HomeMy WebLinkAbout55C - RESO - TITLE VI CALTRANSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 19, 2017
TITLE:
ADOPT THE RESOLUTION APPROVING
THE TITLE VI PLAN UPDATE REQUIRED
BY CALTRANS
{STRATEGIC PLAN NO. 5,6E)
CWY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 181 Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt a resolution approving the Title VI plan update and authorize its submittal as required by
Caltrans.
DISCUSSION
On May 6, 2014 the City adopted a resolution to approve the Title VI plan. At the time the plan was
a requirement to secure a Caltrans award for two compressed natural gas energy efficient vehicles.
These vehicles are used by the City for the Senior Mobility Program.
The purpose of the Title VI plan is to show that the City assures that no person on the grounds of
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 will be excluded from participation in, be denied
the benefits, or be otherwise subjected to discrimination under any program or activity.
Caltrans has requested an updated Title VI plan and resolution authorizing the approval of the plan
by the City Council.
STRATEGIC PLAN ALIGNMENT
Approval of this item allows the City to meet Goal #5 - Community Health, Livability, Engagement &
Sustainability, Objective #6 (Focus projects and programs on improving the health and wellness of
all residents), Strategy E (Expand Senior Center programming to provide greater enrichment and
explore activities in art, culture and health).
FUNDING
There is no fiscal impact associated with this action.
55C-1
Adopt the Resolution Approving the
Title VI Plan Update
December 19, 2017
Page 2
Gerardo Mouet
Executive Director
Parks, Recreation and Community
Services Agency
EXHIBIT: 1. Resolution
55C-2
LAR 12.19.17
RESOLUTION NO. 2017 -XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA APPROVING THE TITLE VI
COMPLIANCE PLAN AND AUTHORIZING ITS
SUBMITTAL TO THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION FOR THE FEDERAL TRANSIT
ADMINISTRATION SECTION 5310 ELDERLY AND
DISABLED SPECIALIZED TRANSIT GRANT PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA
AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds,
determines and declares as follows:
A. The City of Santa Ana applied for and was awarded a grant from the
California Department of Transportation ("Caltrans') for the Federal Transit
Administration Section 5310 Elderly and Disabled Specialized Transit Grant
Program for the period March 12, 2014 through March 31, 2019, to replace
the existing gasoline powered vans used for the Seniors on the Go Program
with compressed natural gas powered vans.
B. In 2014, the City Council of the City of Santa Ana approved a Resolution
adopting its Title VI Compliance Plan. Title VI prohibits exclusion from
participation in and denial of benefits of, and otherwise being subjected to
discrimination on the basis of race, color or national origin by any program or
activity receiving Federal financial assistance.
C. The Federal Transit Administration Guidelines require that direct and
primary recipients document their compliance by submitting a Title VI
Program to their Federal Transit Administration regional civil rights officer
once every three years and requires governing body approval of the
Program/Plan.
D. The City hereby approves the attached updated Title VI Pian, and
authorizes its submittal to Caltransas required for compliance
with the grant certifications for the Federal Transit Administration Section
5310 Elderly and Disabled Specialized Transit Grant Program through the
State of California -Department of Transportation.
Section 2. The City Council of the City of Santa Ana hereby approves the
attached updated Title VI Plan, and authorizes its submittal to Caltrans as required
for compliance with the grant certifications for the Federal Transit Administration
Resolution 2017 -XXX
Page 1 of 2
55C-3
Section 5310 Elderly and Disabled Specialized Transit Grant Program through the State
of California Department of Transportation.
Section 3. The City Council hereby reaffirms its, authorization of the Executive
Director of the Parks, Recreation and Community Services Agency to implement the
components of the Plan in order to meet Federal requirements.
Section 4. This Resolution shall take effect immediately upon its adoption
by the City Council, and the Clerk of the Council shall attest to and certify the vote
adopting this Resolution.
ADOPTED this day of December, 2017.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia Carvalho, City Attorney
ByL'rt l
Laura A. Rossini
Senior Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2017- to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date:
Maria D. Huizar
Clerk of the Council
City of Santa Ana
Resolution 2017 -XXX
Page 2 of 2
55C-4
r
CITY OF SANTA ANA
PARKS, RECREATION AND
COMMUNITY SERVICES AGENCY
TITLE Vt PLAN'
November2017
55C-5
CITY OF SANTA ANA — PARKS. RECREATION AND
COMMUNITY SERVICES AGENCY
TITLE VI PLAN
1'ndex,
ITEM...............................................................::........::............................................................................ PAGE
Noticeto the Public............................................................................:........................................................ 2
Noticeto the Public Locations..................................................................................................................3-A
ComplaintProcedures........................................................................................................................................4
ComplaintForm.................................................................................................................................................6
List of Transit -Related Title VI investigations, complaints and lawsuits ........ :.............................................. 9
Public Participation Plan ...................... :...............................................
Limited English Proficiency Plan...........................................................
Safe Harbor Provision.........................................................................
Boards and Commissions..................................................................................
Environmental and Transportation Advisory Committee
55C-6
........................................ '10
........................................ 14
............................ 17
............................ 21
.................................. 2 2
NOTICE TO PUBLIC
CITY OF SANTA ANA
RIGHTS UNDER TITLE VI
The City of Santa Ana 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 Santa Ana's nondiscrimination obligations, please contact the
City's Equal Opportunity Officer by mail, telephone or email using the information below:
Equal. Opportunity Officer
Jennifer Sommers
City of Santa Ana
20 Civic Center Plaza, M-24
Santa Ana, CA 92701
(714) 647-5348
jsommers@santa-ana.org
If you believe you have beeh excluded from participation in, been denied the benefits of, or been "subjected
to discrimination under this City of Santa Ana 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 the number above:
• Title VI Complaint Procedures
• Title VI Complaint Form
Si se necesita la informaci6n en espanol, favor de Ilamar a Maribel Carmona, telefono'(714) 647-
5353.
If information is needed in another language, please contact Ms. Sommers at (714) 647-5348
*(This Notice is posted on the City's Website, on oll City break room bulletin boards, and at the City of Santa
Ana W/O/RIK Center)
55C-7
2
CIUDAD DE SANTA ANA
DERECHOS BAJO TITULO VI
La Ciudad de Santa Ana da aviso al publico de su politica para asegurar el pleno 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 participar an, ser negado los beneficios de, o ser sujeto a
discriminacion bajo cualquier programa o actividad que reciba asistencia federal financiera."
Para obtener informacion adicional acerca de las obligaciones de la Ciudad de Santa Ana de no
discriminar, por favor comuniquese con la Oficial de Igualdad de Oportunidades de la Ciudad por
correo, telefono o correo electronico utilizando la siguiente informacion:
Oficial de Igualdad de bportunidades
Sra. Jennifer Sommers
Ciudad de Santa Ana
20 Civic Center Plaza, M- 24
Santa Ana, CA 92701
(714)647-5348
Iso mme rs(aisanta-ana. o rq
Si usted cree que ha sido excluido de participar, se le ha negado los beneficios de, o ha sido sujeto a
discriminacion on un programa de la Ciudad de Santa Ana, usted puede presentar una queja oficial
bajo el Titulo VI con la Oficial de Igualdad de Oportunidades. Le sugerimos a presentar su queja por
escrito. Su queja se debe presentar dentro de los 180 dias despues de la fecha de la supuesta
discriminacion.
Los Procedimientos de Quejas del Titulo VI y el Formulario de Quejas se pueden obtener Hernando al
numero de arriba:
..Procedimientos de Quejas del Titulo VI
c Formulario de Quejas del Titulo VI
Si se necesita mas Informaci6n en espanol, favor de Ilamar a Mary Kelley, telefono (714) 647-5347.
Si se necesita informacion en otro idioma, por favor comunicarse con la Sra. Sommers al (714)
647-5348
(Este aviso sera publicada en la pagina de internet de la Ciudad, en todas las salas de descanso,
sobre los tableros de boletines de la ciudad, y en el W/O/R/K Center de la Ciudad de Santa Ana).
55C-8
3
NOTICE TO PUBLIC
LOCATIONS
GOVERNMENT FACILITIES
City Hall, Personnel Services Department - 5'' floor
20 Civic Center Plaza
Santa Ana, CA 92701
City Hall, PRCSA - Ross
Annex - 211 floor
20 Civic Center Plaza
Santa Ana, CA 92701
Work Center at Santa Ana Regional Transportation Center - 2nd floor
1000 E. Santa Ana Blvd., Suite 200
Santa Ana, CA 92701
Ross Annex - 15` floor
20 Civic Center Plaza
Santa Ana, CA 92701
CENTERS
EI Salvador Recreation Center
1825 W. Civic Center Dr.-
Santa
r.Santa Ana, CA 92703
Garfield Community Center
501 N. Lacy Street
Santa Ana -CA 92701
Jerome Recreation Center
726 S. Center St.
Santa Ana, CA 92704
Logan Recreation Center
1009 N. Custer St.
Santa Ana, CA 92701
Memorial Recreation Center
2102 S. Flower St.
Santa Ana, CA 92707
Salgado Community Center
706 N. Newhope Ave.
Santa Ana, CA 92703
SENIOR CENTERS
Santa Ana Senior Center
424 W -3rd Street
Santa Ana, CA 92701
Southwest Senior Center
2201 W. McFadden Avenue
Santa Ana, CA 92704
5EPO-9
CITY OF SANTA ANA — PARKS. RECREATION AND
COMMUNITY SERVICES AGENCY
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 Santa Ana, Parks Recreation and Community Services Agency, 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 Santa Ana 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. A Title VI Complaint Form can be obtained by calling (714) 647-5348 or by downloading the form
from our website at www.santa-ana.ore. 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).
• 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 Santa Ana 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:
55C-10
4
Equal Opportunity Officer
Ms. Jennifer Sommers
City of Santa Ana
20 Civic Center Plaza, M-24
Santa Ana, CA 92701
(714) 647-5348
isommers(@santa-ana.org
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 a ck n owl e d ge m e n l e tt e r i n f o r m i n g
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 investigation 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 closure 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, she or he has 30 days after the date of the letter to
do so. Complainant may contact the Federal Transit Administration, Regional Civil Rights Officer, 90
7th Street, Suite 15-300, San Francisco, CA 94103, (415) 734-9490, Fax - (415) 734-9489.
8. A person may also file a Title IV complaint, no later than 180 days after the date of the alleged
discrimination, directly to the Federal Transit Administration, Office of Civil Rights, Attention:
Complaint Team, 1200 New Jersey Avenue., SE, Washington, DC 20590.
55C-11
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CITY OF SANTA ANA 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 Santa Ana, 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 Santa Ana provides.
SECTION I
Name
Mailing Address
Telephone Numbers (Home) (Mobile)
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 II/
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:
55C-12
6
CITY OF SANTA ANA
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):
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.
of State court? Yes No
Federal Agency: Date:
Federal Court:- Date:
State Agency: Date:
State Court: Date:
Local Agency: Date:
55C-13
7
SECTION V
What remedy are you seeking forth 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 ANDTODAY'S DATE ARE REQUIRED BELOW:
Signature Date
Please submit this completed form in person, or mail the form to: Jennifer Sommers, Title
VI - Equal Opportunity Officer, City of Santa Ana, 20 Civic Plaza, M-24, Santa Ana, CA 92701.
Please make a copy for your records.
November 2017
55C-814
CITY OF SANTA ANA
TITLE VI
LIST OF TRANSIT -RELATED INVESTIGATIONS, COMPLAINTS, AND LAWSUITS
The City of Santa Ana currently does not have any investigations, complaints or lawsuits with regards to
Civil Rights Violations.
November 2017
55C-15
CITY OF SANTA ANA
TITLE VI - PUBLIC PARTICIPATION PLAN
PURPOSE
The City of Santa Ana'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 will be developed to seek
information about personal transportation and the most effective channels of communication for the City
to engage the citizenry.
The survey tool will be used to solicit input for the Public Participation Plan. The survey will be posted on
the City of Santa Ana website, and distributed at neighborhood and community meetings. Cognizant of
individuals with limited English Proficiency, the survey will be developed at a fourth grade reading level
and translated into both Spanish and Vietnamese.
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. Identifythe most appropriate methods for reachingthe public.
2. Determine what non-English languages and other cultural barriers exist to public
participation within the Santa Ana 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.
55C-16
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CITY OF SANTA ANA
TITLE VI - PUBLIC PARTICIPATION PLAN
IDENTIFICATION OFSTAKEHOLDERS
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 324,538 residents in the Santa Ana area (U.S. Census, 2010). Around 78.2
percent are persons of Hispanic or Latino origin. 46 percent of the population consider themselves to be
White; 10.5 percent reported as Asian; 1.5 percent is Black persons; and 1 percent is American Indian and
Alaska Native persons. 82 percent indicated they spoke a language other than English at home.
Low-income: Low-income households (below poverty level) account for 18% of all households in Santa
Ana 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.
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.
Newsletters:
Quarterly newsletters will 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 i I I 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
will offer a user-friendly structure and linguistic style understandable to lay people interested in projects
and the planning process. In addition, the website will be developed
55C-17
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CITY OF SANTA ANA
TITLE VI - PUBLIC PARTICIPATION PLAN
CITY OF SANTA ANA
TITLE VI - PUBLIC PARTICIPATION PLAN
following the guidelines of Section 508 of the Rehabilitation Act, so that it is able to accommodate
disabled users.
Social Media:
The City will utilize common social media forums (Facebook, Twitter, -Nixie, etc.) to disseminate project
information.
Public Notices:
The City will 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 will 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 an annual basis, the City will 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 (PPPI
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, Spanish and Vietnamese languages.
For project information, please contact:
Parks, Recreation and Community Services
Agency
Jeannie Jurado
20 Civic Center Plaza — M23
Santa Ana, CA 92807
(714) 571-4251
liurado@santa-ana.org
55C-18
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CITY OF SANTA ANA
TITLE VI - PUBLIC PARTICIPATION PLAN
For PPP information, please contact:
Personnel Services Department
Jennifer Sommers
20 Civic Center Plaza — M24
Santa Ana, CA 92807
(714) 647-5348
0sommers@santa-ana.orP
November 2017
55C-19
13
City of Santa Ana
Limited English Proficiency (LEP) Plan
November 2017
.09�49A;pT
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CITY OF SANTA ANA
Limited English Proficiency (LEP) Plan
TITLE VI
I. PURPOSE
To establish guidance for the City of Santa Ana 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 Santa Ana'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)
55C-20
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City of Santa Ana
Limited English Proficiency (LEP) Plan
November 2017
III. 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 shall be subjected to discrimination on 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 of the correspondence 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.
IV. 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 Santa
Ana. City staff will make designated publications available in languages other than English and provide
interpretation/translation services to persons who are not proficient in English.
The City will take reasonable steps to ensure that 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.
V. FOUR FACTOR ANALYSIS
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 $200,000 grant to purchase two fuel-efficient shuttle buses for the
City's Seniors on the Go Transportation Program. This program will offer transportation to and from
the seniors' home to both of the City's Senior Recreation Centers.
Transportation will not be provided to the general public, therefore, an analysis of public demographic
55C-21
15
City of Santa Ana
Limited.English Proficiency (LEP) Plan
November 2017
data in the City of Santa Ana does not represent actual populations served by this program, but is
offered for comparison purposes only. In order to prepare this plan, the City of Santa Ana undertook
an analysis that considers the following factors:
1. The number or proportion of LEP persons in the service area who maybe served by the City.
City staff reviewed the 2010 U.S. Census to determine the approximate number of LEP persons age
5 years and older in the City of Santa Ana.
RACE
White
Black
Amer Ind/Alaskan
Asian
Native Haw/Pac Isl
Hispanic/Latino (a)
(a) Hispanics may be of any race
TOTAL POPULATION
148,938
4,856
3,260
34,158
976.
253,928
POPULATION PERCENTAGE
45.9
1.5
1.0
10.5
0.3
78.2
City staff also reviewed the 2010 U.S. Census to determine that 82% of the City population (266,121
LEP speakers) spoke a language other than English at home. This meets the Department of Justice
(DOJ) Safe Harbor provision of "every 1000 speakers or five % of the population; whichever is less.
In the County of Orange, 367,299 Spanish-speaking residents speak English "less than very well"
(49%) and 100,797 Vietnamese -speaking residents speak English "less than very well" (61.8%).
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. However, approximately 90% of the
residents that participate in activities at the two Senior Recreation Centers on a monthly basis
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 Seniors on the Go Transportation Program is to provide transportation
for residents 60 years of age and older, to and from the City's Senior Centers and provide weekly
shopping trips to local stores and mini -excursions to various area attractions. 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 senior adults.
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
(Personnel Services, Parks, Recreation & Community Services Agency, Police, and Community
Development Agency). The City updated its website with the capability to translate information
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into 80 different languages. All of the City's public counters are staffed with bilingual speakers for
the two most common languages requested in the City of Santa Ana, Spanish and Vietnamese.
Costs for marketing materials and translation of documents for outreach are minimal and have not
been quantified.
S. Summary
Based on the four -factor analysis, the City of Santa Ana has identified the language needs and
services required to provide meaningful access to information for the LEP residents of Santa Ana.
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.
VI. 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 a 3 -year period.
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%) or 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 recipient's written translation obligations. Translation of noh-vital documents, if needed,
can be provided orally. If there are fewer than 50 persons in a language group that reaches the five
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 though 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 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
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provided to FTA in the Title VI Program.
B. Language Assistance Measures
Staff will continue to 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 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 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 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 (e.g., a flyer in Vietnamese should refer the caller to -a hotline with
Vietnamese -speaking workers).
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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 includes:
• 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;
• Familiaritywith 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.
• Staff will inform LEP persons that language assistance is available and is free of charge.
VII. MONITORING AND UPDATING THE LEP
In July of each year, a Personnel Services representative 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,
faith -communities, and other resources
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VIII. DEFINITIONS
Limited -English -Proficient Persons: Individuals with a primary or home language other than English
who must, due to limited fluency in English, communicatein 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 Santa Ana 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.
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 Santa Ana's website @
www.santa-ana.ore. 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 Santa
Ana, Personnel Services Department, 20 Civic Center Plaza, M-24, Santa Ana, CA 92701, (714) 647-5348, Fax
(714) 647-6930 orjsommers@santa-ana.org.
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'TITLE VI
CITY OF SANTA ANA
BOARDS AND COMMISSIONS
According to the 2010 U.S. Census, the City of Santa Ana's minority race/ethnic breakdown is as follows:
Black 1.5%
American Indian and Alaska Native 1.0%
Asian 10.5%
Native Hawaiian and Other Pacific Islander 0.3%
Hispanic or Latino 78.2%
Through its website, the City encourages residents to become involved in their community by
participating on Boards, Commissions and Committees. The City accepts applications for Boards,
Commissions and Committees, on an ongoing basis and keeps them active for a two-year period.
The Maddy Act requires that the City of Santa Ana post one time per year by December 31st, all upcoming
vacancies (Local Appointment List). This Notice includes current members of City Boards and
Commissions, the title of Boards and Commissions with vacancies, term expiration dates, and the process
to apply for Boards and Commissions. This Notice is available in Spanish, Vietnamese, Korean and
Chinese.
Additionally, when a vacancy occurs, notices are posted in three physical locations (Council Chambers,
Office of the Clerk of the Council, and the Santa Ana Library). A Notice is posted oil the City's website as
well. The applications of individuals who have applied in the past two years are reviewed and notification
is made to interested individuals according to the Ward in which they reside.
Most recently, a press release was sent to individuals residing in two of the Council Wards. This notice
was area -specific to encourage members of the public and minorities to apply for the available Board and
Commission representing these specific locations.
November 2017
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CITY OF SANTA ANA— PARKS, RECREATION AND COMMUNTY SERVICES
AGENCY ENVIRONMENTAL AND TRANSPORTATION ADVISORY
COMMITTEE
The Public Works Agency is the liaison agency for the Environmental and Transportation
Advisory Committee (ETAC), who act as an advisory body to the City Council in reviewing
Environmental Issues which include water resources, recycling, trash collection and urban
forestry, and transportation issues such as traffic lights, transportation systems, traffic
circulation, medians, speed humps, and neighborhood traffic protection plans.
ETAC is comprised of ten members: seven regular members; one Santa Ana Chamber
of Commerce Representative, one Hispanic Chamber of Commerce of Orange County
representative, and one student representative.
Members must be a qualified elector of the City of Santa Ana and cannot be a treasurer
of a Political Action Commission. The two Chamber representatives are nominated by
the respective Chamber of Commerce and are appointed by the City Council.
MEMBER
Vacant
Michael Macres
Gilad Salmon
Bruce Bauer
Carl Benninger
Michael Gonzalez
Vacant
)auelle C. McLoughlin
Vacant
Fred Mousavipour
William Galvez
L. Ortiz
REPRESENTING
Mayor of Santa Ana
City Council Ward #1
City Council Ward #2
City Council Ward #3
City Council Ward #4
City Council Ward #5
City Council Ward #6
Santa Ana Chamber of Commerce
Hispanic Chamber of Commerce of Orange County
City of Santa Ana/Public Works Agency, Executive Director
City of Santa Ana/Public Works Agency, City Engineer
City of Santa Ana/Public Works Agency, Executive Secretary
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