>> 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 of the public wishes to comment with any prospective that you have on this issue will have that opportunity. >> actually, accommodation is being done by myself. if we could aske pedro to come forward. we have a number of residents of this neighborhood who are involved around public safety issues, so let me briefly tell you why we have asked him to be here. some of you may have read about this incident that happened, and the examiner reported about this. recently, an undercover police officer was being attacked by

someone who was not paying their fair. lo and behold, this happened outside of a martial arts academy, where he worked and actually teaches brazilian jujitsu to many of the kids in the neighborhood. not surprising to many of the people, he came to the rescue of this individual who was an undercover police officer, putting the suspect into a chokehold and forcing them into submission. and in the process avoiding tragedy and preventing further injury to the officer and the individual who was involved. a little bit more about him, his co-workers have said in the article that it would not be the

first time he has come to help a friend or a stranger, but that this is the kind of person that he is and he has dedicated his life to teaching this to so many kids in the neighborhood. it is my honor to give you this commendation today and i would thank you for being a hero and believing in and serving other people. i will now turn this over. >> thank you very much. i wanted to take a moment to show our appreciation. we're all committed to making certain that the city remains safe. when we have residence like you, it fills our heart and makes what we do very worthwhile.

and we will continue to partner in the effort and makes certain that the streets are safe. i want to encourage you to remain strong and tell you that you have our support. thank you very much. >> i want task to the residents that are here, if you are here to honor him, you can see that many residents and neighbors are here to give you their thanks as well. if you would like to say a few words -- thank you. i was finished with class, and i felt i was able to control the situation. i did this because he is a human being. and everyone deserves this.

i think the main thing over here is that everyone should respect each other. and everyone should do the right thing for everybody. thank you so much. [applause] >> thank you, and you have a great day. >> i have the honor of making the next presentation for

someone who is a true legend in the san francisco community. if you can please step up to the microphone. >> i would like to thank all the members of the veterans community and those who have served our country, thank you on behalf of the board for everything that you do.

it is my pleasure to recognize commander more, who is one of the last surviving buffalo soldiers. he has honorably served our country during world war two and during the korean war, including service in the philippines and north africa. he dedicated his life to make certain that the contributions of african-american soldiers and the buffalo soldiers to our country, continuing today are never forgotten. among his accomplishments, he is happy to be another part of the city's history, the owner of the first african-american taxi company. in 1948 he wrote about african- americans in the horse cavalry.

we wanted to invite him here today, because very shortly he will be celebrating his 94th birthday and we want to honor you on behalf of the board of supervisors. is there anything that you would like to add? >> thank you for joining us this afternoon. it is a pleasure to stand before you in this great chamber. if it was not for your dedication and your commitment to serving, i may not have been able to be here today to serve. and i would like to thank all the veterans and soldiers for their dedication and commitment to the country. i also have a certificate of honor to present to him. thank you.

>> good afternoon. the great san francisco supervisors. the knowledge and the physical capacity to speak to you, i have lived in this city, one of the greatest cities in america for 60 years. i have never been as honored as i am are today.

i have lived long enough to be here and i will not give you the age. i will let someone else give this to you. you have made my hair rise in my head. therefore, i want to thank you, for inviting me and honoring me. i will never forget. i have tried to do my best and i have lived here over 63 years. not counting the time i was out serving our great nation. i did my best and i am still doing my best. and doing whatever i can to make this one of the great cities in

america and especially on the west coast. i will say this very briefly. i have lived in many cities in this great nation. i came here years ago, and i am is still here. i know that someday i will say goodbye. i am getting up in age but i have tried to do my best, and i will continue to do my best. this is one of the greatest cities i have lived in. my life span has been very long. and i have lived so many years in this great city among these great people.

i have served our nation very well. and i will do so until i leave this world. i was honored when i have the invitation to be here tonight, and this is one of my highest honors. and i will never forget. this has been great. i have tried to do my best. and i hope to live long enough to continue my up till climb to help the youth. we live in a time when they need

this very badly. and for 10 years, -- we have been trying to do this with recorded history, and -- we have a bright young man and young ladies, and i think that they need our help. in my age, with the time i have left, plot -- on this planet, i will try to get them to stay away from the things thatl