B. PUBLIC RIGHT-OF-WAY
32. DPW oversees the City's public right-of-way network, which consists of approximately 2,000 miles of sidewalks, 27,585 street corners, and roughly 7,200 intersections. RT 2391:23-25, 2447:6-18.
33. DPW's Disability Access Coordinator is responsible for monitoring access issues related to the public right-of-way; reviewing publicly-funded construction projects designed by or contracted through DPW; training staff on access issues; and serving as the key DPW contact for individuals who seek information regarding accessibility or who submit access complaints or curb ramps requests. RT 1910:18-1911:16, 2443:25-2444:10.
34. Separate from DPW, the City's Municipal Transportation Agency, provides paratransit services and public transportation as important components of an accessible public right-of-way. RT 1636:4-12. The City operates and subsidizes a paratransit system that offers van and taxi service for persons with disabilities who are unable to use public transportation. RT 1634:18-1635:1, 1635:21-1636:3.
35. The City has enacted procedures and policies setting standards for new construction and alterations, as well as ensuring program access with respect to existing pathways, both of which are discussed below.
1. New Curb Ramp Construction and Alterations
36. The City began installing curb ramps in the 1970s, and created formal design standards for curb ramp construction in the 1980s, prior to the enactment of the ADA. RT 1996:6-1997:6; 2467:21-2468:13; DTX H06 [000959].
37. In 1989, DPW established its Curb Ramp Program and developed priorities for the design and installation of curb ramps based on input from the disabled community. DTX H06 [000959].
38. In 1994, the City revised its curb ramp design standards to provide more detailed specifications. RT 2467:21-2471:20. In particular, new curb ramp standards were developed in order to address conflicting federal and state requirements regarding use of a half-inch curb lip at the point where the ramp meets the street. RT 1994:18-1995:4. At that time, state accessibility standards required a half-inch lip at the base of the curb ramp which could be detected by a visually-impaired person using a cane. Federal law, however, specified flush or smooth transitions. Accordingly, non-federally-funded curb ramps were built with a lip, while federally-funded curb ramps were not. RT 1993:21-1995:22, 1608:13-1609:4; DTX H05. In 2004, the City updated its curb ramp design standards, which eliminated use of the half-inch lip.4
39. In 1995, DPW issued Order No. 169,270, which memorialized the City's plan to install curb ramps in compliance with disability access laws, while recognizing that funding constraints might delay full implementation of this policy. DTX G18. DPW prioritizes curb ramp installation as follows: (1) replace existing curb ramps in poor condition; (2) install curb ramps where none exist; (3) provide for a second curb ramp, where feasible, on corners with a single curb ramp; (4) construct or reconstruct curb ramps in locations with physical or other constraints; and (5) reconstruct curb ramps that are safe but that do not meet the City's construction standards. RT 1951:8-1952:15; DTX G18.
40. In or about May 2004, DPW issued Order No. 175,387, which adopted the City's design standards requiring the use of bi-directional curb ramps (i.e., a ramp aligned in parallel to the cross-walk) or at least one curb ramp per corner. RT 1978:12-1980:1, 1981:16-1990:19; DTX G07, DTX H04 [000002, 000004]. Although bi-directional curb ramps are not required by the ADA, the City installs them to enhance access for disabled individuals. Bi-directional curb ramps are preferred by the disabled community, including Kirola and testifying class members. RT 552:12-553:20, 542:8-543:13, 875:14-876:9, 1005:4-14, 1007:7-16, 1025:9-18, 1384:13-21, 2066:24-2067:22.
41. City Procedure No. 10.6.2 requires that: (1) curb ramps shall be designed in accordance with DPW Order No. 175,387; (2) any deviations must be approved; and (3) curb ramp designers must coordinate with other City departments and third parties. RT 2381:4-2385:4; DTX A41.
42. When installing curb ramps, the City evaluates the entire intersection to ensure accessibility. Curb ramps will be constructed to current standards, if necessary, at all corners of the intersection. RT 2376:6-17. The City's design standards ensure an accessible path of travel in traffic islands, medians, and trackways within the street. RT 1992:11-1993:9; DTX H07.
43. The City has established Quality Assurance ("QA") Checklists for the design and construction of curb ramps and sidewalks to ensure they meet the applicable requirements and established quality standards. RT 2377:24-2380:20; DTX A13 [QA Checklist 5.2 [A-13-000050-52]; RT 2376:18-2377:14; DTX H14.
44. Since 1989, the City has required that when roads are paved and the paving extends into an intersection (including the cross-walk), curb ramps are constructed or reconstructed if they do not meet the City's current curb ramp design standards. RT 2471:22-2472:10; 2473:4-12; 2426:2-2427:4. This practice is memorialized in the DPW's Guidelines for Paving and Accessibility Compliance ("Paving Guidelines"). DTX N23 [000003]; RT 2426:9-2429:16, 2471:22-2481:8.
45. The Paving Guidelines allow the City to defer curb ramp installation in connection with a street paving project for up to twenty-four months when a pre-planned project would demolish the newly constructed curb ramp within that time period. DTX N23 [000003]. If the subsequent project is delayed or discontinued, the curb ramps at issue are to be installed immediately. RT 2428:19-2429:16, 2445:11-15; DTX N23 [000003].
46. The City's Bureau of Sewer and Street Repair ("Bureau") typically repaves City blocks one block at a time, without affecting the crosswalk. In these cases, the Bureau's obligation to install curb ramps is not triggered. RT 2480:4-2481:8. No evidence was presented showing that the City has a policy and/or practice of intentionally avoiding crosswalks in order to evade an obligation to construct curb ramps.
4. The California Building Code previously required a half-inch lip at the base of curb ramps "as a detectable way-finding edge for persons with visual impairment." See, e.g., 2001 Cal. Bldg. Code, § 1127B.5. In 2006, the half-inch lip requirement was removed from the California Building Code. Although some legacy curb ramp lips still exist, the City endeavors to remove them where possible, in accordance with its current Curb Ramp and Sidewalk Transition Plan. RT 1978:12-1980:1, 1981:16-1990:19; DTX H04.
2. Transition Plan
47. The City's first curb ramp transition plan in Fiscal Year ("FY") 1992/1993 estimated 52,000 curb ramps were needed citywide. RT 1950:3-24; DTX H20 [000959]. The City updated its transition plan in 1998 and again in FY 2007/2008. RT 1951:8-1952:15; DTX H20; PTX 22. The FY 2007/2008 amendments, which are at issue in this action, are set forth in the Curb Ramp and Sidewalk Transition Plan. PTX 22.
a) Curb Ramps
48. One of the goals of the Curb Ramp and Sidewalk Transition Plan is "curb ramp saturation"—that is, to construct a curb ramp compliant with its current design standards at the end of every pedestrian crossing or least one curb ramp per corner. This approach often involves installing bi-directional curb ramps at every corner. RT 2390:10-18.
49. The 2008 revisions organized the priorities outlined in DPW Order No. 169,270 into a "priority matrix." DTX A35 [000023]. The priority matrix prioritizes installations/upgrades based on: (1) locations requested by citizens; (2) locations serving government offices and public facilities; (3) locations serving public transportation; (4) locations serving public accommodations, employers, and commercial districts; and (5) warehouse districts and residential areas. RT 1441:11-1442:15, 1617:2-1619:13, 1618:4-1619:13, 1956:6-1958:16, 2416:19-22; DTX A35 [000023].
50. DPW employs a curb ramp grading or evaluation system to prioritize curb ramp repair and replacement. RT 1606:23-1607:22, 1615:10-24. In establishing the curb ramp grading system, the City solicited and incorporated recommendations from the MDC's Physical Access Committee and the City's disabled community to establish the grading system. RT 1607:18-22, 1608:8-1614:12.
51. Under the curb ramp grading system, each existing curb ramp is assigned a "condition score" based on a 100-point scale. RT 1607:2-13. Each curb ramp begins with a 100 point score, from which a specific number of points is then deducted, depending on the type of disability access barrier presented. For example, 5 points are deducted for lips greater than a half-inch; 12 points for a running slope between 8.33 percent and 10 percent; 25 points for a running slope greater than 10 percent; and 13 points for lack of a level bottom landing. RT 1607:23-1608:7, 1611:10-13; PTX 0023.5
52. The City presumes that curb ramps with a score greater than 75 are good and usable; curb ramps with a score of between 70 and 75 are low priorities for replacement; and curb ramps with a score of 69 or below are high priorities for replacement. RT 1615:14-24.
53. The City tracks citizen requests, curb ramp attributes, and curb ramp condition scores through a Curb Ramp Information System ("CRIS") database.
54. The City also uses a geographic information service ("GIS") to map citywide curb ramp locations by grade based on the data contained within the CRIS database. RT 1621:2-25; DTX F11. These maps include public transit stops, civic buildings, health facilities, libraries, police stations, cultural centers, and public schools. RT 1621:2-1622:10; DTX F11.
55. At the time the current Curb Ramp and Sidewalk Transition Plan was drafted, the City had yet to identify every location where a new or upgraded curb ramp was required to achieve curb ramp saturation. RT 2390:19-2391:11. By January 2011, however, the City had surveyed all potential curb ramp locations and uploaded information about each location into the CRIS database. More specifically, the survey confirmed whether there was an existing curb ramp at the location, the condition of any existing curb ramp, and whether the location actually served a pedestrian crossing and thus warranted installation of a curb ramp. RT 2395:22-2396:23.
56. Based on information in its CRIS database, the City has determined that 23,401 curb ramps are needed to meet the City's goal of curb ramp saturation. RT 2410:19-2411:21.
57. Consistent with its Curb Ramp and Sidewalk Transition Plan, the City installs approximately 1,200 new curb ramps each year. RT 2785:17-2787:13, 2789:3-2790:18; PTX 0022 [003798].
58. The Curb Ramp and Sidewalk Transition Plan does not include a specific deadline for achieving curb ramp saturation. RT 2015:16-29, 2413:17-2414:1. However, at the time of trial, the City estimated that it would complete construction of the 23,401 curb ramps by Fiscal Year 2028/2029. RT 2410:19-2414:1. That projection, however, was based on an overestimation of the number of curb ramps needed for curb ramp saturation. RT 2396:19-2397:7, 2401:14-16, 2403:12-2404:9. The City now projects that, taking into account accelerated curb ramp installation, curb ramp saturation can be achieved by Fiscal Year 2026/2027. Dkt. 657, 4:12-13.
59. The determination of the particular curb ramps to be constructed in the upcoming fiscal year is based on available and procured funds. RT 1637:4-1638:6, 2027:10-12. The City prioritizes construction consistent with the priorities set forth in the Curb Ramp and Sidewalk Transition Plan. RT 1958:18-1959:2, 2027:4-19. In the process of prioritizing future curb ramp construction, the City also evaluates the information contained within the CRIS database along with information regarding any planned paving projects and outstanding curb ramp requests. RT 1627:16-1633:24.
60. At the time of trial, the Curb Ramp and Sidewalk Transition Plan did not explicitly include the City's crosswalks. RT 2013:13-22. The City nevertheless has initiated a pilot project pursuant to which City engineers are to evaluate the accessibility of crosswalks when constructing corresponding curb ramps in order to determine whether the crosswalk contains cracks, potholes, or other barriers that adversely impact the crosswalk's accessibility. RT 2430:13-22. The City plans to incorporate the results of the pilot project into its Curb Ramp and Sidewalk Transition Plan. RT 2430:9-2431:19. The City also has developed a crosswalk assessment checklist for use in the pilot study and implementation into the Curb Ramp and Sidewalk Transition Plan. RT 2431:2-3; DTX Z58.
5. The blind and low-vision community expressed concern that the City would eliminate the half-inch lip present on some of the City's curb ramps. As indicated previously, detectable lips provide a means for blind or low-vision individuals to locate the edge of the ramp. Such discussions were factored into the City's decision to deduct only five points for curb ramps with a half-inch lip. RT 1611:10-13. In lieu of a detectable half-inch lip, the City now uses a detectable warning surface (i.e., tiles with "bumps" or tactile domes) on all new curb ramps it constructs. RT 1608:13-1609:4.
b) Sidewalks
61. The Curb Ramp and Sidewalk Transition Plan includes a Sidewalk Inspection and Repair Program ("SIRP"), first implemented in FY 2006/2007, which governs the maintenance of the City's 2,000 miles of sidewalks. RT1974:7-21, 2447:6-18; PTX 22.
62. Under SIRP, the City proactively inspects every city block on a twenty-five year cycle, notifies the responsible parties of any access barriers identified, and ensures the remediation of these barriers. RT 1974:7-21, 2447:12-18; PTX 0022 [18-20]. DPW determined that a twenty-five year inspection cycle is reasonable, given the size of San Francisco, the fact that the inspection program operates in tandem with a grievance procedure, fiscal and staffing constraints, and the prioritization of repairs where pedestrian volume is the greatest. RT 1974:3-21, 2453:9-17.
63. Under SIRP, the City prioritizes sidewalk inspection and repair along city blocks with high pedestrian usage as characterized by or based on: (1) commercial districts; (2) public transportation routes; (3) proximity to schools, public facilities, hospitals, or senior centers; and (4) population density. RT 1974:22-1977:9, 2448:11-22; PXT 0022 [18-20]; DTX AA23. Consistent with guidance from the Department of Justice ("DOJ"), the City also prioritizes locations based on citizen requests, requiring that requests from the disabled community be given top priority. RT 1974:22-1976:2, 2450:12-24.
64. City policy specifies that private property owners are responsible for the repair and maintenance of sidewalk areas in front of their property. RT 1101:1-4. Once the City identifies a defective sidewalk and sends the property owner a notice to repair, the owner has thirty days to commence repairs. RT 1101:14-17. The City has endeavored to streamline the process by incenting property owners to use a City contractor in exchange for a waiver of permit fees. RT 2451:3-2452:4. If the owner fails to repair the sidewalk after having been duly notified, the City is entitled to perform the repair and invoice the property owner for the cost of inspection and abatement. RT 2451:11-15. The City's practice at the time of trial was to bill property owners through property liens. RT 2451:15-16.
65. The SIRP, which is considered a "proactive" program, operates in conjunction with a "reactive" program known as the Accelerated Sidewalk Abatement Program ("ASAP"), whereby the City responds directly to complaints or requests submitted by the public. RT 2453:18-2454:12. Under ASAP, issues or problems with sidewalks that impact accessibility are given "high priority" for remediation. RT 2454:1-12. If a high priority complaint is received for a sidewalk that is scheduled for repair within a few months, the City dispatches an inspector typically within one business day to investigate the matter. If the inspector finds a defect, he or she will immediately issue a notice of repair and an abatement order to the property owner. Repairs are generally completed within ninety days. RT 2454:13-2455:22.
66. In addition to the foregoing, the City has adopted various other policies to ensure accessibility of the City's sidewalks. RT 1959:13-1960:2, 2443:25-2444:10. These policies include: guidelines regarding the placement of barriers at construction sites; guidelines regarding the placement of scaffolding; permit requirements regarding the use of tables and chairs on the sidewalk; requirements regarding temporary occupancy of the public right-of-way; guidelines regarding displaying merchandise on the sidewalk; regulations regarding tree planting and maintenance; and requirements regarding slip-resistant metal covers and grates. RT 1960:7-1971:9; DTX A9; DTX A21; DTX G19; DTX F43; DTX F44; DTX F45; DTX G17; DTX F48; DTX G10.
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