5. Grievance Procedure
165. Fraguli, who is in charge of the grievance procedure operated by MOD, never received any complaints from Kirola or any testifying class member or parent of a class member. RT 1866:11-14, RT 1870:14-1871:9. She was surprised to have not received any complaints from Kirola, whom she knows socially, or O'Neill, who had previously worked at MOD. RT 1870:14-22.
166. Though Kirola did not utilize the City's grievance procedure, she did contact her district supervisor in July 2006 to complain about the lack of curb ramps at the corner of Hayes and Fillmore. In April 2008, the City installed the curb ramps per Kirola's request. RT 1383:19-1884:8, 1391:18-1392:2. The City also installed curb ramps at all the locations alleged in the pleadings. RT 1392:3-16. Kirola did not make any other formal access complaints to the City prior to the filing of this lawsuit.
167. In 2006 or 2007, Monasterio ran into her then supervisor, Tom Ammiano, at the video store and complained to him about having "curb cuts" installed along Cortland Avenue. RT 1228:18-1229:9. In response, DPW consulted with Monasterio to understand her daughter's needs. RT 2001:8-2002:5. The City constructed all curb ramps requested by Monasterio within a year after the requests were made. RT 2419:13-2420:4; 2001:8-2002:5; 1228:18-1229:6.10
168. O'Neil testified about three curb requests. First, O'Neil claims that in 1991 she left a message with DPW regarding the curb ramps at Fillmore Street ("Fillmore") and Beach Street ("Beach"), and thereafter followed up many times, without success. RT 568:6-11, 569:1-572:11. A curb ramp at that location was installed in April 2011, based on the request of a person other than O'Neil. RT 2423:15-2424:5, 573:22-574:1.
169. Second, she called DPW to complain about a curb ramp at the corner of Van Ness Avenue ("Van Ness") and Olive Street ("Olive"). RT 589:2-18. She indicated that she made the complaint sometime between 2006 and 2009, and that the curb ramp was fixed in about one year. RT 571:7-8, 589:6-7, 589:21-590:4.
170. Third, O'Neil claims that on March 17, 2011, she submitted a complaint regarding steep curb ramps at the corner of Van Ness and Hickory Street ("Hickory"), a location where the City had received a prior curb ramp request. RT 578:4-24, 2420:18-2421:2. Initially, the City determined that curb ramps could not be constructed at this location because of a sub-sidewalk basement. RT 2005:2-2006:4; 2421:3-8. The City later identified a significantly more expensive design "bulb-out" solution that extends the sidewalk out into the street, thereby avoiding the sub-sidewalk basement. RT 2006:5-18; 2421:9-22, 2421:20-25. At the time of trial, curb ramps for this location were in the design phase. RT 2006:19-25; 2422:1-6. Approximately twenty new bi-directional curb ramps have been installed in O'Neil's neighborhood, some at her request. RT 594:15-18.
10. Based on a declaration she filed in this action, Monasterio apparently made other requests, which the City has prioritized for construction the next fiscal year following trial. RT 2420:5-2420:17.
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