -- thank you for that but i think the second part of what i was implying in my email was a comparison of the three -- the two previous attempts and this one, which was mentioned by commissioner moore so that would be the aleato pier and 2006 was the other one and see the provisions and compare the differences between the three. >> i thought that was what the comparison table did and had each ordinance. >> that's not what mine says. my says "what exists now and the various provisions". >> it sounds like you're missing a couple of pages. i will make sure you and the public has access to all three ages and i have a proposal comparing to the 2006 and 10 proposal so i will make sure that is available. >> okay. and i think also there have been -- i received correspondence as commissioner moore and others i am sure have at that point. some of them are specifically mentions certain kinds of ceqa provisions and where the ordinance appears not to follow state law, so i would like some analysis of that i

it depends on what economic model you go after. >> van avery is standing behind the mayor's call. president and ceo of the policy driven business advocate bay area council economic institute. >> if you expedite things and few big projects looming out there that might move forward in six months, yeah, i wouldn't say you couldn't hit that. >> i have received comments of all kinds from developers when asked about building in san jose. some say the city staff has been incredible responsive to their permitting needs and really trying to get activity. others say closing a deal in six months would be wonderful in theory but that will never happen. others applaud the effort and say that financing is a major hurdle to development. i guess the bottom line is the city is doing all it can to try to drive development and it will bring in new businesses, job creations and number one goal, they will do that. the question of course is that time line. if they don't hit that $1 billion by six months, that's okay, but i don't think they are going to do it. >> thank you, sam, very interesting. let's

it's avery violent offense. >> he's been held on $150,000 bail. it's expected he'll be arraigned this coming monday afternoon.Ñut >> another law enforcement officer is in custody tonight police are looking for his wife. the former police commander and his wife are charged with stealing $750,000 from an 8 to-year-old resident. investigators say say he used police position to gain trust of the victim. >> now to a bizarre case. a man arrph at oakland international airport claims it was just an art project. the 49-year-old was arrested after he was spotted with an item resembling an ied. inspectors found a watch looking like a bomb as he began to go through security. >> the watch had on it a toggle switch. a series of fuses and wires pro truding from it. >> no explosives were found. police say he was wearing boots that had been altered. there were layors of insoles. he was arrested for possession of materials. >> we have unemployment rate dipped last month, down just one tenth of a point from september but part of a decline, 45,800 people hired in oc

luck looking for donny avery, 18-26, 227 yards. because rg3 plays in washington dy, he got a lot of -- dy, he got the early notice, but luck is good! colds win their fourth straight. the jacksonville fans do the bag over their heads. jacksonville is 1-8. >>> 103 plays, this poll is getting a lot of attention. they voted ryan the jets coach the most overrated, and now these 103 players say nobody is dirty like that, nobody kicks other players when they're down. suh, no, he's really good. so the coaches will say don't ever do it again, until he does it again. but he's so good you can't get rid of him. >>> no quarterback in bay history, montana and young, ever put up the numbers of sabre cat mark grebe who retired today from arena football at the age of 38. 48,000 yards. 39 hundred completion s. ,900 completions. threw for 922 touchdowns! playing indoor football, yeah, you're not going to get nearly the attention you get from playing in the nfl! but he found something that he liked to do, he's a family-man, didn't want to go to camp a

our legal guys, avery and richard, what do you think, guys? >> well, look, you couldn't hire screen writers for this, is this your stand your ground. >> susan, we have seen crazy results in california. there is a rebuttable presumption, one shoot, two, this case could go to the jury. [ male announcer ] break the grip of aches or arthritis pain with odor free aspercreme. powerful medicine relieves pain fast, with no odor. so all you notice is relief. aspercreme. rebuttable presumpti . >>> in california, a 90-year-old man retaliated after he was shot in the face after a burglary, now get this, they are suing him after he returned fire. richard herman and new york criminal defense attorney law professor joins us from las vegas, richard, i'll start with you on this. what do you say to this? it is unbelievable. >> it is unbelievable, for 200, $300, anybody can file a lawsuit. and we see it every year, unbelievable cases, ninety-year-old man has his house broken into, gets tied up. the burglar is stealing in front of him, he breaks free, there is a

avery, you're seeing right through this one. >> well, look, the nudists are putting their money where their pants are. but strutting your stuff in san francisco, protected under the first amendment? we have the answers for you coming up. >>> so richard, is this a case of freedom of expression? >> freedom of expression, right, they let it all hang out in san francisco, for many, many years, fred. but now they're stopping it, and a lot of people are not happy, they want to flaunt it. >> big changes away, just 90 seconds away. you can share all the photos you want, with just the people you want. it's as easy as pie. mmmm..pie. or that printing in color had to cost a fortune. nobody said an all-in-one had to be bulky. or that you had to print from your desk. at least, nobody said it to us. introducing the business smart inkjet all-in-one series from brother. easy to use. it's the ultimate combination of speed, small size, and low-cost printing. >>> nudists in san francisco are just fine stripping down and baring it all, any time, any place. well, now a proposed ban would require them to k

avery's last day, and has been with the planning commission for 22 years. when commissioner fung was on the planning commission in the 90's. he must remember her well. and for the last years she's served as the executive secretary, and been doing double duty in the last years. we will miss her greatly, she's been a calming presence on the planning commission. and we wish her the best and taking over for her in the interim period is from the board of ape -- appeals. >> can you repeat? >> jonas (inaudible) will be the acting secretary. >> item 3, the consideration and possible adoption of the board minutes for the meeting of october 17, 2012. >> so moved. >> we have a motion to approve the minutes. any public comment on the minutes? seeing none. call the roll please. >> on that motion from commissioner lazarus, to adopt the october 17th minutes. fung. >> aye. >> commissioner hurtado. >> aye. >> thank you, the vote is 3-0. minutes adopted. >> calling item 4-a, the board received a letter from mark gruberg, agent for the taxi members, and asking for the subject

don avery, great grab. a gain of 44 yards. that sets up fourth and goal from the 1. luck, again. the q.b. sneak. that's a touchdown, his second of the game. colts go on to win, 27-10. jags' coach, mike mamularkey, throwing his headset. >>> college football, a thriller between florida state and v.a. tech. seminoles on the move. e.j. manual, for the touchdown. just needed a field goal. but instead, a big touchdown. now, v.a. tech with a chance, until logan thomas is picked off. seminoles with the road win and remain in the bcs bowl hunt. v.a. tech has to win its final two games of the regular season to avoid missing a bowl game for the first time in 20 seasons. >> thanks a lot for that report. >>> and with veterans day almost upon us now, college sports is going all-out to support the veterans and the military in general. >> one way that's happening is tonight on the flight deck of the carrier. they have a doubleheader on top. you're going to see the women of notre dame take on ohio state. then, the buckeyes men's team facing marquette. a nice way to honor our veterans. >>> coming

. >> and commissioner avery. >> here. >> commissioner sugaya. >> here. >> first up is items for continuous and item one at harve street and proposed for continuous until december 13, 2012. further under the consent calendar item six at 2895 san browny avenue request for conditional use authorization. this project sponsor has requested a continuous to december 6. >> is there any public comment on >> we

. >> commissioner avery with commissioner with you. >> commissioner. >> aye. >> that passes. all things under the consent calendar are routine by the commission and will be acted upon one roll call vote by the commission. there is no discussion unless the staff or public requests and in that case will be removed from the consent calendar and considered at a future hearing. case dolores terrace and request for condominium conversion. case 343 frederick street and request for condominium conversion. 1830 taraval street and request for continued authorization and 2001 pol ecstreet request for conditional use authorization. item six was continued to december 6. i have no speaker cards. >> is there any public comment on the items on the consent calendar? seeing none commissioner antonini. >> move to approve the consent items before us which are items two, three, four, and five. >> second. >> on that motion commissioner antonini. >> aye. >> commissioner borden. >> aye. >> commissioner moore. >> aye. >> commissioner sugaya. >> aye. >> commissioner with you wu. >> aye. >> commissione

. >> commissioner avery with commissioner with you. >> commissioner. >> aye. >> that passes. all things under the consent calendar are routine by the commission and will be acted upon one roll call vote by the commission. there is no discussion unless the staff or public requests and in that case will be removed from the consent calendar and considered at a future hearing. case dolores terrace and request for condominium conversion. case 343 frederick street and request for >> san francisco is home to some of the most innovative companies of the 21st century. this pioneering and forward looking spirit is alive in san francisco government as well. the new headquarters of the san francisco public utilities commission at a5 25 golden gate avenue is more than just a 13-story building and office ablation. instead, city leaders, departments and project managers join forces with local architectural firms ked to build one of the greatest office buildings in america. that's more than a building. that's a living system. ♪ ♪ when san francisco first bought this land in 1999, it was

luck showing the arm a few minutes later, hitting donny avery for 44 yards. that set up another red zone opportunity for the colts. on fourth and 1 along the goal line, luck keeps it himself. he's a big man. gets some help from his offensive line. jags thought they stopped them. the refs say touchdown. officials refuse to review the play upstairs. jacksonville head coach is livid, throwing the clipboard on the field, drawing an unsportsmanlike conduct penalty. luck goes for 227 yards and ran for two scores. the colts won their fourth game in a row beating the jags 27-10. indianapolis, 6-3. nobody saw that coming. >>> coming up at the top of the hour on "morning joe," john boehner says he's ready to be led. will the president reach out today, or is this all just honeymoon talk before we go back to business as usual in washington? we'll knock all that around with our "morning joe" crew. >>> when we come back here, i'll be totally honest with you, i have no idea what's going to happen. i'm told we have a couple mystery guests on the phone. just hope it's not my

reginald avery's tenure comes to an end. mortimer neufville will r start his duties in january. >> the fourth anniversary was celebrated with an event. i was the master of ceremonies for the evening. >> now insta-weather plus and traffic pulse 11 together. >> good morning. sarah caldwell checking on your morning commute. let's fill you in on what is going on. heavy delays on southbound 795, 24 miles per hour. there is an accident reported in that area. there could be some lanes closed. northbound 95 in the right tube, delays are forming. we have closures on charles street over toward 21st. all's road was shut down at 7:00 a.m. for debris removal -- falls road will shut down at 7:00 a.m. some delays southbound down towards 32 on 295. that is the latest on traffic pulse 11. ava marie joins us live again this morning from the greenspring racquet club. >> they are having a big fundraiser this weekend and it doesn't benefit the tennis foundation. that is for all the young children growing up and learned how to play tennis. they w