SR - RES-10884 - FEDERAL TRANSIT ADMINISTRATION FUNDINGAGENDA ITEM
August 11, 2015
cOONTy CP,'
TO: Honorable Mayor and
Members of the City C
THRU: Rick Otto
Interim City Manager
FROM: Steven V. Phkim,
Human Resources
ReviewedNerified B
City Manager
Finance Director
To Be Presented By:
Mike Harar
Cons Calendar
City Mgr Rpts
Council Reports _
Legal Affairs
oards /Cmtes
Public Hrgs
Admin Reports
Plan/Environ
Lisa L. Kim - V
Economic Develo m t Manager
P g
1. SUBJECT
Resolution No. 10884 — A Resolution of the City Council of the City of Orange approving its
Title VI Plan of the Civil Rights Act to comply with Federal Transit Administration (FTA)
funding for construction of the Orange Metrolink Parking Structure.
2. SUMMARY
As a recipient of Federal Transit Administration (FTA) funding, the City of Orange is required to
implement a Title VI Plan that demonstrates that no transit program or service provided by the
City creates discrimination toward any demographic of the population served by that program or
service. The Title VI Plan is required to be updated every three years and submitted to the FTA
for review and approval. Adoption of Resolution No. 10884 is requested and authorization to
submit necessary documentation to FTA for review and approval.
3. RECOMMENDATION
Adopt Resolution No. 10884.
4. FISCAL IMPACT
Adopting this program will have no direct impact on the City's General Fund.
5. STRATEGIC PLAN GOAL(S)
1. Provide for a safe community
b. Provide and maintain infrastructure necessary to ensure the safety of the public.
3. Enhance and promote quality of life in the community
d. Maintain and improve multi -modal transportation throughout the City.
ITEM 3,8 1 8/11/15
6. GENERAL PLAN IMPLEMENTATION
Economic Development Goal 2.0: Cultivate a business environment that is conducive and
appealing to the commercial and retail industry, including smaller entrepreneurs.
Policy 2.4: Maintain adequate infrastructure, transportation systems, and physical conditions
that encourage retailers to invest in the City.
7. DISCUSSION and BACKGROUND
BACKGROUND
Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, and
national origin in programs and activities receiving federal financial assistance. Since 2013, the
City has maintained compliance of the Title VI policy under the City's Administrative Policy for
employment which incorporates statutes related to the Americans with Disabilities Act (ADA),
Equal Employment Opportunity Commission (EEOC), and State Department Employment
Housing (DFEH). However, additional elements specific to federal funding for the Metrolink
Parking Structure is necessitating an update to the City's Title VI Policy.
The proposed Metrolink Parking Structure project is funded in part with Federal Transit
Administration (FTA) funds and the proposed Video Surveillance System (VSS) at the Orange
Transportation Center is funded in whole with FTA funds. As a subrecipient of FTA funding
through the Orange County Transportation Authority, the City of Orange is required to
implement a Title VI Plan that demonstrates that no transit program or service provided by the
City creates discrimination toward any demographic of the population served by that program or
service. The Title VI Plan is required to be updated every three years and submitted to the FTA
for review and approval.
DISCUSSION
A revised Title VI Plan has been prepared in accordance with FTA Circular 4702.113, dated October
1, 2012. The Title VI Plan provides the City's commitment to ensuring that no person is excluded
from participation in, denied the benefits of, or otherwise subjected to discrimination under any of
its programs, activities, or services on the basis of race, color, or national origin. Specifically, the
Title VI Program includes the follow contents:
1. Title VI complaint filing procedures, forms, and records of any Title VI related
investigations, complaints, or inquires.
2. A Public Participation Plan identifying policies for public hearings, workshops and
comment periods that encourage public input regarding major services changes and engage
minority and limited English proficient populations in the public planning process.
3. Efforts to ensure sub recipient compliance with Title VI requirements.
Following City Council consideration, this Title VI Plan will be submitted to the FTA for review
and final approval. Failure to provide, or update this document every three years could result in the
potential delay of FTA funds for the Metrolink Parking Structure project and the VSS at the Orange
Transportation Center.
ITEM 2 8/11/15
8. ATTACHMENTS
• Resolution No. 10884
• Title VI Plan
N:AEconomic Development Files \STAFF REPORTS\2015 \081115b_Title VI Plan.doc
ITEM 3 8/11/15
RESOLUTION NO. 10884
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVINGS ITS TITLE VI
PLAN OF THE CIVIL RIGHTS ACT TO COMPLY
WITH FEDERAL TRANSIT ADMINISTRATION (FTA)
FUNDING FOR CONSTRUCTION OF THE ORANGE
METROLINK PARKING STRUCTURE
WHEREAS, on November 14, 2005, the Orange County Transportation Authority
(OCTA) Board of Directors adopted the Metrolink Service Expansion Program (the
"Program ") which authorized OCTA staff to begin implementation of high- frequency rail
service between the Fullerton Transportation Center and the Laguna Niguel /Mission Viejo
Station in Orange County, which will serve the Orange Transportation Center (OTC); and
WHEREAS, upon full roll -out the expansion, approximately 500 parking spaces will
be needed for transit ridership at the OTC; and
WHEREAS, the program provided for funding to construct the Metrolink Parking
Structure comprised of a five -level parking structure consisting of about 611 parking spaces
at the Lemon Street Parking Lot; and
WHEREAS, based on engineer's estimates, the proposed Metrolink Parking
Structure is estimated to cost $20.4 million; and
WHEREAS, for project construction, OCTA funding in the amount of $16.7 million
would be utilized through a combination of Federal Transit Administration (FTA) and
Congestion Mitigation and Air Quality Improvement Program (CMAQ) funds; and
WHEREAS, since 1972, the Federal Transit Administration (FTA) has required
recipients of Federal assistance to certify compliance with the requirements of Title VI as
part of the funding eligibility process; and
WHEREAS, Title VI of the Civil Rights Act of 1964 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 the benefits of, or be subjected to discrimination under any
program or activity receiving federal financial assistance;" and
WHEREAS, to fulfill this basic civil rights mandate, each federal agency that
provides financial assistance for any program is authorized and directed by the United States
Department of Justice to apply provisions of Title VI to each program by issuing general
rules, regulations, or requirements; and
WHEREAS, the City of Orange 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 ground 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."
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orange that the attached Title VI Plan is approved and incorporated by reference as Exhibit
« A _»
ADOPTED this l I" day of August 2015.
Teresa E. Smith, Mayor of the City of Orange
ATTEST:
Mary E. Murphy, City Clerk of the City of Orange
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that
the foregoing Resolution was duly and regularly adopted by the City Council of the City of
Orange at a regular meeting thereof held on the day of 2015 by the following
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Mary E. Murphy, City Clerk of the City of Orange
Exhibit "A"
City of Orange Title VI Plan
(behind this sheet)
CITY OF ORANGE
TITLE VI PLAN
August 2015
UIYTY
CITY OF ORANGE
TITLE VI PLAN
August 2015
CITY OF ORANGE
TITLE VI PLAN
August 14, 2015
TITLE VI AND RELATED STATUTES
NONDISCRIMINATION STATEMENT
The City of Orange, under Title VI of the Civil Rights Act of 1964 and related statutes, ensures that
no person shall, on the grounds of race, color, national origin, sex, disability or age be excluded
from participation in, be denied the benefits of, or be otherwise subject to discrimination under
any program, service or activity provided by the City of Orange.
RICK OTTO
Interim City Manager
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NOTICE TO PUBLIC
CITY OF ORANGE
RIGHTS UNDER TITLE VI
Title VI of the Civil Rights Act of 1964 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 the benefits
of, or be subjected to discrimination under any program or activity receiving federal financial
assistance." To fulfill this basic civil rights mandate, each federal agency that provides financial
assistance for any program is authorized and directed by the United States Department of Justice
to apply provisions of Title VI to each program by issuing general rules, regulations, or
requirements.
Since 1972, the Federal Transit Administration (FTA) has required recipients of Federal assistance
to certify compliance with the requirements of Title VI as part of the funding eligibility process.
The City of Orange 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 ground 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 Orange's nondiscrimination obligations, please contact
the City's Equal Opportunity Officer by mail, telephone or email using the information below:
Mr. Steven Pham
Director of Human Resources and Employee Relations/
Equal Opportunity Officer
City of Orange
300 E. Chapman Avenue
Orange, California 92866
Office: (714) 744 -7255
Email: spham@cityoforange.org
3
If you believe you have been excluded from participation in, been denied the benefits of, or been
subjected to discrimination under a City of Orange program, you may file an official Title VI
complaint with the Equal Opportunity Officer. You must 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 the number above:
• Title VI Complaint Procedures
• Title VI Complaint Form
If information is needed in another language, please contact Mr. Pham at (714) 744-
7255
*(This Notice is posted on the City's Website, on all City break room bulletin boards, and at
the City of Orange W /O /R /K Center)
4
CITY OF ORANGE
A. PROGRAM OVERVIEW
On November 14, 2005, the Orange County Transportation Authority (OCTA) Board of Directors
adopted the Metrolink Service Expansion Program (the "Program ") which authorized OCTA staff to
begin implementation of high- frequency rail service between the Fullerton Transportation Center
and the Laguna Niguel /Mission Viejo Station in Orange County, which will serve the Orange
Transportation Center (OTC). Upon full roll -out the expansion, approximately 500 parking spaces
will be needed for transit ridership at the OTC.
The program provided for funding to construct the Metrolink Parking Structure comprised of a five -
level parking structure consisting of about 611 parking spaces at the Lemon Street Parking Lot. The
proposed project would involve removal of the existing 172 -space public surface parking lot to
construct a five -level parking structure, with two subterranean levels, one at -grade level, and two
above -grade levels on the 1.23 acre portion of the project site.
Based on engineer's estimates, the proposed Metrolink Parking Structure is estimated to cost
$20.4 million. For project construction, OCTA funding in the amount of $16.7 million would be
utilized through a combination of Federal Transit Administration (FTA) and Congestion Mitigation
and Air Quality Improvement Program (CMAQ) funds. The remaining $3.7 million to complete the
City's share of the project will be funded through 2008 Redevelopment Bond Funds.
B. SELF CERTIFICATION FORM
A copy of the City of Orange Self Certification Form for Fiscal Year 14 -15 is presented in
Attachment A. No federal funds were received in Fiscal Year 14 -15. The City will complete the
Self Certification Form for Fiscal Year 15 -16 by the required deadline.
4
CITY OF ORANGE
TITLE VI COMPLAINT PROCEDURES
C. INTRODUCTION
Title VI of the Civil Rights Act of 1964 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 the benefits
of, or be subjected to discrimination under any program or activity receiving federal financial
assistance." To fulfill this basic civil rights mandate, each federal agency that provides financial
assistance for any program is authorized and directed by the United States Department of Justice
to apply provisions of Title VI to each program by issuing general rules, regulations, or
requirements.
The Title VI Complaint Procedures are intended to provide aggrieved persons an avenue to raise
complaints of discrimination regarding the programs, activities and services provided by the City
of Orange, as required by statute.
D. PURPOSE
The purpose of the complaint procedures is to describe the process used by the City of Orange
for processing complaints of discrimination under Title VI of the Civil Rights Act of 1964 and
related statutes. Title 49 Code of Federal Regulation (CFR) section 21.9(b) states that if "a primary
recipient extends Federal financial assistance to any other recipient, such other recipient shall also
submit such compliance reports to the primary recipient as may be necessary to enable the primary
recipient to carry out its obligation under this part."
E. ROLES AND RESPONSIBILITIES
1. Sub - recipients. Title 49 Code of Federal Regulation (CFR) section 21.9(b) states that if "a
primary recipient extends Federal financial assistance to any other recipient, such other
recipient shall also submit such compliance reports to the primary recipient as may be
necessary to enable the primary recipient to carry out its obligation under this part."
2. The Director of Human Resources and Employee Relations (the "Director ") has overall
responsibility for the discrimination complaint process and procedures.
3. The Director is responsible for conducting an impartial and objective investigation, collect
factual information and prepare a fact - finding report based upon the information
obtained from any investigation.
4. In cases where the complainant is unable or incapable of providing a written statement,
the complainant will be assisted in converting the verbal complaint into a written
complaint. All complaints, however, must be signed by the complainant.
5
F. TITLE VI COMPLAINT PROCEDURES
Any person who believes that she or he has been discriminated against on the basis of race, color,
or national origin by the City of Orange, 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
Orange will respond.
1. Applicability. The complaint procedures shall only apply to the beneficiaries of City of
Orange programs, activities, and services, including but not limited to members of the
public, contractors, subcontractors, consultants and other users, recipients, or sub -
recipients of any City program, activity or service.
2. Eligibility. Any person who believes that he /she has been excluded from participation
in, denied benefits or services of any program, activity o r se ry i c e administered by the
C i t y o f O r a n g e or its sub - recipients, consultants, and contractors on the basis of
race, color, national origin, sex, age, or disability may bring forth a complaint of
discrimination under Title VI and related statutes.
3. The complaint must be submitted to the Equal Opportunity Officer no later than 180
days after the date of the alleged discrimination.
4. A Title VI Complaint Form can be obtained by calling (714) 744 -7255 or by downloading the
form from our website at www.cityoforange.org. 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 the alleged discrimination complaint (race, color, or national origin).
• The date of the alleged act of discrimination.
• How, why, when and where you believe you were excluded from participation in,
were denied the benefits of, or were subjected 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 Orange 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.
0
5. The complaint shall be sent to the following address:
Mr. Steven Pham
Director of Human Resources and Employee Relations/
Equal Opportunity Officer
City of Orange
300 E. Chapman Avenue
Orange, CA 92866
Office: (714) 744 -7255
Email: spham @cityoforange.or
6. Types of Complaints. All Title VI and related statute complaints are considered formal as
there is no informal process. Complaints must be in writing and signed by the
complainant. Complaints must include the complainant's name, address and phone
number and be detailed enough to specify all issues and circumstances, including but
not limited to, potential witnesses of the alleged discrimination.
7. Once the complaint is received, the Equal Opportunity Officer will review it to
determine if our office has jurisdiction. The Complainant will receive an acknowledgement
letter informing her /him whether the complaint will be investigated by our office.
8. 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 investigation process.
9. 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 is found, Complainant will
receive a closure letter which summarizes the allegations and states that there was not
a Title VI violation and that the case will be closed.
10. If the Complainant wishes to appeal the decision, she or he has 30 days after the date of
the letter to do so. Complainant may contact the Federal Transit Administration, Regional
9, Regional Civil Rights Officer, 201 Mission Street, Suite 1650, San Francisco, CA
94105 -1839, (415) 744 -3133, Fax - (415) 744 -2726.
11. A person may also file a Title IV complaint, no later than 180 days after the date of the
alleged discrimination, directly with the Federal Transit Administration, Office of Civil
Rights, 1200 New Jersey Avenue, SE, Washington, DC 20590, (202) 366 -4043.
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CITY OF ORANGE
TITLE VI 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 Orange, 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 City of Orange provides.
SECTION I
Name
Mailing Address
Telephone Numbers (Home)
Electronic Mail (Email) Address
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 111
If not, please supply the name and relationship of the person for who you are complaining:
Please explain why you have filed for a third party:
(Mobile)
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CITY OF ORANGE
TITLE VI COMPLAINT FORM
Please confirm that you have obtained the permission of the aggrieved party if you are filing on
behalf of a third party. Yes No
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 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 below any persons, witnesses, if known, whom we may contact for additional
information to support or clarify your complaint (Name, Address and Telephone Number):
SECTION IV
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:
P7
CITY OF ORANGE
TITLE VI COMPLAINT FORM
SECTION V
What remedy are you seeking for the alleged discrimination?
How did you learn that you could file this complaint?
SECTION VI
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: Steven Pham, Title VI -
Equal Opportunity Officer, City of Orange, 300 E. Chapman Avenue, Orange, California
92866.
Please make a copy for your records.
JUNE 2015
0
CITY OF ORANGE
TITLE VI
LIST OF TRANSIT - RELATED INVESTIGATIONS, COMPLAINTS, AND LAWSUITS
The City of Orange currently does not have any investigations, complaints or lawsuits with
regards to Civil Rights Violations.
ADVISORY BOARDS
The City of Orange currently does not have any advisory boards or committees with decision
making responsibilities assigned to the parking structure project.
JUNE 2015
7
CITY OF ORANGE
TITLE VI - PUBLIC PARTICIPATION PLAN
PURPOSE
The City of Orange's Public Participation Plan is organized to work in concert with the Title VI Plan
and the Limited English Proficiency Plan. The purpose of the Public Participation Plan is to
establish procedures that allow for, encourage, and monitor participation of all citizens living and
working in the City, and users of public transportation. Special attention will be paid to soliciting
input from low- income and minority communities that are traditionally underrepresented. A
survey tool may be developed to seek information about personal transportation and the most
effective channels of communication for the City to engage the citizenry. A survey tool may be
used to solicit input for the Public Participation Plan.
GOALS AND OBJECTIVES
The City's public involvement plan has a single comprehensive goal to allow the public
opportunities throughout the planning process to provide input in the decision making process.
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 within the Orange 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.
7. Use various illustrative visualization techniques to convey the information including but
not limited to charts, graphs, photos, maps and the internet.
CITY OF ORANGE
TITLE VI - PUBLIC PARTICIPATION PLAN
IDENTIFICATION OF STAKEHOLDERS
Stakeholders are those who are either directly, or indirectly, affected by a plan, or the
recommendations of that plan. Those who may be adversely affected, or who may be denied
benefit of a plan's recommendation(s), are of particular interest in the identification of
specific stakeholders. Stakeholders are broken down into several groups: general citizens,
minority and low- income persons, public agencies, and private organization and businesses.
General Citizens: There are 136,416 residents in the Orange area (U.S. Census, 2010). A
general breakdown of the total population include: 46.8 percent of the population reported
as White; 38.1 percent are persons of Hispanic origin; 11.1 percent reported as Asian and
Pacific Islander; 1.4 percent is Black persons; and 2.6 percent is all Other Races.
Low - income: Low - income households (below poverty level) account for 8.2% of all
households in Orange and should be given every reasonable opportunity to provide input on
transportation plans and programs.
Public Agencies: Public agencies can provide valuable input to the planning process, in
addition to assisting in gaining attention from traditionally under - represented populations.
Private Organizations and Businesses: Private organizations and businesses offer a number
of perspectives that are valuable to the planning process. Often, transportation for
employees is of critical concern to private sector employees. For that reason, representation
of private business interests will be welcomed in the planning process.
OUTREACH TECHNIQUES
Engaging minority and Limited English Proficiency populations can be challenging. Below
is a list of outreach techniques that the City may use to actively solicit public input in the
planning process of a project.
Newsletters:
Quarterly newsletters may be available in both print and e- formats. Newsletters provide
the public and local government partners with progress updates on projects and programs.
These newsletters may provide a frequent channel of communication with the public and
allow the public to stay informed.
Website:
A well organized and engaging website is the cornerstone of the City's communication
strategy. The website offers a user - friendly structure and linguistic style understandable to
lay people interested in projects and the planning process. In addition, the website
follows the guidelines of Section 508 of the Rehabilitation Act, so that it is able
to accommodate disabled users.
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CITY OF ORANGE
TITLE VI - PUBLIC PARTICIPATION PLAN
Social Media:
The City may utilize common social media forums (Facebook) to disseminate project
information.
Public Notices:
The City may include notations in public notices in appropriate non - English languages that
will provide a contact where the individual can be informed of the process /project, and will
have an opportunity to give input.
Public Meetings & Focus Groups:
The City may host public meetings and focus groups to discuss topics /projects of interest
with the public. When hosting public meetings, the City will provide adequate notice to the
public and follow all federally prescribed guidelines regarding public comment periods. The
City will make a good faith effort to notify the public, such as posting in work places. At
meetings, the City will utilize visualization aides, such as power - points and maps to assist the
public in understanding the situation.
PERFORMANCE METHODS
On a periodic basis, the City may undertake an internal review of its public participation
plan's effectiveness of engaging the public, by examining criteria, such as:
• Records public meetings,
• Records of responses to citizen email, and
• Input from the general public.
PUBLIC PARTICIPATION PLAN (PPP)
Availability of this plan for review will be advertised in a manner reasonably expected to
reach the general public, as well as minority populations, low- income persons, and
traditionally under - served populations. This could occur through contacts mentioned earlier
in this document, notification of contacts are available in English and /or Spanish languages.
For project and PPP information, please contact:
Mr. Steven Pham
Director of Human Resources and Employee Relations /Equal Opportunity Officer
City of Orange
300 E. Chapman Avenue
Orange, CA 92866
Office: (714) 744 -7255
Email: spham@citvoforange.org
August 2015
12
CITY OF ORANGE
Limited English Proficiency (LEP) Plan
TITLE VI
I. PURPOSE
To establish guidance for the City of Orange to provide timely and reasonable language
assistance to Limited English Proficiency (LEP) persons who come in contact with the City.
This plan is established pursuant to and in accordance with Title IV 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 Orange'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.
II. 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)
12
City of Orange
Limited English Proficiency (LEP) Plan
August 2015
V. PLANNING — DEVELOPING A LANGUAGE ASSISTANCE PROGRAM (LAP)
A. Identification of LEP Persons
City staff may 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 a 3 -year,
period.
B. Language Assistance Measures
Staff can accomplish several language assistance measures to assist LEP persons, including
the following:
• Translate an inventory of existing materials in a variety of languages based on
demographics, including Spanish.
• 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 interpreter service for trained and competent interpreters,
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.
• Establish a linkage between minority community -based organizations for assistance
in cultural understanding and interpretation services.
• Post and maintain signs in waiting rooms, reception 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
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
14
City of Orange
Limited English Proficiency (LEP) Plan
August 2015
temporarily employing a qualified interpreter who can communicate in the
appropriate language.
• Notices and information that are generally available to the public will be made
available to identified LEP populations.
• Establish uniform procedures for timely and effective telephone communication
between staff and LEP persons. This 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 brochures,
booklets, outreach and recruitment information and other materials that are
routinely disseminated to the public.
• 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, is provided by City Personnel. Staff training may 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;
• Familiarity with Disability Awareness, Ethics, Civil Rights and Conflict
Management issues.
This LEP plan will be distributed to all staff assigned at public counters.
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 are free of
charge.
15
City of Orange
Limited English Proficiency (LEP) Plan
August 2015
• Staff will inform LEP persons that language assistance is available and is free of
charge.
VI. MONITORING AND UPDATING THE LEP
A Human Resources representative will periodically 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, faith - communities, and other resources.
VII. 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 Orange Workforce Investment Board.
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.
16
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 on the City of Orange's website
at www.cityoforange.org 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.
Questions or comments about the LEP Plan may be submitted to the Equal Opportunity Officer,
City of Orange, Human Resources Department, 300 E. Chapman Avenue, Orange, California
92866. (714) 744 -7255 or spham @cityoforange.org
17
Attachment A
City of Orange Self Certification Form
(behind this sheet)
18
OCTA PASS - THROUGH GRANTEE
ANNUAL FTA COMPLIANCE SELF - CERTIFICATION
Federal Fiscal Year 2015 -2016
Sub - grantee: City of Orange
Grant No.(s): C -2 -2065
Project Description: Metrolink Parking Structure at the Orange Transportation Center
The following declarations and information are hereby provided related to the above -
referenced FTA- funded project during the past fiscal year:
GENERAL CERTIFICATIONS (to be completed by all sub - grantees)
A. Financial
1. Do you have the financial capacity to match FTA grant funds /FTA funded grant
projects? Yes X No
2. Are your invoices being properly recorded and sent to OCTA by a supervising
project manager with knowledge of FTA Compliance? Yes X No
3. Are indirect costs being charged to grants? Yes No X
a. If yes, do you have a cost allocation plan to support indirect administrative
costs related to a grant program? Yes No
4. Have annual single audits been conducted? Yes No
If yes, please supply a copy to OCTA.
5. Are there any unresolved compliance issues in the single audits conducted in the
past three (3) years? Yes No
6. Have any internal, state, or local government audit reports had findings relating to
FTA program requirements? Yes No X
If Yes, please supply a copy to OCTA
B. Satisfactory Continuing Control
1. Did you make incidental use of any FTA- funded real property? Yes_ No X
a. If yes, was FTA approval obtained? Yes_ No_
19
2. Do you maintain continuing control over the property? Yes X No_
3. Is revenue generated used for transit purposes? Yes_ No X
C. Procurement
1. Do you have procurement policies and procedures that conform to applicable
federal laws? Yes X No
2. Do any potential conflicts of interest exist between policy board
members /employees and consultants /vendors /suppliers or between a
management contractor and consultants /vendors /suppliers? Yes No X
3. Do you allow for full and open competition for all transactions under the following
methods of procurement?
a. Micro - Purchases ($2,500 or less) Yes X No
b. Small Purchases (More than $2,500, but not more than $100,000)
Yes X No
C. Sealed Bids /Invitation for Bid (IFB) Yes X No
d. Competitive Proposals /Request for Proposals (RFP) Yes X No
e. Architectural and Engineering Services (A &E) Yes X No
f. Revenue Contracts Yes X No
D. Disadvantaged Business Enterprise (DBE)
1. Did you receive any complaints alleging that you did not comply with the DBE
regulations in the past three (3) years? Yes No _X
2. Did you award a contract to a firm that did not meet specific DBE contract goals?
Yes No X
a. If Yes, how was it determined if "good faith efforts" by the firm were
sufficient?
E. Lobbying
1. Has the grantee included the lobbying clause in all agreements and procurement
solicitations exceeding $100,000? Yes X No
2 Has the grantee used non - federal funds for lobbying activities? Yes No X
a. If yes, have the proper disclosures been made and filed with FTA on standard
form LLL? Yes No
20
3. Have all disclosures been updated quarterly if needed and so reported?
Yes X No
F. Title VI — Civil Rights Compliance
1. Who at your agency is responsible for ensuring Title IV compliance?
Name: Director of Human Resources and Employee Relations
2. Do you have a Title IV complaint procedure and form? Yes X No
3. Have you received any Title VI complaints during the past year?
Yes No X
a. If yes, please explain:
4. Do you have a process for which the public is notified of their right under Title IV
protection? Yes X No
5. How do you provide meaningful access to your services, programs and /or activities
that meets the language need of the individuals who do not read, write or
understand English as their primary language?
Bilingual staff are available to accommodate request for translation as coordinated
through the Director of Human Resources and Employee Relations.
6. What public outreach efforts do you utilize to engage the public in decision -
making planning with regard to your service, activity or program?
Website updates community meetings public notices and social media
G Public Comment Process for Fare and Service Changes
1. Do you have a locally developed process for soliciting and considering public
comments prior to a fare increase or major service reduction?
N/A Yes No
2. Have you raised a fare or carried out a major reduction in service in the past three
(3) years? N/A Yes No
a. If Yes, describe briefly:
H Americans with Disabilities Act (AD A)
1. Have you received any ADA- related complaints during the past year?
Yes No X
21
I. Safety and Security
1. Do you have a written policy on safety signed by the General Manager or the
Board of Directors Chairperson? N/A Yes No
2. Do you have a written system safety program plan (SSPP) for its transit services?
N/A Yes No
J. Drug -Free Workplace
1. Have you established a drug -free workplace according to state and federal
requirements? Yes X No
2. Has any employee reported to you a criminal conviction for a drug statute
violation that occurred in the workplace? Yes No X
a. If yes, was the FTA notified? Yes No
K. Drug and Alcohol Program
1. Do you and /or your contractors and subcontractors have a drug and alcohol
testing program for safety sensitive employees as defined by FTA?
Yes X No
2. Do you and /or your contractors and subcontractors conduct the following drug
and alcohol tests:
L Pre - Employment (drugs only)? Yes X No
ii. Random? Yes No X
iii. Post - Accident? Yes X No
iv. Reasonable suspicion? Yes No X
V. Return to duty? Yes No X
vi. Follow -up? Yes No X
2. Do you and /or your contractors and subcontractors use drug testing laboratories
certified by the U.S. Department of Health and Human Services (DHHS)?
Yes X No
22
L. Equal Employment Opportunity (EEO)
1. Who at your agency is responsible for ensuring that EEO obligations are fulfilled?
Director of Human Resources and Employee Relations
2. Have you received any EEO complaints during the past three (3) years?
Yes No X
M. Technical
1. How do you monitor contractors /lessees to ensure compliance with FTA
requirements? Include in contract documents.
II FACILITY CERTIFICATIONS (to be completed only for facility projects, i.e. transit centers, bus
shelters, etc.)
A. Satisfactory Continuing Control
1. Did you dispose of any FTA- funded real property or equipment? N/A
If yes, please attach a list of the property /equipment disposed of to this form.
2. Was any real property or equipment removed from public transit service before
the end of its service life? N/A
If yes, was FTA notified? Yes No
B. Maintenance
1. Do you have a current written maintenance plan for your federally funded facilities
and equipment? N/A
2. Does the plan include a program of inspections and preventative maintenance
activities to ensure that assets are protected from deterioration and reach their
maximum useful life? N/A
3. Does the maintenance plan prescribe a record keeping system for permanently
recording the maintenance history of the equipment /facility?
N/A
4. Are your federally funded facilities /equipment being maintained on time and in
accordance with your maintenance plan? N/A
23
C. Procurement
1. Have all construction contracts greater than $2,000, incorporated the
Davis -Bacon Act Requirements? N/A
2. Have you included a Buy America provision for all procurement of steel, iron and
manufactured products, except products with a waiver or small purchases of
$100,000 or less? N/A
3. Have you obtained and retained Buy America certifications from successful
vendors for purchases of more than $100,000? N/A
III VEHICLE CERTIFICATIONS (to be completed only for rolling stock procurements, i.e. paratransit
vehicles, buses, support vehicles, etc.)
A. Satisfactory Continuing Control
1. Do you have equipment records that provide the following information: N/A
i.
Description?
Yes
No
ii.
I.D. Number?
Yes
No
iii.
Acquisition date?
Yes
No
iv.
Cost?
Yes
No
V.
Federal percentage?
Yes
No
vi.
Grant Number?
Yes
No
vii.
Location?
Yes
No
viii.
Use and condition?
Yes
No
ix.
Disposition action?
Yes
No_
x.
Vested title?
Yes
No_
2. Did you dispose of any FTA- funded real property or equipment?
N/A Yes No
If yes, please attach a list of the property /equipment disposed of to this form.
4. Was any real property or equipment removed from public transit service before
the end of its service life? N/A Yes No
If yes, was FTA notified? N/A Yes No
5. Do you have any federally funded equipment that is operated by contractors?
N/A Yes No
If yes, do you maintain control of the equipment? Yes No
24
6. Please update the attached list of all FTA- funded equipment with the current
odometer reading for each of your vehicles listed. N/A
Maintenance
1. Do you or your contractor have a current written vehicle maintenance plan for
your federally funded rolling stock? N/A
2. Is the written maintenance plan you use consistent with the manufacturer's
minimum maintenance requirements for vehicles under warranty? N/A
3. Are your vehicle preventative maintenance inspections completed on time and
consistent with your established maintenance plan? N/A
3. Are maintenance procedures for wheelchair lifts and other accessibility equipment
included in your maintenance plan and preventative maintenance inspections?
N/A
4.
5. Are lifts and accessibility features repaired promptly as required by the DOT ADA
regulations? N/A
C. Procurement
1. Have you included a Buy America provision for all procurement of steel, iron and
manufactured products, except products with a waiver or small purchases of
$100,000 or less? Yes X No
2. Have you obtained and retained Buy America certifications from successful
vendors for purchases of more than $100,000? Yes X No
By signing below, I, on behalf of the aforementioned sub - grantee, declare that the information provided
within this certification is true and correct to the best of my knowledge and that I am authorized to
make this declaration on behalf of my agency.
Signature
Date
Print Name
Title
25
By signing below, I, as the aforementioned sub - grantee's contractor, declare that the information
provided as it pertains to my operations for said sub - grantee is true and correct to the best of my
knowledge and that I am authorized to make this declaration on behalf of my firm.
Signature
Agency /Company Name
Date
26
Attachment B
City Manager Authority
(behind this sheet)
CITY COUNCIL MINUTES AUGUST 11, 2015
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.24 RESOLUTION NO. 10876 (A4000.0)
NOTE: Councilmember Alvarez recorded a "No" vote for this item to remain consistent
with his previous vote on this issue.
A Resolution of the City Council of the City of Orange Approving Appeal No. 0539 -15
from the Planning Commission Denial of the Conditional Use Permit No. 2960 -14, thereby
permitting the sale of Alcoholic Beverages (Type 41 — Beer and Wine) at the Century
Movie Theatres, located at 1701 W. Katella Ave.
ACTION: Approved.
3.25 RESOLUTION NO. 10884 (P2500.0.9)
NOTE: Councilmember Alvarez recorded an abstention due to a nearby property interest.
A Resolution of the City Council of the City of Orange Approving its Title VI Plan of the
Civil Rights Act to comply with Federal Transit Administration (FTA) funding for
construction of the Orange Metrolink Parking Structure.
ACTION: Approved.
3.26 RESOLUTION NO. 10885 (A2100.0 Agr -6254)
NOTE: Councilmember Alvarez recorded an abstention due to a nearby property interest.
A Resolution of the City Council of the City of Orange approving the award of contract
and authorizing the execution of a Professional Services Agreement with Convergint
Technologies for Bid No. 145 -61 for the design and installation of the Metrolink Orange
Transportation Center Video Surveillance System.
ACTION: Approved Resolution 10885 and authorized the Mayor to execute and the City
Clerk to attest the agreement on behalf of the City.
MOTION
— Murphy
SECOND
— Whitaker
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Councilmember Alvarez recorded a "No" vote on Item 3.24 and an abstention on Items
3.25 and 3.26. Item 3.23 was removed from the Consent Calendar and heard separately.
All other items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
PAGE 8