>> welcome back to the board of supervisors meeting. we have two special orders from 3:00. i would ask that we take the first of these in case there any discussions that need to happen during the course of the other 3:00 special order. if i to them by up a representative, and if you could identify yourself for the record.

>> item 44 is the public hearing for the resolution of the assessment costs, for sidewalks and curbs repairs. >> if we could have the representative? >> i am with the department of public works. this report is for -- for properties with repairs made by the city and to the inspection and repair program through april 2011. during this time, the department inspected the sidewalks for diamond heights, in richmond, and the non held districts. -- knob hill districts.

there were 1219 prepared notifications for the city agencies, and the city prepared 849 properties at a cost of $521,340. $576 for notifications to the private utility companies for a total of $1,097,938. of these notices, there were 639 invoices for the property owners, with 576 property

owners paying, and the balance of the property owner with a sidewalk repairs based on the property-tax in a timely manner. in this report, we will be submitting 63 properties with outstanding invoices, to be placed as an assessment on the property tax. >> and are there any questions? thank you for your presentation. and are there any members of the public who wish to speak on these items? if you could please come up. every member of the public shall have three minutes to identify yourself, what the property is that you represent.

>> i am the owner of the vacant lot and i thank you for giving me the opportunity to be here once more. i am not here to disclaim the charges by the department of public works. i am sorry to say this. this is just my expression of frustration. i did this -- and i met with the inspector, right away when this was fixed. and i explained to her the situation that the property location is a vacant lot, and i

have plans to build a single- family residence unit. and i was just putting together the house according to the building code, and many other things like the land survey and the application their, and this process is the longest feature. and i would like for this to be accepted for review. the department of public works did not give me the chance with a compromise for some kind of arrangement. and there was no consideration at all. i strongly feel that the invoicing is a financial burden. and when all the utilities on

the ground, i will be required to rebuild the sidewalk. and to install a new sidewalk. all of this, with 13 square feet that will be drilled again. i was given a chance to voice this, and for you to give this to me. this is, this is one of the ways, contrary to what i have paid to the department of public works. this is the invoice from the department of public works.

this is charged -- may i finish? >> you have an opportunity to speak in a few moments. >> good afternoon, i represent the property at the nasa avenue. -- at vanessa avenue. everything else was with a previous owner at the previous address. we are sending out the correct invoice. we did not know about these problems. we did not have a chance to respond. the first time we heard this was

a notice for today's hearing. >> and are there any other members of the public? can you step up to the center aisle? and if there are other members of the public, please step up. >> i live on 17th avenue, and i had a first notice about the repairs. i had -- he said that we had informed about this. they did not ask me any permission about this, and i

called him, he said that they would open this for you, and i was not agreed to this. this is to war 12 inches. >> -- two or 12 inches. >> next on the assesment costs. >> it is important to realize how important that the sidewalks are for people. there is no easy access to fixing this. it is important that we have the accountability. instead of having these complaints -- they complain

about whatever department or city employment or employee, that they are doing their job correctly. it does not matter if you are not disabled. but if you are this could be the difference in living as a refugee in your country, or as you should be able to be. we should have life, liberty, and pursuit of happiness. use the electronic systems. with an easy and accessible accounting of what needs to be done, who is supposed to do this and get the job done. >> and are there any other members of the public who wish

to speak about the assessment costs? let me ask you about this. and let me ask the members of the public -- even have a conversation and you can come back at the end. and you can come back to report back and we will proceed from there. us as anything you want to say right now. we will continue this item until later on in the hearing. and at this time, can you please call the item 42-43, related to lombard street. >> this is a public hearing to

consider item 43, the resolution authorizing the use of real property for purposes consistent with the joe dimaggio played crown master project. >> thank you colleagues and ladies and gentleman. we have a hearing of the resolution of necessity. this would clarify that the stated purpose of the site for the development and maintenance of the space is consistent with the uses contemplated in the joe dimaggio playground. we have the revenue it position of the park, and an expanded library within the same larger spark -- larger part. and this would ensure the adequate notice was required. as far as the hearing will go today, we have a representative from parks and recreation as well as from our library will make short introductory remarks.

the city attorney is also available if you have any questions before or after hearing this item. we would hear from the former property owners -- and they will have 10 minutes to address the board with this item. mr. flynn has requested the right to speak. let me ask if they are present. if you could step up. here is how the hearing will go again. we'll start with introductory remarks, and in the former owner will have 10 minutes to address the board. if both of you are present, you can use this time as you see fit. after the presentation the public will have two minutes to address the board on any prospective that you have on this matter, and it will be

submitted to the board for consideration. let's start with the representatives from parks and recreation. >> i am the supervisor for parks and recreation. in 2004 we approved acquiring the open space. at the time, the master planning process had not begun. we're not ultimately know how the site would be considered. as a result, the original resolution could not specify how the layout would fit into the final configurations. after a robust community planning process, the northeast library plan was created.

this began in april -- with the hearing. the plan results in significant expansion of public space, reconfiguring the elements -- elements of the park, and the boundaries of the joe dimaggio playground include the lombard site and the portion of the street that has been vacated. residents of the northeast will get 12,000 square feet of new open space. this is an area identified in the open space plan. the parks open space is increased by 20%, for an expanded children's play area,

which adds new features like games and technique tables, and provides additional landscaping and seating. there is not a lot of landscaping, currently. the new park layout strengthens activity functionally, with the tennis courts and the children's play area. and the entire park is unified with the circulation and accessibility. the project will improve and expand the library that has long coexisted with the park facilities. these projects were designed to gather to optimize the experience of park users and library users. this will be used to develop open space and we are very excited about this important

project with a library and we hope that we will have your support today. >> we will hear from a representative from the library. >> that afternoon. i am here on behalf of public works with the library improvement program. in 2004, we spoke on the original resolution of necessity. the least that adding this to the playground could benefit the parks and the library expansion on both projects. since this time, the library and parks and recreation department have worked together on the locations and footprints of the new library in relation to the parks to benefit both facilities. beginning in spring 2008 we had numerous public meetings for

both commissions to engage the community in every step of the design and the master planning process. this results in a safe and expanded library with compliance of the latest seismic safety codes. this will be a welcoming building that will be built with more space for books and other materials and more computers. and meeting space for the north beach community the overall result of the master plan process is a safe and unified civic space, a gathering place for the residents of north beach, including open space and a brand new library. this is an example of the city working effectively with all of the important checks and balances for the good of the community.

the north beach library is the last of 24 branches to be renovated to the improvement program. with the expanded playground -- this would be wonderful aspect for the community. thank you for your consideration. >> unless there are any questions for the city staff, we should proceed to hear from the former owners of this site. we would ask you to please step up and you will have 10 minutes to make a presentation. >> good afternoon, supervisors and people watching at home. i am the rightful owner and in spite of what you have just heard, the project is an example

of the worst of san francisco, the worst excesses of government and the power of eminent domain. i don't think any of you were there when we went back to the history of what took place. we spend 10 years with a plan for a small residential project. there were countless public hearings and hoops to jump through, and the need for open space was mentioned not one time. the overwhelming need for the open space on this particular postage stamp -- postage stamp sized parcel happened after we had the improvement of the planning commission at the project. this was initiated by one supervisor who went through all the back channels.

and there was no public hearing before this process. there was no public outcry for a public hearing. his wife was the chief of the project and made an unreasonable demand a few days before the hearing and said if you don't take this down by 33% we will stop your project. within two weeks, there was a private meeting with parks and recreation to set in motion eminent domain process. eminent domain is one of the few powers in this democracy which is given to government to violate the primary constitutional and civil rights of americans. without such an overwhelming exceptional necessity that cannot be solved, the government

cannot take your property. in this case, it was said that open space was the only need for this space. we give evidence that it was not the intent of the city to keep this as open space. but with the separation of powers, the judiciary cannot challenge your findings -- findings here. as though this is the court of law. you have heard evidence in another are no rules of evidence. we spent a long time battling this case, 6-5, and the sixth vote came from an appointee, after the mayor left the board. we wind and fought as hard as we could.

we did this in excess of those fees. tad a great deal of irony to this process, we have those with the other members, and we said we would like to work with you with the ground floor and the upper floor. we have this with the record and e-mail's. i think that the record shows that for most of the serious libraries in north beach, they reuse the existing libraries by extending into the lower floor, which was designed for expansion in previous years.

i do not expect this to go or returned to do the right things. after hearing this notice, we are trying to repair this faulty process. and we have a new public use, and you may say that this is the public space in the public use and we will use this for a library. this is not the perception of individual rights. we can go with the eminent domain hearing, and we will inhabit this fall on the board. and we will rest assured that the process is being respected.

this is really a disgrace. we have even more public funds being spent on the new library. this continues to be abused. this neighborhood was completely destroyed by the redevelopment agency. very much in the same way. we would use the property in the proper way. there were no checks or balances. the power of the eminent domain was utilized to keep the space

open. and now, this has put a much larger building in the form of a library on the side. i would call upon the members of the board to support the eminent domain reform, to put checks and balances into this process. and any approval rights i may have. and at the time, to show you how perfect this process was, at the time they had voted on this, with the parks and recreation bond fund, both the parks and recreation commission with the open space advisory committee had voted against this.

the superseded this and only later did the reverse this. i think that is all that i have to say. i think the property should be returned to us. i think that this should be respected for us, not just as citizens or private property owners but for every citizen in the city for the due process and respect for the rights. thank you. >> thank you. >> at this time we have special orders at 3:30. we can come back to this hearing with any member