b) Library Program
92. The City's library program is provided through its Main Library and twenty-seven branch libraries. RT 2222:13-15; DTX 132.
93. In 2000, the City embarked on a $153 million Branch Library Improvement Program ("BLIP"), a program largely funded by a voter-approved $106 million bond measure. RT 2222:16-2223:3; DTX C37; PTX 4057 [000113-114].
94. BLIP's express priorities are to ensure that twenty-four of the City's branch libraries are ADA compliant and seismically retrofitted. RT 2222:16-2223:3, 2228:25-2229:9; DTX C37; DTX D1; DTX F22; PTX 4057 [00118]; PTX 0045 [72].6 Although MOD had previously determined that the City was sufficiently providing program access to its library system through its four ADA-compliant libraries, it nevertheless approved BLIP after determining that the project met UPhAS's goal of providing a higher level of accessibility than the legally-mandated minimum program access. RT 1797:5-19.
95. As of April 29, 2011, the City had completed construction and/or renovation of seventeen of the twenty-four branch libraries covered under BLIP. The City anticipated completing work at five additional branch libraries between May and September of 2011. As to the two remaining projects, one was under construction at the time of trial and the other was anticipated to conclude in 2014. RT 2227:7-21; DTX I32.
96. Kevin Wesley Jensen ("Jensen"), DPW's Disability Access Coordinator, conducted disability access reviews pursuant to Procedure 9.8.24 for all BLIP projects, other than the Mission Bay Branch Library (which was reviewed by Whipple). RT 1900:24-1904:8, 1938:20-1939:24, 1939:25-1940:8. Jensen reviewed the projects at various points, including during design, planning, and construction. RT 2230:6-2233:13. Following the completion of the project, Jensen decided whether the building should be certified for occupancy. Id.
97. On a number of occasions, including one involving the Glen Park Branch Library, Jensen found that the construction work did not meet access requirements. In those instances, he withheld occupancy approval and required the library to correct the deficiencies before opening the branch location in question to the public. RT 2232:8-2233:13.
98. Jensen also evaluated the path of travel from each branch library to the public right-of-way, nearby parking and public transportation. Where necessary, he implemented access improvements, including the repair or replacement of sidewalks. RT 1943:8-1945:17.
99. In addition to the above, the City has undertaken additional efforts to ensure accessibility of its libraries. For example, the Library employs two dedicated accessibility coordinators—one who specializes in programmatic access and who trains staff on a variety of issues related to accessibility, and another who specializes in ensuring that library facilities are physically accessible. RT 2224:8-23.
100. Library staff use a Daily Facility Checklist to maintain the accessibility of each library facility. Each morning, trained library staff inspect their respective facilities, move furniture (including misplaced/errant step stools and chairs) or other objects that may impede the path of travel, and report any access issues that cannot safely or readily be corrected. Library staff members have various tools, such as door pressure monitors, to conduct these daily inspections. RT 2235:22- 2237:13, 2252:10-2253:21; DTX A45. Pursuant to the Library's policy of conducting daily inspections, misplaced furniture impeding an accessible path of travel remains out of place for, at most, twenty-four hours. See DTX A45.
101. The Library also offers a range of non-structural solutions to ensure access to its programs and events, including assistive technologies, books by mail, a Library on Wheels, a Library for the Blind and Print Disabled, a Deaf Services Center, and Accessibility Tool Kits, which include simple tools such as magnifying glasses, magnification sheets, book holders, pencil grips, and special rulers. DTX A43; RT 2248:7-2252:9.
102. At the time of trial, the City had instituted a policy requiring the installation of automatic door openers to increase accessibility in all buildings, even when not required under applicable access regulations. RT 2238:16-2239:6. The City also implemented custom access standards for use when purchasing furniture and equipment for its facilities. RT 1940:9-1942:24, 2233:14-2235:3; DTX V26; DTX V27; DTX V28.
103. Any public complaints regarding accessibility are handled by the Library's ADA Coordinator for Programmatic Access. Whenever possible, complaints are handled immediately. Some complaints, however, require investigation and assistance from other City departments, and others require funding and must be budgeted. RT 2253:22-2254:24.
6. Prior to the passage of the BLIP bond in 2000, the Main Library and three branch libraries (i.e., Chinatown, Ocean View, and Mission Branch) were seismically-upgraded and rendered ADA-compliant. As such, BLIP focused on the remaining twenty-four branch libraries. Id.
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