districts. >> are you dependent on your district by district challenge? does your claim rises and falls solely on this statewide point you make? >> by statewide, we simply mean a common policy applied to every district in the state. and, mr. chief justice, if i may reserve the balance. >> thank you, counsel. mr. schnapper. >> mr. chief justice, and may it please the court, this court's shaw jurisprudence channels the conversation that we're having today. this court has identified two constitutional claims that could be raised with regard to the use of race in districting. one is intentional dilution of minority votes for the purpose of minimizing their effectiveness and the second one is shaw. this is we're advancing a shaw claim. >> you lost on the dilution claim. >> we did. we did. the facts material to the shaw claim are were not in dispute at trial. the question is whether they fall within the concept of predominance in this court's line of decisions. >> did the district court understand you to be asserting a district-specific claim? >> i think it und

districts but in no interpretation does a 76% district have to stay a 76% district when circumstances change and when the ability to elect candidates of one's choice does not require it. >> well, decreasing the proportion of black voters will generally reduce the chance that the minority's groups favored candidate will be elected. and the district court i think that korng was trying to go to go back to, quote f existing opportunities to exercise the franchise are robust a proposed plan that leaves those voters with merely a reasonable or fair chance of elects a candidate of choice may constitute retrogretion. only 55% black district would only give those voters a reasonable opportunity to elect. >> suppose -- i don't know, i want to know what you think about the practicalities of sending this back. assume in the back of my mind relying on state policy is this -- a state legislature gets up and says n our state there's a history of discrimination against black people, there are fairly fu black representatives in this body. i would like to find a way of drawing district lines so that we

and we demonstrated in a number of districts and a number of house districts. >> do you think your district by district counts, your claim relyings ole -- >> by state wide, we simply mean a common policy applied to every district in the state. >> thank you, counsel. >> this court's show on jurisprudence chachbls the conversation that we're having today, this court has identified two constitutional claims that could be raised with regard to use of race and districting. one is intentional delusion of minority votes for the purpose of minimizing their effectiveness and the second one is shaw. we're venting the shaw plan. >> you lost on the delusion plan. >> we did. >> the facts material to the sharp claim were not at dispute at trial. the question is whether they fall within the concept of predominance in this court's line of decision. >> did the district court understand you to be asserting a district specific claims? >> i think it understood us to be challenging each of the districts. >> where do you find that in the opinion of the district court? i thought the district court interpreted you

, chinatown mixed use districts, and broadway and north beach ncds consistent with nct districts; make surface parking lots a non-conforming use in downtown commercial districts; modify conformity requirements in various use districts; modify streetscape requirements, public open space requirements, floor-area ratio calculations, and transportation management requirements for various uses in certain districts; permit certain exceptions from exposure and open space requirements for historic buildings; remove references to deleted sections of the code; amend zoning map sheet su01 to consolidate the two washington-broadway suds and revise the boundaries; and making environmental findings, section 302, findings, and findings of consistency with the general plan, and the priority policies of planning code, section 101.1 city clerk: sf 91234 >> colleagues, same house same call. this is passed in the first reading. next item. city clerk: agenda10.140844[planning code - formula retail and large-scale retail controls]sponsor: marordinance amending the planning code to amend the definition of fo

on our standardized assessment with the disabled we achieve more than most districts we're asking the district to look at individualized i p goals in having our children with you ps be successful at those schools at what rate are we achieving those are goals are we celebrating what we're doing are we making the achievement oaks we expect to make with the students with the disabilities on their individual goals we're hoping there is a way to successes we all right. have and create new successes in those areas under the section of equitable assess we ask for the access and anecdotally we had our meeting for my son and had our contents specialist and inclusion teachers and about 3 laptops an overhead laptop and the case manager taking newport's notes on with an laptop and space live is the i e p that is the tool that allows us to write i p throughout the district we were making changes why? because in previous years we've gone back and forth for weeks to get the documents correct before the new services what about signed off we've been able to print things with this technology it i wish

as you know, this item was brought to us actually by the school district. and the city has experienced a tremendous amount of residential growth and a topic of discussion, here in the city and throughout the residential neighborhood and what has specifically come forward though, is actually some positive news, which is that our school district enrollment continues to grow as it has over the last couple of years and now what we are starting to feel the impact of is that we may be reaching and we may be receiving some limitations within our own school district capacity due to the tremendous growth here in the city and so this hearing was put forward and requested actually by president fewerer to understand how residential growth and our over all planning process will impact the schools now and in the future, historically the school district has not been a part of the larger city planning discussion and this is intent to start the discussion between the planning department and sfusd about this residential growth and today we have gill telly who is here to pres

all students in the classroom and further co-teaching in classrooms has been happening around the district we believe that this can be more fiscal if there are set aside times for teachers to get together and plan their curriculum so when they come into a classroom together they know what they're doing and the children benefit currently, the elementary school level we have 60 minutes of planning at the time set aside barrel enough time we are asking to set aside time for the teachers to get together to make a meaningful realty for our students we be building that we need teachers with reading certificates in every school in the district we have seen an increase in the literacy specialists in schools people dedicated to help children achieve reading we know that students with disabilities are a majority of the students struggling not only the learning disabled but effects many students with disabled and some not on record the reading certificates are they create specialists in teachers who know how to provide accurate intervention that having could supporter our students with the reading ac

>> i think that the sunset district typically has a little bit more pricing than some other districtsere are always pedestrian safety issues we have to watch out for. our district has boulevard, we have sunset boulevard. we were also have 19th avenue and great highway. and, so, those are actually state highways that -- except for sunset boulevard, but the three are state highways that run through our district. and, so, when you have that, we have seen some fatalities along some of those corridors and, so, we work very closely with the state agency, our local agencies to see what sort of pedestrian improvements can be made to help make it more safe for feev l. so, for example, maybe it means that we install more pedestrian countdown signals or install sidewalk build outs so that we can shorten the distance for pedestrians to cross the streets. or lowering of speed limits. so, all of those things we try to look at comprehensively throughout the district to people can travel safely whether you're a pedestrian, cyclist or driver. >> speaking of safety, what are your thoughts on how the ci

district.s there a violation when the party does that just a few delete that the motives simply help the partisan balance >> if they do not use the classifications -- >> with the minorities back into the districts this was taken out ten years before. >> that the precedents that are drawn are the line between the partisan motivations in the district -- >> in the hypotheticals that is partisan. in either case is very violation >> if they don't use race, then there is no problem. >> but they do use the race but it is partisan. it is case number one they find the minority voters and put them into the minority opportunity districts on the packing very heavily minority populated district. then the next party comes in and simply undoes it and uses the same populace. are you going to tell me is that your it your position that it may be in the first case permitted into the second case it isn't? >> is can't be used unjustifiably in either case and the three-judge court -- >> is it justified in the case o

districts. but they never challenged specific districts below. and i think to answer justice alito's question, to my friends on the other side, i think you should look at document 194 which is the black caucus' posttrial brief. and although they certainly mention an occasional specific district, they didn't have any evidence. i guess this goes back to justice kagan's question. this is a circumstantial case because the only evidence 16 >> considerable evidence on the senate district 26. >> senate district 26 was challenged by the alabama democratic conference, which has now not brought a shaw claim with respect to district 26. and because they specifically challenged that district, you actually have, like i said, a credibility determination by the district court about the testimony with respect to that specific district. >> let me ask you about this section 5 mistake. isn't it so that both the district court and alabama were laboring under the impression that retrogression meant you have to keep

our district branding, planning to end homelessness, planning to make the district prepared for emergencies and improving transportation. and that's the end of my presentation. >> supervisors, we're here to answer any questions you may have regarding this matter. thank you. >> i just want to make a comment and thank both of you and all the work we have done together for fisherman's wharf. we have come a long way in recent years and i know mr. campbell has been in his job for only a short time, but it is good to work with community benefits district and city staff that has been working very well and a good example of what we need to do. >> okay, thank you. we're going to open this up to public comment. are there any members of the public who would like to speak at this time, please come forward, you will have two minutes. >> (inaudible) it's politics, religion, and unity and what we have enforced upon philosophy. sciences, engineering (inaudible) we all aim at the realization of a dream of better position salary (inaudible) with little talent, booking talent, talent beauty, all have an easie

webb and deborah our chairs and many of the people in the district are working towards the resolution so thank you for approving that this evening whereas the inclusive schools network schools around the word have dedicated the week as school week with the inclusive education one community and whereas the santa fe san francisco unified school district is commit to providing an education for schools and classrooms that are welcoming and capable of educating outline children and whereas the educators of san francisco recognition that each child is unique and learns delve and worked better in the teaching is stlald to their interests whereas the families of sfusd have been working to insure your classrooms are inclusive and high professionalism whereas by their efforts to make our schools and classrooms inclusive the educators and families of step forward have contributed significantly to building stronger and more inclusive community and whereas educators and teachers deserve to celebrate and might further improve so we're asking you for the resolution thereby be it resolved by the boar

thank you for hosting us in your district. we look forward to another ten several years down the road. we're celebrating our ten-year anniversary with the [speaker not understood] february 7. [speaker not understood] and we are as you all mention building on that legacy standing on the shoulders of the giants that come before us for housing rights, immigrant rights, workers rights. and we're just honored to be part of this community and building a stronger san francisco. so, thank you. (applause) >> thank you, supervisor avalos. going from district 11 down to -- >> i still have one other to do. thank you. i apologize for not sharing that information with you earlier. so, i also want to recognize a great program that has its roots in district 11. it has previously made its home in the filipino community center, but has grown to be at every level a public education in san francisco. pep. so, [speaker not understood] education partnership program what established in 2001 to respond to the social, academic and emotional challenges

my husband is a high school teacher in the district. so we have two teachers' salary, one-two-year-old and one baby on the way. as someone born and raised in the city from middle-class roots i if any it's a city for all people to live, no matter what bus you ride to work. i entered this profession knowing it was not one of great financial excess. however, there was always an expectation it would be a viable long-term career in sf. for me, i am lucky enough that it probably will be. for new teachers i cannot be so certain. please do what you can to help make teaching a profession in sf and be the trail blazers. thank you. >> next speaker, please. >> good evening, commissioners and superintendent. my name is patrick hennesey and i had 11 wonderful years in your district, nine years as an educator or nine years as a teacher and the last two great years i have been supporting new teachers as a new teacher support provider. so far in my time i can say one thing for certain about teaching, it is is far from easy. it's a very difficult job. it

the district supervisors, this is in district 3, supervisor chu's district and he is supportive of this application. why don't we hear now from our police department. >> good morning, supervisors, roberto duarte with the liaison unit. this is in records to 533 sutter street, the shelton theater. matt shelton has filed an application seeking a type 64 license for thee terse. this particular application will take over the kurblt application which is a type 42 for which the board passed a resolution back on september 22, 2009. the change in the type will allow the shelton theater to serve distilled spirits aside from beer and wine and none of the conditions originally placed back in 2009 will change. it should be noted that during the application process there was a notification of 500 foot mailer was done on august 20, 2014 and there was also a notice posted on august 14, 2014 and for the purpose of this hearing the california department of alcoholic bef rage control seeks notification by the board of supervisors as to this license. police reports zero was port of posted for 533 shelton s

and the way that you serve actually the students in your districts. i just want to say thank you very much on behalf of the board of education. >> president fuer, i think supervisor yee wanted to say something. >> yes, supervisor yee. >> as i was saying, your comments really are refreshing to me to have somebody come here to talk about kids like this. >> i agree. >> thank you. yes, and supervisor yee, you were working really hard to get your daughter a really good raise. >> by the way, i think that labor organizing and working with workers, supporting workers, is in the fuer blood because if anyone had seen president fuer's daughter in action they will see you are not going to find a stronger champion for workers. >> thank you, supervisor campos, yes, i am reminded quite frequently that we are fortunate in this country that organized labor sets a standard for a living wage. and i never forget that. thank you very much. >> thank you. supervisor mar, should we open it to -- actually i see the deputy superintendent, young lee, superintendent, do you want

>> i know that our district has a higher proportion of seniors than some other district, and there is a brand new senior complex and wraparound community services complex called the institution on aging bridge housing complex, but it is going to concentrate a lot of the senior services and nonprofits. about 180 units of affordable senior housing in our district. i am actually a baby boomer, at the edge of the baby boomer, and i know that baby boomer era. there's this huge boom in a population of seniors in our city that will grow. i think by 2020, 60% of the population will be seniors, and i think some people are now defining 60 and over, but i think generally, people looking at 65 and over. that is a huge population. i'm trying to look at issues of senior nutrition programs, alzheimer's research, but even housing policies that allow our buildings to become more senior- friendly. i guess we are calling it developing an aging-friendly city. we are also looking at how to support senior services and unique neighborhood by neighborhood programs called aging in place or village models that

district. then the next party comes in and simply undoes it. and it uses the same calculus, race. >> your honor -- >> you going to tell me, is it your position, i think it may be your position, that in the first case it's permitted and in the second case it isn't? >> no, your honor. our position is race can't be used excessively or unjustifiably in either case. >> was it unjustified in case a when they were trying to have more minority opportunity districts? >> if they exceeded their obligations under section two and section five, if they went beyond the limited leeway this court has said they have, if they have the strong basis in evidence that's required, they properly interpret the act, that's the legitimate -- >> they do this for partisan purposes. >> your honor -- >> and i'm asking if party b can then undo it for partisan purposes. because i sense that there's a one-way ratchet here. >> i don't think that's correct, your honor, and i understand the concern. if for partisan purposes a legis