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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