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HomeMy WebLinkAboutResolution No 2014-78 approving the Title VI Compliance Plan t/ Dept.ID CS 14-022 Page 1 of 2 Meeting Date: 10/6/2014 7 -0 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 10/6/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Janeen Laudenback, Director of Community Services SUBJECT: Adopt Resolution No 2014-78 approving the Title VI Compliance Plan and authorizing its submittal to the California Department of Transportation (Caltrans) for purchase of replacement vehicles for the Senior Transportation Program Statement of Issue: Due to a pending administrative requirement for an approved Title VI Plan for a Federal Transit Administration (FTA) Section 5310 Program Grant, there is a need to adopt a resolution approving the City of Huntington Beach Community Services Title VI compliance plan and authorizing its submittal to the California Department of Transportation (Caltrans) for the purchase of replacement gasoline powered vehicles for the City Senior Transportation Program. Financial Impact: Not applicable Recommended Action: A) Adopt Resolution No. 2014-78, "A Resolution of the City Council of the City of Huntington Beach Approving the Title VI Compliance Plan and Authorizing the Plan to be Submitted to the California Department of Transportation to Secure a Senior Mobility Program Grant;" and, B) Approve the City of Huntington Beach Community Services Department Title VI Plan dated May 2014. Alternative Action(s): Do not adopt Resolution No. 2014-78 approving Title VI compliance Plan and authorizing its submittal to the California Department of Transportation, resulting in non-compliance with the current California Department of Transportation grant cycle. Analysis: The City of Huntington Beach received an FTA Section 5310 Program Grant to purchase replacement vehicles for the City of Huntington Beach "Surf City Seniors on the GO!" senior transportation program. The FTA Section 5310 grant allowed the City to replace older gasoline powered senior transportation vehicles with newer and more efficient vehicles. In order to be in administrative compliance with the current grant award, City Council-adopted resolution must be submitted. The City must approve its Title VI Plan for the Community Services Department and authorize its submittal to Caltrans. This resolution states that the City of Huntington Beach assures that no person will be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any California Department of NB -t 09- Item 7. - I Dept. ID CS 14-022 Page 2 of 2 Meeting Date: 10/6/2014 Transportation program or activity, due to race, color, sex, age, disability or national origin, as provided by Title VI of the Civil Rights Act of 1964 and the Civil Rights Restoration Act of 1987. The Title VI Plan was prepared by staff with oversight from the State of California Department of Transportation. The plan provides guidelines for involving the public in the City of Huntington Beach Community Services Senior Transportation program. The "Surf City Seniors on the Go!" transportation program transports seniors to medical offices, shopping centers, social services, and the seniors' center. Staff and volunteers provide approximately 3,000 trips per month to city seniors. Implementation of the Title VI resolution will assure that the provision of these services will continue. Environmental Status: Not applicable Strategic Plan Goal: Improve long-term financial sustainability Attachment(s): 1) Resolution No 2014-78, "A Resolution of the City Council of the City of Huntington Beach Approving the Title VI Compliance Plan and Authorizing the Plan to be Submitted to the California Department of Transportation to Secure a Senior Mobility Program Grant" 2) City of Huntington Beach Community Services Department Title VI Plan Item 7. - 2 -i 0 ATTACHMENT # 1 RESOLUTION NO. 2014-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE TITLE VI COMPLIANCE PLAN AND AUTHORIZING THE PLAN TO BE SUBMITTED TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION TO SECURE A SENIOR MOBILITY PROGRAM GRANT 1JEREAS;-thu-City--of-Huntingtori Bah-applie -for aril was awardezl-a-Vrant from e California Department of Transportation("Caltrans") to replace the existing gasoline powered vans used for the "Surf City Seniors' on the Go!" Program; and To comply with the terms of the grant, the City must approve a"Title VI Plan" (the "Plan") and authorize the Plan to be submitted to Caltrans; and Pursuant to the Plan, the City will not exclude anyone from participation in, deny the benefits to, or otherwise subject anyone to discrimination under any program or activity of the City, due to race, color, sex, age, disability or national origin, as set forth in Title VI of the Civil Rights Act of 1964 and the Civil Rights Restoration Act of 1987, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. The City Council hereby authorizes the Director of Community Services to implement the components of the Plan in order to meet Federal requirements. 2. The City Council hereby authorizes the Director of Community Services to implement policies that may be necessary to comply with subsequent revisions or interpretations of the Civil Rights Act. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this resolution. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of October , 2014 5 Mayor REVIEW APPROVED: APPROVED AS TO FORM: City � C ty Attorne WIT TED AND APPROVED: Zet mmunity Services 14-4384/112804.doc Res. No. 2014-78 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on October 6, 2014 by the following vote: AYES: Katapodis, Hardy, Shaw, Harper, Boardman, Sullivan, Carchio NOES: None ABSENT: None ABSTAIN: None e City rk and ex-officio fferk of the City Council of the City of Huntington Beach, California ATTAC H M E N T #2 CITY OF HUNTINCSTON BEACH COMMUNITY SERVICES DEPARTMENT TITLE VI PLAN May 2014 Item 7. - 4 - 12- CITY OF HUNTINGTON BEACH COMMUNITY SERVICES DEPARTMENT TITLE VI PLAN — INDEX Noticeto the Public- English ---------------------------------------------------------------------------------- 3 Notice to the Public -Spanish --------------------------------------------------------------------------------- 4 Notice of Public Locations------------------------------------------------------------------------------------- 5 Complaint Procedures------------------------------------------------------------------------------------------ 6 ComplaintForm -------------------------------------------------------------------------------------------------- 8 List of Transit-Related Investigations, Complaints, and Lawsuits------------------------------------ 11 Public Participation Plan --------------------------------------------------------------------------------------- 12 Language Assistance Plan -------------------------------------------------------------------------------------- 14 SafeHarbor Provision ------------------------------------------------------------------------------------------- 17 Definitions--------------------------------------------------------------------------------------------------------- 20 Committees and Councils-------------------------------------------------------------------------------------- 20 Item 7. - 5 °.. NOTICE TO a CITY OF HUNTINGTON BEACH COMMUNITY SERVICES DEPARTMENT RIGHTS UNDER TITLE VI The City of Huntington Beach gives public notice of its policy to assure full compliance with Title VI of the Civil Rights Acts of 1964 and related regulations. Specifically, Title VI provides that "no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance." For additional information on the City of Huntington Beach's nondiscrimination obligations, please contact the City's Equal Opportunity Officer by mail, telephone, or email using the information below. Equal Opportunity Officer Ms. Michele Warren City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648-2702 714-536-5586 michele.warren2. ur city-hb.org If you believe you have been excluded from participation in, been denied benefits of, or been subjected to discrimination under this City of Huntington Beach program, you may file an official Title VI complaint with the Equal Opportunity Officer. We encourage you to make your complaint in writing. A complaint must be filed within 180 days after the date of the alleged discrimination. The Title VI Complaint Procedures and Complaint Form can be obtained by calling or emailing the contact above: Title VI Complaint Procedures Title VI Complaint Form Si se necesita la informaci6en espanol,favor de Ilamar a Jenny Jackson, telefono 714-374-1562 If information is needed in another language, please contact Ms. Warren at 714-536-5586 This notice is posted on the City's website and at the Senior Services buildings. Item 7. - 6 F \. N ' TICE TO PUB a CIUDAD ®E HUNTINIGTON BEACH SERVICI S A LA COMUNIDAD DEPARTAMENTO ®ERECHOS BAJ® TITUL® VI La Ciudad de Huntington Beach de aviso al public de su politica para asegurar el plano cumplimiento con el Titulo VI de la Ley de Derechos Civiles de 1964 y los reglamentos conexos. Especificamente, el Titulo VI establece que, "ninguna persona en los Estados Unidos, por motivos de raza, color, u origen nacional, sera excluida de particpar en, ser negado los beneficios de, o ser sujeto a discriminaci6n bajo caulquier programa o actividad que recibe asistencia federal financiera." Para obtener informacion adicional acerca de las obligaciones de la Ciudad de Huntington Beach de no discriminar, por favor comuniquese con la Oficial de Igualdad de Oportunidades de la Ciudad por correo, tel6fono o correo electronic utilizando la siguiente informacion: Oficial de Igualdad de Oportunidades Sra. Michele Warren Ciudad de Huntington Beach 2000 Main Street Huntington Beach, CA 92648-2702 714-536-5586 michele.warren@surfcity-hb.org Si usted cree que ha sido excluido de participar, se le ha negado los beneficios de, o ha sido sujeto a discriminaci6n en un programa de la Ciudad de Huntington Beach, usted puede presentar una queja por escrito. Su queja se debe presenter dentro de los 180 dias despues de la fecha de la supuesta discriminaci6n. Los Procedimientos de Quejas del Titulo VI y el Formulario de Quejas se pueden obtener llamando por telefono o enviando un correo electr6nico al contacto de arriba: Procedimientos de Quejas del Titulo VI Formulario de Quejas del Titulo VI Si se necesita m6s informacion en espanol,favor de llamar a Jenny Jackson, telefono 714-741652 Si se necesita informacion en otro idioma, por favor comunicarse con la Sra. Warren 714-536-5586 Este aviso sera publicada en la pagina de internet de le Ciudad,y en el edificios de Servicios de Personas Mayores. B -I I Item 7. - 7 CITY OF HUNTINGTON BEACH COMMUNITY SERVICES DEPARTMENT TITLE VI PLAN — NOTICE OF PUBLIC LOCATIONS City Hall 2000 Main Street Huntington Beach, CA 92648-2702 Rodgers Seniors' Center 1706 Orange Avenue Huntington Beach, CA 92648-3804 Senior Outreach and Transportation 1718 Orange Avenue Huntington Beach, CA 92648-3804 Central Library 7111 Talbert Avenue Huntington Beach, CA 92648-1232 Oak View Branch Library 17251 Oak Lane Huntington Beach, CA 92647-5895 Oak View Family Resource Center 17261 Oak Lane Huntington Beach, CA 92647-5895 Item 7. - 8 1 1B -1 { - .r s 4a Y CITY OF FIUIdTlNGT®ICI BEACH COMMUNITY SERVICES DEPARTMENT TITLE VI PLAN — COMPLAINT PROCEDURES Any person who believes he or she has been discriminated against on the basis of race, color, or national origin by the City of Huntington Beach, Community Services Department, may file a Title VI complaint with the Equal Opportunity Officer. The following steps describe the procedures to file a complaint and how the City of Huntington Beach will respond. 1. The complaint must be submitted to the Equal Opportunity Officer no later than 180 days after the date of the alleged discrimination. 2. The Title VI Complaint Form can be obtained by calling 714-536-5586 or by downloading the form from our website at www.huntingtonbeachca.gov. Please provide the following information on the complaint form or you may submit a signed written statement that contains all of the following written information. • Your name, address and how to contact you (phone number, email address, etc.) • The basis of your alleged discrimination complaint (race, color, or national origin) • How, why, when, and where you believe you were excluded from participation in, were denied the benefits of, or were subject to discrimination • Include the location, names, and contact information of any witnesses • Indicate whether you have filed the complaint with the Federal Transit Administration • You must sign your letter of complaint If you as the complainant are unable to write a complaint, the Equal Opportunity Officer will assist you with the complaint. The City of Huntington Beach is committed to providing open access to its services to persons with limited ability to speak or understand English; if requested by the complainant, the Equal Opportunity Officer will provide language translation services. 3. The complaint shall be sent to the following address: Equal Opportunity Officer Ms. Michele Warren City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648-2702 714-536-5586 michele.warren@surfcity-hb.or�R 4. Once the complaint is received, the Equal Opportunity Officer will review it to determine if our office has jurisdiction. The Complainant will receive an 7_ Item 7. - 9 acknowledgment letter informing her/him whether the complaint will be investigated by our office. 5. All complaints will be investigated promptly. Reasonable measures will be undertaken to preserve any information that is confidential. The Equal Opportunity Officer will review every complaint, and when necessary, begin the investigative process. 6. Upon completion of the investigation, the Equal Opportunity Officer will complete a final report. The investigation process and final report should take no longer than ninety (90) days after receipt of the complaint. If a Title VI violation is found to exist, a Determination letter will be issued which summarizes the allegations and the interviews regarding the alleged incident, and explains the remedial steps as appropriate and necessary to be taken immediately. If no Title VI violation was found, Complainant will receive a disclosure letter which summarizes the allegations and states that there was not a Title VI violation and that the case will be closed. 7. If the Complainant wishes to appeal the decision, he or she has 30 days after the date of the letter to do so. Complainant may contact the following: Federal Transit Administration Regional Civil Rights Officer 201 Mission Street, Suite 650 San Francisco, CA 94105-1839 Telephone—415-744-2729 Fax—415-744-2726 8. A person may also file a Title VI complaint, no later than 180 days after the date of the alleged discrimination directly to the following: Federal Transit Administration Office of Civil Rights 1200 New Jersey Avenue SE Washington, DC 20590-0001 Item 7. - 10 4 -14 a CITY OF HUNTIN TON BEACH COMMUNITY SERVICES DEPARTMENT TITLE ail PLANT — COMPLAINT FORM Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color or national origin in programs and activities receiving Federal financial assistance. Specifically,Title VI provides that "no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." Title VI guarantees fair treatment for all people and provides for the City of Huntington Beach,to identify and address, as appropriate, disproportionately high and adverse effects of its programs, policies, and activities on minority and low-income populations, such as undertaking reasonable steps to ensure that Limited English Proficient(LEP) persons have meaningful access to the Programs, services, and information the Citv of Huntington Beach provides. SECTION I Name Mailing Address Telephone (Home) (Mobile) Electronic Mail (Email) Are there any accessible format needs: ( ) Large Print ( ) CD/Audio Tape ( )TDD ( ) Other SECTION II Are you filing this complaint on your own behalf? Yes* No *If you answered 'yes' to this question, go to Section III If not, please supply the name and relationship of the person for whom you are completing: e _, _ Item 7. — 11 CITY OF HUNTINGTON BEACH COMMUNITY SERVICES DEPARTMENT TITLE VI PLAN - COMPLAINT FORM, Page 2 SECTION III List type of discrimination you experienced: (Please check all that apply): Race ( ) Color( ) National Origin ( ) Other Please indicate your race/color, if it is a basis of your complaint Please describe your national origin, if it is a basis of your complaint Location where alleged discrimination occurred Time and date of alleged discrimination Name, Position,or Title of the person who allegedly subjected you to Title VI discrimination: Please explain as clearly as possible what happened,why you believe it happened and how you were discriminated against. You should include specific details and any other information that would assist us in our investigation of your allegations. Please also provide any other documentation that is relevant to this complaint. (Use a separate sheet if necessary) Please list any persons,witnesses, if known, whom we may contact for additional information to support of clarify your complaint (Name,Address and Telephone number): Have you previously filed a Title VI complaint with this agency? Yes No Have you filed this complaint with any other Federal,State, or local agency, or with any Federal or State court? Yes No Federal Agency: Date Federal Court: Date State Agency: Date State Court: Date Local Agency: Date Item 7. — 12 s e 3 -1``f�- CITY OF HUNTIN GTON BEACH COMMUNITY SERVICES DEPARTMENT TITLE VI PLAN - COMPLAINT FORM Page 3 SECTION VI What remedy are you seeking for the alleged discrimination? How did you learn that you could file this complaint? SECTION V You may attach any written materials or other information that you think is relevant to your complaint. YOUR SIGNATURE AND TODAY'S DATE ARE REQUIRED BELOW: Signature Date Please submit this completed form in person, or mail the form to: Michele Warren, Title VI — Equal Opportunity Officer, City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648-2702. Please make a copy for your records TIT- Item 7. - 13 CITY OF HU NTINGT®IN BEACH 1 COMMUNITY SERVICES DEPARTMENT TITLE VI PLAN — LIST OF TRANSIT-RELATED INVESTIGATIONS, COMPLAIINTS, AND LAWSUITS The City of Huntington Beach currently does not have any investigations, complaints or lawsuits with regards to Civil Rights violations. Item 7. - 14 f4 F� -1'2 - } h CITY OF HUNTINGTON BEACH e9 COMMUNITY SERVICES DEPARTMENT p f '$' TITLE VI PLAN — PUBLIC PARTICIPATION PLAN PURPOSES OF THIS PLAN As part of its Title VI program, the City of Huntington Beach Community Services Senior Transportation Services (Surf City Seniors on Go!) is enhancing its public participation process. The City's Senior Transportation Services is also bolstering its strategies for engaging minority and Limited English Proficient individuals. This plan provides guidelines for involving the public in the City of Huntington Beach Community Services Senior Transportation Services' planning efforts to ensure that all groups are represented and their needs considered. The City of Huntington Beach is committed to ensuring it serves the City's aging population fairly, consistently, and in the most cost-efficient and appropriate manner with available resources. Through conversation and collaboration with riders, prospective riders, and the larger surrounding community, City of Huntington Beach Community Services Senior Transportation Services will be able to assess the quality of its service, measure potential impact to the community, and ensure the program is providing valuable service to the residents of Huntington Beach. GOALS AND OBJECTIVES The City's public involvement plan has a single comprehensive goal: to allow the public opportunities throughout the planning process to influence decisions. In order to meet this goal, the City has established the following objectives: 1. Identify the most appropriate methods for reaching the public. 2. Determine what non-English languages and other cultural barriers exist to public participation with the Huntington Beach area. 3. Hold meetings in locations which are accessible and reasonably welcoming to all area residents, including, but not limited to, low-income and minority members of the public. 4. Keep the public informed through effective channels of communication and allow input from those not likely to attend meetings. 5. Work to actively involve the public in programs, policy-making and projects. 6. Ensure that the City's public involvement plan is dynamic and responsive. Item 7. - 15 OUTREACH Engaging minority and Limited English Proficiency populations can be challenging. Below is a list of outreach techniques that the City will use to actively solicit public input in the planning process of a project. Notices for public events may include posters, email blasts, media releases to local papers, public service announcements and information on the City's local television channel Any notices will be posted at least two weeks prior to the public event and through the City's website; these notices will be translated into Spanish and Vietnamese Notices may be posted at the City Hall,the Senior Services buildings, all vehicles, and key community centers and libraries The City of Huntington Beach and Senior Services will host public meetings and focus groups to discuss ways to integrate the Senior Services transportation services into otherwise underutilized areas The City of Huntington Beach and Senior Services will ensure that non-English language interpretation will be available at any public meeting or workshop as is appropriate and necessary Item 7. - 16 147i3 -. 4- "y {h CITY OF FIUNTINGTON BEACH L, COMMUNITY SERVICES DEPARTMENT ' TITLE VI PLAN — LANGUAGE ASSISTANCE PLAN PURPOSE To establish guidance for the City of Huntington Beach to provide timely and reasonable language assistance to Limited English Proficiency (LEP) persons who come into contact with the City. This plan is established pursuant to, and in accordance with Title VI of the Civil Rights Act of 1964 and its implementing regulations and Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency". Title VI of the Civil Rights Act of 1964 requires that "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." Executive Order 13166 was adopted to ...improve access to federally conducted and federally assisted programs and activities for persons who as a result of national origin, are limited in their English proficiency... This plan reiterates the City of Huntington Beach's position that it will provide the language assistance necessary for meaningful participation in its programs and services to persons who, as a result of national origin, are limited in English proficiency. REFERENCES ® Federal Register, Volume 68, Number 103, Civil Rights Center; Enforcement of Title VI of the Civil Rights Act of 1964; Policy Guidance to Federal Financial Assistance Recipients Regarding the Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons; Notice (May 29, 2003) ® Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000) ® Department of Labor (DOL) Training and Employment Guidance Letter (TEGL) 26-02, Publication of Revised Guidance Regarding the Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons (May 29, 2003) `;_ Item 7. - 17 BACKGROUND Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq. and its implementing regulations provide that no person has be subjected to discrimination of the basis of race, color, or national origin under any program or activity that receives federal financial assistance. In order to avoid discrimination against LEP persons on the grounds of national origin, we must take reasonable steps to ensure that such persons have meaningful access to the programs, services, and information. Language barriers prohibit LEP persons from obtaining services and information relating to a variety of services and programs because they may not be able to read instructions or correspondence written in English and may not understand verbal information. Many times, they are not aware of regulatory requirements and legal implications of the services they seek. When LEP persons receive legal documents, they often do not understand the contents and its implication to their daily lives. LEP persons may not be able to take advantage of services, which could affect their job and social opportunities. When individuals do not understand or read English, they can be hampered in seeking employment opportunities. GOALS It is essential that City staff be informed about their diverse clientele from a linguistic, cultural and social perspective. These individuals will be culturally competent so they can encourage vulnerable LEP minority populations to access and receive appropriate services with more knowledge and confidence. The key to providing meaningful access to LEP persons is to ensure that LEP persons can communicate effectively and act appropriately based on that communication. Minimum reasonable measures would be to ensure that LEP persons are given adequate information, are able to understand that information, and are able to participate effectively in programs or activities. Spanish and Vietnamese are the two most requested languages for interpreters in the City of Huntington Beach. City staff will take reasonable steps to ensure the LEP persons are given adequate information, are able to understand that information, and are able to participate effectively in recipient programs or activities, where appropriate. FOUR FACTOR ANALYIS The DOT Four Factor Analysis provides guidance to agencies receiving federal financial assistance in taking reasonable steps to ensure meaningful access to all of its services, programs, and activities used by LEP persons. The City received a $176,000 grant to purchase four vehicles for the City's Senior Transportation Program, Surf City Seniors on the Go! This program offers transportation services to persons over 55 years old and living in Huntington Beach. Service is available for life enhancing services, nutrition and activities at the Senior Center, and non emergency medical treatment. Item 7. - 18 11,5, ./ Transportation will not be provided to the General Public, therefore, an analysis of public demographic data in the City of Huntington Beach does not represent actual populations served by this program, but is offered for comparison purposes only. In order to prepare this plan, the City Huntington Beach undertook an analysis that considers the following factors: 1. The number of or proportion of LEP persons in the service are who may be served by the City. City staff reviewed the 2010 US Census to determine the approximate number of LEP persons age 5 years and older in the City of Huntington Beach. RACE TOTAL POPULATION POPULATION PERCENTAGE White 128,453 66% Hispanic 35,329 18% Asian 20,747 10.8% Two/more races 5,023 2.6% Black 1,370 0.7% American Indian 1,193 0.6% Other Race (alone) 504 0.3% Native Hawaiian or other P/I 248 0.1% City staff also reviewed the 2010 US Census to determine that 22% of the City population (40,338 LEP speakers/6,182 over 65) spoke a language other than English at home. This meets the Department of Justice (DOJ) Safe Harbor provision of"every 1000 speakers or 5% of the population, whichever is less. In Huntington Beach, 7,039 Spanish-speaking residents speak English "less than very well" (38.1%) and 6,012 Vietnamese-speaking residents speak English "less than very well" (46.1%). 2. The frequency with which LEP persons come in contact with City programs, activities or services. Contact with LEP individuals has not occurred in this program. A very small percentage of the residents that participate in activities at the City's Senior Recreation center speak a language other than English. 3. The nature and importance of programs, activities, or services provided by the City to the LEP population. The primary purposes of the Surf City Seniors on the Go! Transportation Program is to provide transportation for residents 55 year of age or older: to and from the City's senior center, shopping trips, non-emergency medical and life enhancing services trips, and mini-excursions to local places of interest. By enabling participants to keep in touch with the community, bond with peers and engage in meaningful activities,the program helps seniors maintain their independence and dignity. This in turn creates opportunities that can enhance the quality of life for the City's aging community. SIP _577- Item 7. - 19 4. The resources available to the recipient of federal funds and overall cost to provide LEP assistance. Outreach expenses as they relate to LEP populations are split among several departments. The City's public counters are staffed with bilingual speakers for the two most common languages requested in the City of Huntington Beach, Spanish and Vietnamese. The City also maintains an active list of over 65 bilingual employees who are dispersed throughout the City. Costs for marketing materials and translation of documents for outreach are minimal and have not been quantified. 5. Summary. Based on the four-factor analysis, the City of Huntington Beach has identified the language needs and services required to provide meaningful access to information for the LEP residents of Huntington Beach. This LEP Plan will be reviewed on an annual basis and incorporate LEP information that further identify additional language needs for the top languages identified. PLANNING—DEVELOPING A LANGUAGE ASSISTANCE PROGRAM (LAP) A. Identification of LEP Persons City staff will use the following methods to identify LEP persons: • Examine records to see if requests for language assistance have been received in the past, either at meetings or from referrals, to determine whether language assistance might be needed for future events or literature. • Provide language identification forms which invite LEP persons to identify their language needs to our staff members. • Records will be maintained for three years. Safe Harbor Provision. DOT has adopted DOJ's Safe Harbor Provision, which outlines circumstances that can provide a 'safer harbor' for recipients regarding translation of written materials for LEP populations. The Safe Harbor Provision stipulates that, if a recipient provides written translation of vital documents for each eligible LEP language group that constitutes five percent (5%) of 1,000 persons, whichever is less, of the total population of persons eligible to be served or likely to be affected or encountered, then such action will be considered strong evidence of compliance with the recipients written translation obligations. Translation of non-vital documents, if needed, can be provided orally. If there are fewer than 50 persons in a language group that reaches the percent (5%) trigger, the recipient is not required to translate vital written materials but should provide written notice in the primary language of the LEP language group of the right to receive competent oral interpretation of those written materials, free of cost. These safe harbor provisions apply to the translation of written documents only. They do not affect the requirement to provide meaningful access to the LEP individuals through competent oral interpreters where oral language services are needed and are reasonable. A recipient may determine, based on the Four Factor Analysis, that even though a language group meets the threshold specified by the Safe Harbor Provision, written translation may Item 7. - 20 _ v E - not be an effective means to provide language assistance measures. For example, a recipient may determine that a large number of persons in that language group have low literacy skills in their native language and therefore require oral interpretation. In such cases, a background documentation regarding the determination shall be provided to FTA in the Title VI program. B. language Assistance Measures City staff(Senior Services) will continue to accomplish several language assistance measures to LEP persons, including the following: • Translate and inventory of existing materials (brochures and announcements) in Spanish and Vietnamese • Regularly review and update these materials • Assure LEP persons have access to staff that are trained and competent in the skill of interpreting/translation • Contract with an outside translation service for services, as needed • Arrange for the services of voluntary community interpreters who are trained and competent in the skill of interpreting • Arrange for the use of a telephone language interpreter service • Post and maintain signs in waiting rooms, receptions areas, and other initial points of entry in languages other than English in order to be effective, these signs should inform applicants and beneficiaries of their right to free language assistance services and invite them to identify themselves as persons needing such services • Translate application forms and instructional, informational, and other written materials into appropriate non-English languages by competent translators • For LEP persons where written documents do not exist in their language, assistance should be provided from an interpreter/translator to explain the contents of the documents • Efforts for assistance to low-frequency, unusual, or unexpected languages may include, but are not limited to, using a telephone language line, and locating and temporarily employing a qualified interpreter who can communicate in the appropriate language ® Notices and information that are generally available to the public will be make available to identified LEP populations • Establish uniform procedures for timely and effective telephone communication between staff and LEP persons, which will include instructions for English-only- speaking employees to obtain assistance from interpreters or bilingual staff when receiving calls from or initiating calls to LEP persons • Statements about the services available and the right to free language assistance services, in appropriate non-English languages, will be included in the brochures, booklets, outreach and recruitment information and other materials that are routinely disseminated to the public k _ Item 7. - 21 • Ensure that translated materials provide referrals to telephone numbers or websites that are linguistically accessible C. Training Training for front-line staff members, who are often the first points of contact with LEP individuals, will be provided by City Personnel. Staff training will include: • Identifying and tracking language preference information of LEP persons • Delivering services effectively to LEP persons • Assuring staff sensitivity to the literacy level of LEP persons • Describing LEP services offered to the public • Procuring interpreter services • Identifying and documenting language needs of LEP persons • Processing a Title VI/LEP complaint This LEP plan will be distributed to all staff having direct contact with the public. D. Providing Notice to LEP Persons Notice of language assistance services will be accomplished as follows: • Signs to be posted in the entry areas regarding the availability of services and that they are free of charge • Website, documents, and brochures will be offered or printed in alternative languages and will include that, language services are available and free of charge • Staff will inform LEP persons that language assistance is available and is free of charge MONITORING AND UPDATING THE LEP In October of each year, City staff will review the effectiveness of the LEP Plan. The evaluation will include identification of any problem areas and development of required corrective action strategies. Elements of the evaluation may include: • Identification of the number of LEP persons requesting interpreters/translators • Review of up-to-date community and demographic information • Determination of whether interpretation/translation services have been effective • Assessment of current language needs to determine if additional services or translated materials should be provided • Assessment whether staff members adequately understand LEP guidelines and procedures and how to carry them out • Gathering feedback from LEP communities in the service areas of the City, such as schools, senior service providers, libraries and faith based organizations Item 7. - 22 - : - DEFINITIONS Limited English Proficient Persons: Individuals with a primary or home language other than English who must, due to limited fluency in English, communicate in that primary or home language if the individuals are to have an equal opportunity to participate effectively in or benefit from any aid, service or benefit provided by the City of Huntington Beach Community Services Senior Transportation Services. Linguistically Isolated: This term is defined in the Census as the percentage of the persons in households in which no one over the age of 14 speaks English well, and is used as a direct measure of those persons with a severe language barrier, as distinct from those of foreign origin who speak English well. Low Frequency and Unusual or Unexpected Languages: An individual with limited English skills who does not speak a language spoken by a "significant number or proportion of the population". Qualified interpreter: Qualified interpreter means an interpreter who is able to interpret effectively, accurately, and impartially, either for individuals with disabilities or for individuals with limited English skills. The interpreter should be able to interpret both receptively and expressively, using any necessary specialized vocabulary. Non-English Language Relay Service: A telecommunications relay service that allows persons with hearing or speech disabilities who use languages other than English to communicate with voice telephone users in a shared language other than English,through a communications assistant who is fluent in that language. The City's LEP Plan and Title VI Complaint Procedure are available from the City's Human Services Supervisor. Any person or agency may request a copy of the LEP plan via telephone, fax, mail, or in person and shall be provided a copy of the plan at no cost. Contact City of Huntington Beach Senior Outreach, 1718 Orange Avenue, Huntington Beach, CA, 92648/714- 960-2478/Fax: 714-374-1620, orrpesgueira@surfcity-hb.org. Item 7. - 23 MEMBERSHIP OF NON ELECTED COMMITTEES AND COUNCILS City of Huntington Beach Community Services Senior Transportation Services, Surf City Seniors on the Go! does not have a non-elected transit related committee, advisory board, or council at this time. Item 7. - 24 11B -i "2-