17-E
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Len Gorecki, Assistant City Manager/Director of Public Works Bernardo Iniguez, Public Works Manager
SUBJECT: Consideration and possible action to adopt Resolution No. 22-70 – A Resolution approving the 2022 City of Bellflower Transit Services Title VI Program.
DATE: December 12, 2022
EXECUTIVE SUMMARY
This action would approve the 2022 City of Bellflower Transit Services Title VI Program in accordance with the Civil Rights Act of 1964, U.S. Department of Transportation (DOT), and the federal Transit Administration (FTA) regulations, which prohibit discrimination on the basis of race, color, or national origin.
RECOMMENDATION TO CITY COUNCIL
1) Adopt Resolution No. 22-70; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
None.
DISCUSSION
Title VI of the Civil Rights Act of 1964 (the Act) 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 funds.”
As a recipient of federal funds, the City of Bellflower (City) is required to comply with the requirements of the Act. DOT and FTA regulations require the City to prepare and submit a Title VI Program to the City Council for approval every 3 years. The first Title VI Program was approved on August 11, 2014 and was updated on July 11, 2016. The most recent 3-year update was approved on October 28, 2019.
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Staff Report – Transit Services Title VI Program
December 12, 2022
DISCUSSION – Continued
The Public Works Department has prepared the attached 2022 City of Bellflower Transit Services Title VI Program Update in collaboration with the Parks and Recreation Department and the Los Angeles County Metropolitan Transit Authority using data from the 2020 U.S. Census. The Title VI Program will be made available on the City’s website and at the Simms Park Administration Office.
Since the City’s transit services are managed by the Parks and Recreation Department, that Department will be responsible for implementing the City’s Title VI Program, including:
1. Informing members of the Public of their Title VI protection rights by several means, including posting of a Title VI Notice to the Public, including bilingual complaint procedures (in English and Spanish); and
2. Investigating and tracking the Title VI complaints filed against the City.
The Parks and Recreation Manager will serve as the City’s Title VI Transit Compliance Coordinator.
The City will be required to update the Title VI program again in 2025.
ATTACHMENT
Resolution No. 22-70....................................................................................................... 3
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CITY OF BELLFLOWER
RESOLUTION NO. 22-70
A RESOLUTION APPROVING THE 2022 CITY OF BELLFLOWER
TRANSIT SERVICES TITLE VI PROGRAM
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. The City Council finds and declares as follows:
A. Pursuant to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, et seq (“the Act”) and 49 CFR Part 21, the U.S. Department of Transportation (DOT), and the federal Transit Administration (FTA) prohibit discrimination on the basis of race, color or national origin;
B. Pursuant to FTA Circular 4702.1B, the City is required to prepare and submit a Title VI Program to the City Council for approval once every three years; and
C. The purpose of the Title VI Program is to ensure the City’s transit service programs, policies and activities comply with the Act and DOT’s Title VI Regulations, and with Limited English Proficient (LEP) Persons requirements (70 FR 74087, December 14, 2005).
SECTION 2. The City Council of the City of Bellflower approves the 2022 City of Bellflower Transit Services Title VI Program, dated October 28, 2022, attached as Exhibit A, and incorporated by reference.
SECTION 3. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.
SECTION 4. To the extent that any other resolution pertaining to the approval of a Title VI program is incorporated into this Resolution, it is superseded in its entirety.
SECTION 5. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest thereto.
SECTION 6. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature. -3-
City of Bellflower
Resolution No. 22-70
SECTION 7. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 12th DAY OF DECEMBER 2022.
________________________________
Ray Dunton, Mayor
ATTEST:
________________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
Attachment:
Exhibit A - 2022 City of Bellflower Transit Services Title VI Program -4-
CITY OF BELLFLOWER
TRANSIT SERVICES
TITLE VI PROGRAM
Reference: FTA Circular 4702.1B Title VI Requirements and Guidelines for Federal Transit Administration (FTA) Recipients (October 1, 2012).
INTRODUCTION
The purpose of this Title VI Program is to establish guidelines to effectively monitor and ensure that the City of Bellflower’s (City’s) transit services are in compliance with FTA Title VI requirements.
Title VI states 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.” The FTA is required to ensure that federally-supported transit services and related benefits are provided consistent with Title VI. The Title VI Report requires an update every three years.
The City will ensure that its programs, policies and activities comply with Department of Transportation’s (DOT’s) Title VI Regulations (49 CFR Part 21) and with Limited English Proficient (LEP) Persons requirements (70 FR 74087, December 14, 2005). The City is committed to creating and maintaining a public transportation system that is free of all forms of discrimination. The City will take necessary preventive corrective and disciplinary actions to stem behavior that violates this policy or the rights and privileges it is designed to protect. FTA requires recipients to document compliance with DOT Title VI regulations by submitting a Title VI Program to LACMTA (Metro) once every three years.
TITLE VI REQUIREMENTS
1. Requirement to Notify Beneficiaries of Protection under Title VI. In order to comply with 49 CFR, Section 21.9(d), the City must provide information to the public regarding the City’s obligations under DOT’s Title VI regulations and apprise members of the public of the protections against discrimination afforded to them by Title VI.
The City informs members of the public of their Title VI protection rights by several means, including posting of a Title VI Notice to the Public (Exhibit A) which includes bilingual complaint procedures. A list of locations where notices will be posted is included in Exhibit A. The City also provides a bilingual complaint form (Exhibit C).
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City of Bellflower – Transit Services
Title VI Program – October 28, 2022
2. Requirement to Develop Title VI Complaint Procedures and Complaint Form.
The City is required to develop procedures for investigating and tracking Title VI complaints filed against the City and to make these procedures for filing a complaint available to the general public. The complaint procedures, attached as Exhibit B, and incorporated by reference, will be made available on the City’s website.
City of Bellflower Title VI Complaint Procedures
• Submission of Complaint: If a customer believes he/she has received discriminatory treatment from the City of Bellflower’s transit services on the basis of race, color or national origin, the customer may file a complaint with the Title VI Transit Compliance Coordinator. The complaint must be filed not later than sixty (60) calendar days of the alleged discriminatory incident. Title VI complaint procedures included in Exhibit B are in both English and Spanish.
• Investigation of Complaints:
Upon receipt of the complaint, the Compliance Coordinator will begin an investigation. The investigation may include discussion(s) of the complaint with all affected parties to determine the problem. Based upon the information received, the Compliance Coordinator will prepare an investigation report for submittal to the Parks & Recreation Director. The complainant will receive a letter from the Compliance Coordinator stating the final decision within forty-five (45) calendar days of receipt of the complaint.
If more time is needed to review the complaint, the Compliance Coordinator will notify the complainant of the estimated time-frame for completing the review.
Upon completion of the review, the Compliance Coordinator will make a recommendation regarding the merit of the complaint, whether remedial actions are available to provide redress, and whether improvements to the City’s Title VI process are needed.
• Request for Reconsideration
The complainant will be notified of his/her right to appeal the decision. If the complainant disagrees with the Compliance Coordinator’s finding, the complainant may request reconsideration by submitting a written request to the Parks & Recreation Director within 10 calendar days after receipt of the Compliance Coordinator’s response. The complainant must provide a detailed description of items not fully understood. The Parks & Recreation Director will notify the complainant of his/her decision either to accept or reject the request -6-
City of Bellflower – Transit Services
Title VI Program – October 28, 2022
for reconsideration within 10 calendar days. When the Parks & Recreation Director agrees to reconsider the matter, the complaint must be returned to the Compliance Coordinator for re-evaluation in accordance with the “Investigation of Complaint” procedures described above.
• Appeal Process
If the request for reconsideration is denied, the complainant may appeal the Parks & Recreation Director’s response to the complaint by submitting a written request to the Compliance Coordinator. The appeal request will be forwarded to the City Manager for final determination.
• Submission of Complaint to the Department of Transportation If the complainant is dissatisfied with the City’s resolution of the complaint, he or she may submit a complaint to the Department of Transportation for investigation. In accordance with Chapter 9, Complaints, of FTA Circular 4702.1B, such a complaint must be filed within 180 calendar days after the date of the alleged discrimination. Complainants may file complaints at: Federal Transit Administration Office of Civil Rights Attention: Title VI Program Coordinator East Building, 5th Floor – TCR 1200 New Jersey Ave., SE Washington, DC 20590.
3. Requirement to Record and Report Transit-Related Title VI Investigations, Complaints, and Lawsuits. The City is required to prepare and maintain a list of investigations, complaints, or lawsuits that pertain to allegations of discrimination on the basis of race, color, and/or national origin in transit-related activities and programs and that pertain to the entity submitting the report, not necessarily the larger agency or department of which the entity is a part.
The City of Bellflower Title VI Transit Compliance Coordinator will maintain a list of Title VI investigations, complaints, and lawsuits utilizing the form shown in Exhibit D, including a comprehensive summary and description of actions taken by the City, as required by the Title VI regulations The list must include the date that the investigation, lawsuit, or complaint was filed; a summary of the allegations(s); the status of the investigation; lawsuit, or complaint; and actions taken by the City in response, or final findings related to the investigation, lawsuit, or complaint. The list must be included in the City’s Title VI submittal to FTA every three years.
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City of Bellflower – Transit Services
Title VI Program – October 28, 2022
4. Promoting Inclusive Public Participation. The City is required to develop a public participation plan that includes an outreach plan to engage minority and limited English proficient populations, as well as a summary of outreach efforts made since the last Title VI Program submission. The City’s Public Participation Plan is reflected in the “City of Bellflower Transit Services Title VI Limited English Proficiency (LEP) Plan” under “Outreach Techniques.” The City’s public participation activities, public meetings, and participation in community activities are described in the LEP Plan.
5. Requirement to Provide Meaningful Access to LEP Persons. Title VI and its implementing regulations require that FTA recipients take responsible steps to ensure meaningful access to the benefits, services, information, and other important portions of their programs and activities for individuals who are LEP. The City also must have a language assistance plan for providing language assistance to persons with limited English proficiency (LEP).
The City’s Language Assistance Plan is reflected in the City’s LEP Plan and includes language assistance measures. The City’s approach includes a number of options available to LEP persons, including both oral and written language services. Specific details are included in the City’s LEP Plan in Exhibit E.
The Bellflower Bus schedules are posted on the City of Bellflower’s website. The City’s website provides material in both English and Spanish. The City also provides easy access to bilingual (English and Spanish) administrative staff during operating hours to answer questions during their regular shift schedules for those LEP passengers who utilize the City’s bus system.
6. Minority Representation on Planning and Advisory Bodies. 49 CFR Section
21.5(b)(1)(vii) states that a recipient may not, on the grounds of race, color, or national origin, “deny a person the opportunity to participate as a member of a planning, advisory, or similar body which is an integral part of the program.” Recipients that have transit-related, non-elected planning boards, advisory councils or committees, or similar committees, the membership of which is selected by the recipient, must provide a table depicting the racial breakdown of the membership of those committees, and a description of efforts made to encourage the participation of minorities on such committees.
The City currently does not have a committee; therefore, this requirement is not applicable to the City.
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City of Bellflower – Transit Services
Title VI Program – October 28, 2022
7. Determination of Site or Location of Facility: Title VI Equity Analysis. The City did not use FTA funds to construct a transit facility; therefore, this requirement is not applicable to the City.
8. Requirement to Provide Additional Information upon Request. At the discretion of the FTA, information other than that required by the referenced circular, may be requested in writing from a recipient in order to investigate complaints of discrimination or to resolve concerns about possible noncompliance with Title VI requirements.
The City of Bellflower Title VI Transit Compliance Coordinator will be available to provide additional information, as needed, and to respond to any verbal or written complaint.
9. Requirement to Develop System-Wide Standards and Policies. FTA requires all fixed-route transit providers to develop quantitative service standards and policies for their fixed-route service. Individual public transportation providers may set standards that best reflect their local environment.
The City has developed service standards and policies for its fixed-route system, the Bellflower Bus, consistent with Title VI requirements. The standards are included in Exhibit G and include (a) vehicle load; (b) vehicle headway; (c) on-time performance; and (d) service availability. The policies include (a) distribution of transit amenities; and (b) vehicle assignment.
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City of Bellflower – Transit Services
Title VI Program – October 28, 2022
EXHIBIT A
NOTICE TO THE PUBLIC AND LIST OF LOCATIONS
CITY OF BELLFLOWER
Transit Services
Title VI Notice & Complaint Process
The City of Bellflower is committed to ensuring that no person is excluded from participation in or denied the benefits of its services on the basis of race, color, or national origin, as provided by Title VI of the Civil Rights Act of 1964. Any person who believes that he or she has been subjected to discrimination under Title VI on the basis of race, color or national origin may file a Title VI complaint with the City within sixty (60) calendar days from the date of the alleged discrimination.
Complaints may be filed with the City in writing and may be addressed to:
Kristen Smith
Title VI Transit Compliance Coordinator
City of Bellflower
16600 Civic Center Drive
Bellflower, CA 90706
A copy of the Title VI Complaint Form (in English or Spanish) and additional information may be obtained from the City’s web site at “ www.bellflower.org” (under “City Departments – Parks & Recreation Department– Transportation) or by calling (562) 804- 1424, ext. 2267. The City will provide appropriate assistance to complainants who are limited in their ability to communicate in English. You may also file a Title VI complaint with the Federal Transit Administration by filing a complaint with the Office of Civil Rights Attention: Title VI Program Coordinator East Building, 5th Floor – TCR 1200 New Jersey Ave., SE Washington, DC 20590.
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City of Bellflower – Transit Services
Title VI Program – October 28, 2022
CIUDAD DE BELLFLOWER
Servicios de Tránsito
Título VI Noticia y Proceso de Quejas
La Ciudad de Bellflower, se compromete a garantizar que ninguna persona sea excluida de participar o denegar los beneficios de servicios basado por raza, color,linaje u origen nacional, según lo dispuesto en el Título VI de la Ley de Derechos Civiles de 1964.
Cualquier persona que cree que él o ella ha sido objeto de discriminación en virtud del Título VI basado por raza, color u origen nacional puede presentar una queja del Título VI con la Ciudad dentro de sesenta (60) días del calendario a partir de la fecha de la supuesta discriminación.
Las quejas pueden ser presentadas en la Ciudad por escrito y pueden ser dirigidas a:
Kristen Smith
Coordinadora de Conformidad Título VI
Ciudad de Bellflower
16600 Civic Center Drive
BELLFLOWER, CA 90706
Una copia del Título VI Formulario de Queja (en Inglés o Español) y la información adicional se puede obtener desde el sitio web de la Ciudad en “ www.bellflower.org” (en “Departamentos de la Ciudad – Departamento de Parques y Recreación - Transporte) o llamando al (562) 804-1424, ext. 2267. La Ciudad proveerá asistencia apropiada para los denunciantes que sean limitados en su capacidad de comunicarse en inglés. Para obtener más información sobre requisitos del Título VI, también puede presentar una queja con la Oficina de la Administración Federal de Tránsito de los Derechos Civiles, Atención: Coordinador del Programa Título VI, Edificio Este, 5ª Planta - TCR 1200 New Jersey Ave. , SE Washington, DC 20590.
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City of Bellflower – Transit Services
Title VI Program – October 28, 2022
CITY OF BELLFLOWER
TITLE VI
LIST OF LOCATIONS
The following is a list of locations where transit-related bilingual Title VI Public Notices are posted:
City of Bellflower
Simms Park Administration Office
16614 Clark Ave.
Bellflower, CA 90706
• City of Bellflower Web Site
• City of Bellflower City Hall
• City of Bellflower Sheriff’s Substation
• L.A. County Brakensiek Library
• City-owned Fixed-Route Transit and Dial-A-Ride Buses
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City of Bellflower – Transit Services
Title VI Program – October 28, 2022
EXHIBIT B
City of Bellflower
Transit Services
Title VI Complaint Process
The City of Bellflower is committed to a policy of non-discrimination in the conduct of its business, including its Title VI responsibilities, and to the delivery of equitable and accessible transportation services. Any person who believes that he or she has been subjected to discrimination under Title VI on the basis of race, color or national origin may file a Title VI complaint with the City within 60 days from the date of the alleged discrimination.
Complaints may be filed with the City in writing and may be addressed to:
Kristen Smith
Title VI Compliance Coordinator
City of Bellflower
16600 Civic Center Drive
BELLFLOWER, CA 90706
Copies of the Title VI Complaint Form in English or Spanish can be downloaded from the City of Bellflower website at www.bellflower.org .
A copy of the Title VI Complaint Form may also be obtained by calling (562) 804-1424, ext. 2267. The City will provide appropriate assistance to complainants who are limited in their ability to communicate in English.
Title VI Transit Complaint Process
Once a complaint is received, it will be investigated by the Compliance Coordinator. In instances where additional information is needed, the Compliance Coordinator will contact the complainant by phone or in writing. Failure of the complainant to provide the requested information within thirty (30) days may result in the administrative closure of the complaint or a delay in complaint resolution.
Based upon receipt of all the information required, the City will investigate a Title VI complaint within forty-five (45) days of receipt but will notify complainant if additional time is required. Receipt of additional relevant information and/or simultaneous filing of a -13-
City of Bellflower – Transit Services
Title VI Program – October 28, 2022
complaint with the City and an external entity may expand the timing of the complaint resolution.
City of Bellflower Title VI Policy Statement
The City of Bellflower is committed to ensuring that no person is excluded from participation in or denied the benefits of its services on the basis of race, color, or national origin, as provided by Title VI of the Civil Rights Act of 1964, as amended. The City’s objectives are to:
• Ensure that the level and quality of transportation service is provided without regard to race, color or national origin.
• Identify and address, as appropriate, disproportionately high and adverse human health and environmental effects, including social and economic effects of programs and activities on minority populations and low-income populations. • Promote the full and fair participation of all affected populations in transportation decision making.
• Prevent the denial, reduction or delay in benefits related to programs and activities that benefit minority populations or low-income populations. • Ensure meaningful access to programs and activities by persons with limited English proficiency (LEP).
For additional information on the City’s non-discrimination obligations, please contact:
Kristen Smith
City of Bellflower
16600 Civic Center Drive
Bellflower, CA 90706
Phone: (562)804-1424, ext. 2267
For further information on Title VI requirements or to file a Title VI Complaint within 180 days of the alleged discriminatory action, you may contact:
Federal Transit Administration Office of Civil Rights
Attention: Title VI Program Coordinator
East Building, 5th Floor – TCR
1200 New Jersey Ave.
SE Washington, DC 20590.
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City of Bellflower – Transit Services
Title VI Program – October 28, 2022
EXHIBIT C
CITY OF BELLFLOWER
Transit Services
Title VI Complaint Form
The City of Bellflower is committed to ensuring that no person is excluded from participation in or denied the benefits of its services on the basis of race, color or national origin, as provided by Title VI of the Civil Rights Act of 1964, as amended.
The following information is necessary to assist us in processing your complaint. If you require any assistance in completing this form, please contact the Title VI Compliance Coordinator at (562) 804-1424, ext. 2267. The completed form must be returned to City of Bellflower, Title VI Compliance Coordinator, 16600 Civic Center Drive, Bellflower, CA 90706.
Name: ______________________________________________________________ Street Address:________________________________________________________ Phone:_____________________ Alternative Phone:___________________________ Date of Incident:________________________________________________________ Time of Incident:________________________________________________________
Which of the following best describes the reason for the alleged discrimination? (Check one)
_____ Race
_____ Color
_____ National Origin (Limited English Proficiency)
Please describe the alleged discrimination incident. Explain what happened, whom you believe was responsible, and other specific relevant information. Please use the next page of this form if additional space is required.
(Complete next page of form)
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City of Bellflower – Transit Services
Title VI Program – October 28, 2022
CITY OF BELLFLOWER
Transit Services
Title VI Complaint Form
Have you filed a complaint with any other federal, state or local agencies (Check one) _____ Yes _____ No
If yes, list agency or agencies and contact information below:
Agency:
Street Address:
Phone:
Contact Name:
Agency:
Street Address:
Phone:
Contact Name:
I affirm that I have read the above charge, and it is true to the best of my knowledge.
Complainant’s Signature Date
Print or Type Name of Complainant
Date Received:
Received By:
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City of Bellflower – Transit Services
Title VI Program – October 28, 2022
CITY OF BELLFLOWER
Transit Services
Formulario de Quejas Titulo VI
La Ciudad de Bellflower centra sus esfuerzos en garantizar que nadie sea excluido de la participación en sus servicios ni que nieguen los beneficios de estos, con base en raza, color u origen nacional, en conformidad con las disposiciones del Título VI de la Ley de Derechos Civiles de 1964 y enmiendas.
La información siguiente es necesaria para ayudarnos en el procesamiento de su queja.
Si requiere ayuda para llenar este formulario, por favor diríjase a la Coordinadora de Cumplimiento del Título VI, al teléfono (562) 804-1424, ext. 2267. El formulario completo debe devolverse a la Coordinadora de Cumplimiento del Titulo VI, 16600 Civic Center Drive, Bellflower, CA 90706.
Nombre: ______________________________________________________________
Dirección: _____________________________________________________________
Teléfono: ____________________________ Segundo Teléfono:__________________ Fecha del incidente:____________________ Hora del incidente:__________________
¿Cuál de los siguientes describe mejor la razón por la supuesta discriminación? (Marque Uno)
_____ Raza
_____ Color
_____ Origen nacional
Por favor, describa el supuesto incidente de discriminación. Explique lo sucedido; quien considera que fue responsable; y otra información específica pertinente. (Por favor, use el reverso de este formulario si requiere espacio adicional.)
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City of Bellflower – Transit Services
Title VI Program – October 28, 2022
CIUDAD DE BELLFLOWER
Servicios de Tránsito
Formulario de Quejas Titulo VI
¿Ha presentado alguna queja ante otra agencia federal, estatal o local con respecto a este ncidente? (Marque Uno)
_____ Si _____ No
Si la respuesta es afirmativa, por favor, a continuación enumere la agencia o agencias y la información de contacto:
Agencia: ______________________________________________________________ Dirección: _____________________________________________________________ Teléfono: ______________________________________________________________ Nombre de contacto:_____________________________________________________
Agencia: ______________________________________________________________ Dirección: _____________________________________________________________ Teléfono: ______________________________________________________________ Nombre de contacto:_____________________________________________________
Confirmo que he leído el cargo que se indica arriba y que es verdadero hasta donde tengo conocimiento.
______________________________________________________________________ Firma del declarante Fecha
______________________________________________________________________ Imprima o escriba el nombre del declarante
Fecha de recepción:________________ Recibido por:________________
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City of Bellflower – Transit Services
Title VI Program – October 28, 2022
EXHIBIT D
CITY OF BELLFLOWER
LIST OF TRANSIT-RELATED TITLE VI
INVESTIGATIONS, COMPLAINTS AND LAWSUITS
Action Date
(Month, Day, Year)
Summary (basis of
complaint: race,
color, or national
origin)
Status Action(s)
Taken
Investigation
(None)
Lawsuits
(None)
Complaints
(None)
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City of Bellflower – Transit Services
Title VI Program – October 28, 2022
EXHIBIT E
CITY OF BELLFLOWER
TRANSIT SERVICES
LIMITED ENGLISH PROFICIENCY (LEP) PLAN
AND LANGUAGE ASSISTANCE PLAN
Introduction
This Limited English Proficiency (LEP) Plan has been prepared to address the City of Bellflower transit services responsibilities as a recipient of federal financial assistance as they relate to the needs of individuals with limited English language skills. The plan has been prepared in accordance with Title VI of the Civil Rights Act of 1964, Federal Transit Administration Circular 4702.1B dated October 2012, which state that no person shall be subjected to discrimination on the basis of race, color, or national origin.
Executive Order 13166, titled Improving Access to services for Persons with Limited English Proficiency, indicated that differing treatment based upon a person’s inability to speak, read, write, or understand English is a type of national origin discrimination. It directs each federal agency to publish guidance for its respective recipients clarifying their obligation to ensure that such discrimination does not take place. This order applies to all State and local agencies which receive federal funds.
Background
The City of Bellflower’s Parks and Recreation Department administers the City’s transit services that are operated by a contract service provider. The current transit service provider is Empire Transportation Services. The Bellflower City Council is the policymaking body for the system. The City’s transit services consist of a fixed-route service (the Bellflower Bus) and a Dial-A-Ride service (Bellflower Dial-A-Ride). The City has developed this LEP Plan to help identify reasonable steps for providing language assistance to persons with limited English proficiency who wish to access transit services provided by the City. As defined by Executive Order 13166, LEP persons are those who do not speak English as their primary language and have limited ability to read, speak, write, or understand English.
This plan outlines how to identify a person who may need language assistance, the ways in which assistance may be provided, and how to notify LEP persons that assistance is available.
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City of Bellflower – Transit Services
Title VI Program – October 28, 2022
In order to prepare this plan, City staff undertook the U.S. Department of Transportation (U.S. DOT) four-factor LEP analysis which considers the following factors:
1. The number or proportion of LEP persons in the service area who may be served or are likely to encounter the City’s transit programs, activities, or services.
2. The frequency with which LEP persons come in contact with City transit services programs, activities, or services.
3. The nature and importance of programs, activities, or services provided by the City’s transit services to the LEP population.
4. Resources available to the City’s transit services and overall cost to provide LEP assistance.
A summary of the results of the City’s transit services’ four-factor analysis is in the following section.
Four-Factor Analysis
1. The number or proportion of LEP persons in the service area who may be served or are likely to encounter City transit programs, activities, or services.
City staff reviewed the 2020 U.S. Census and determined that, out of a City population of 71,590 residents, 40,556 (56.6%) of City of Bellflower residents speak a language other than English. In the City of Bellflower, 14,390 residents (20.1%) have limited English proficiency; that is, they speak English “less than very well.” In the City of Bellflower, of those persons with limited English proficiency, the majority speak Spanish. Spanish is the only LEP language group that consists of over 1,000 persons. The Census data query printout is attached as Exhibit I.
2. The frequency with which LEP come in contact with City transit services programs, activities, or services.
All transit services are provided throughout the City. A high percentage of Hispanic/Latino individuals therefore come into contact with transit service bus operators and customer service representatives, including City staff. On-board ridership surveys conducted by the City on October 24, 2022 through October 28, 2022 reflect that 53 percent of riders utilize City services three to five days per week; 26 percent one to two days per week; and 21 percent six to seven days per week.
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City of Bellflower – Transit Services
Title VI Program – October 28, 2022
3. The nature and importance of programs, activities, or services provided by City of Bellflower transit services to the LEP population.
The largest geographic concentration of LEP individuals in the City’s transit services area is Spanish-speaking. City transit services are important to LEP patrons because they provide an alternative means of transportation to conduct their day-to-day activities. On- board ridership surveys conducted by the City indicate that 91 percent are captive transit riders. The key trip purposes indicated for trips were 28 percent for medical/dental; 26 percent for shopping or other; 19 percent for work; 19 percent for school; and 9 percent for home.
4. The resources available to the City and overall cost to provide LEP assistance.
City staff has access to a variety of resources that can help in outreaching and providing LEP assistance at low or no cost. Several City staff members are bilingual in Spanish, Korean, and Tagalog, and can provide the LEP population assistance. The City’s current Community-based resources and assistance include:
• City of Bellflower Web Site
• City of Bellflower City Hall
• Simms Park
• Caruthers Park
• Thompson Park
• Los Angeles County MTA – Call center multi-language verbal translation
• Los Angeles County Social Services Department – Call center multi-language translation
The above community resources will be used on a regular basis to assist in identifying needs of the City’s LEP population. They will also serve as a means to widely disseminate bilingual transit service information and announcements and to notify the LEP population of planned workshops and outreach efforts.
Based on the four-factor analysis, the City of Bellflower will develop its LEP Plan as outlined in the following section.
Identification of LEP Population
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City of Bellflower – Transit Services
Title VI Program – October 28, 2022
The results of the Four Factor Analysis concluded that Spanish and Asian and Pacific Island languages were the language groups that met the Safe Harbor Provision threshold of 1,000 persons or 5% of the City’s population.
The Transit Division has developed several possible ways to assist in identifying LEP populations within the City, including:
1. Examine records to see if requests for language assistance have been received in the past, either at meetings or over the phone, to determine whether language assistance might be needed at future events or meetings.
2. Have a staff person greet participants as they arrive to City of Bellflower transit- sponsored events. By informally engaging participants in conversation it is possible to gauge each attendee’s ability to speak and understand English.
3. At City of Bellflower transit meetings and events, develop identification cards that indicate primary language spoken, as appropriate. This will assist the City in identifying language assistance needs for future events and meetings.
4. Survey vehicle operators and other front-line staff, like dispatchers, dial-a-ride schedulers, and service development planners on their experience concerning any contacts with LEP persons. City staff will perform the survey within six (6) months of approval of the Title VI Program, and once every three (3) years thereafter.
5. Network with local human services organizations (such as Social Services and Public Health) to assist in identifying LEP groups and individuals most in need of LEP assistance and to further facilitate dissemination of information about the City’s transit services.
6. Network with local faith-based and community-based organizations to assist in identifying LEP groups and individuals most in need of LEP assistance and to further facilitate dissemination of information about the City’s transit services.
Language Assistance Plan Measures
There are plans for a number of language assistance options available to LEP persons, including both oral and written language services. There are also various ways in which City of Bellflower transit staff can respond to LEP persons, whether in person, by telephone, or in writing.
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City of Bellflower – Transit Services
Title VI Program – October 28, 2022
• Translate vital documents including, but not limited to, Title VI Notice, Complaint Form, Complaint Procedures, and other items related to safety into Spanish.
• Placement of statements in notices and publications that interpreter services are available for these meetings.
• Survey bus drivers and other front-line staff, like dispatchers, Dial-A-Ride schedulers, and service development planners on their experience concerning any contacts with LEP persons during the previous year.
• Post the City of Bellflower Transit Services Title VI Policy and LEP plan on the City of Bellflower website at www.bellflower.com .
• When an interpreter is needed, for a language other than Spanish, in person or on the telephone, staff will attempt to access language assistance services from a professional translation service or qualified community volunteers.
Outreach Techniques
When staff prepares a document or schedules a meeting, for which the target audience is expected to include LEP individuals, documents, meeting notices, flyers, and agendas will be printed in an alternative language based on the known LEP population.
Interpreters will be available as needed. The City currently uses a variety of outreach approaches, as described below.
Public Outreach Activities
The Bellflower Bus schedules are posted on the City of Bellflower web site. The City’s web site provides material in both English and Spanish. The City also provides easy access to bilingual (English and Spanish) administrative staff and drivers at the City’s Transit office during operating hours to answer questions during their regular shift schedules for those LEP passengers who use the City’s bus system.
The City reaches out to the community directly through meetings with agency and community staff and their clients, as needed. Information regarding the City’s transit services is disseminated at these meetings, including schedules and appropriate fliers.
Schedules also are made available at a variety of locations throughout the community and on the Bellflower Bus.
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City of Bellflower – Transit Services
Title VI Program – October 28, 2022
Recommendations to maximize community involvement are reflected in this plan.
Participation in Community Activities
The City engages in community activities that promote its transit services. These activities include functions where a broad cross-section of the community can access available transit information, including schedules, brochures and fliers.
Assurances
The City of Bellflower transit services will ensure that no person, on the grounds of race, color, national origin, as provided by Title VI of the Civil Rights Act of 1964, will be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination. Further, the City will notify the public of protections against discrimination afforded them by Title VI Regulations and will take preventive corrective and disciplinary action necessary to stem behavior that violates the rights and privileges the regulations are designed to protect.
The City will post information on its web site and ensure that it reflects up to date information consistent with the requirements of 49 CFR Section 21.9(d).
Monitoring and Updating the LEP Plan
The City of Bellflower will update the LEP as required by U.S. DOT. At a minimum, the plan will be reviewed and updated every three years when the Title VI Program Update is due and supplemented when future U.S. Census data is available, or when it is clear that higher concentrations of LEP individuals are present in the City of Bellflower transit services area. Updates will include the following:
Documentation of LEP personal contacts.
How the needs of LEP persons have been addressed.
Determination of the current LEP population in the service area.
Determination as to whether the need for translation services has changed.
Determination of whether local language assistance programs have been effective and sufficient to meet the need.
Determination of whether the City of Bellflower transit services financial resources are sufficient to fund language assistance resources needed. -25-
City of Bellflower – Transit Services
Title VI Program – October 28, 2022
Determination of whether the City of Bellflower has fully complied with the goals of this LEP Plan.
Determination of whether complaints have been received concerning transit services’ failure to meet the needs of LEP individuals.
Staff Training
As part of regular and on-going training for City staff, at a minimum of one training or information session per quarter, trainers will focus on diversity, inclusive practices and language. Training sessions will use, when reasonable, evidence-based training. Staff will be trained on prevention of harassment and discrimination, and on how to best assist LEP individuals.
Availability of Title VI Plans and Procedures
The City of Bellflower LEP Plan and the Title VI Procedures are included in the City of Bellflower’s website at www.belllower.org . Any person or agency with internet access will be able to access and download the plan from the City of Bellflower website.
Alternatively, any person or agency may request a copy of the plan via telephone, fax, mail, or in person and shall be provided a copy of the plan at no cost. LEP individuals may request copies of the Plan in translation which the City of Bellflower will provide, if feasible.
Questions or comments regarding the LEP Plan may be submitted to the City of Bellflower’s Title VI Transit Compliance Coordinator:
Kristen Smith
City of Bellflower
16600 Civic Center Drive
Bellflower, CA 90706
Phone: (562) 804-1424, ext. 2267
Fax: (562) 925-8660
Email: [email protected]
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City of Bellflower – Transit Services
Title VI Program – October 28, 2022
EXHIBIT F
CITY OF BELLFLOWER
TRANSIT SERVICES
PUBLIC PARTICIPATION PLAN (PPP)
Key Principles:
The City of Bellflower’s transit services Public Participation Plan (PPP) has been prepared to ensure that no one is precluded from participating in the City’s transit service planning and development process. It ensures that:
• Potentially affected community members will have an appropriate opportunity to participate in decisions about a proposed activity that will affect their environment and/or health;
• The public's contribution can and will influence the City’s decision making; • The concerns of all participants involved will be considered in the decision-making process; and,
• The City will seek out and facilitate the involvement of those potentially affected.
Through an open public process, the City has developed a PPP to encourage and guide public involvement efforts and enhance access to the City’s transit service decision- making process by minority and Limited English Proficient (LEP) populations. The PPP describes the overall goals, guiding principles and outreach methods that the City uses to reach its participants.
Limited English Proficient (LEP)
LEP refers to persons for whom English is not their primary language and who have a limited ability to read, write, speak, or understand English. It includes people who reported to the U.S. Census that they speak English less than very well, not well, or not at all.
Early, Continuous and Meaningful
The steps outlined in the PPP offer early (in the planning process), continuous and meaningful opportunities for the public to be involved in the identification of social, economic and environmental impacts of proposed program decisions on the City’s transit services. It is a guide for how the City engages it's ever changing diverse community.
The City may continue to improve its public participation methods over time based on -27-
City of Bellflower – Transit Services
Title VI Program – October 28, 2022
feedback from all of its participants and community members, including low-income, minority, and LEP populations, as well as customer and community-based organizations.
Goals of the Public Participation Plan
The overarching goals of the City’s PPP include:
• Clear Lines of Influence - The process clearly identifies and communicates where and how participants can have influence and direct impact on decision-making. • Diversity - Participants represent a range of socioeconomic, ethnic and cultural perspectives, with representative participants including residents from low income neighborhoods, ethnic communities and from LEP populations. • Accessibility - Every reasonable effort is made to ensure that opportunities to participate are physically, geographically, temporally, linguistically, and culturally accessible.
• Participant Satisfaction - People who take the time to participate feel it is worth the effort to join the discussion and provide feedback.
• Partnerships – The City develops and maintains partnerships with community groups.
Objectives of the PPP
The City will use its PPP when considering curriculum changes, reductions in service hours, changes in fare or fare media, and to provide feedback to MTA on any challenges that may arise on bus routes.
Regional Partnership/Capital Programming
The City will reach out to regional partners such as MTA, Long Beach Transit, Norwalk Transit, and others when considering replacement or upgrade of the City’s transit system vehicles, transit facilities and other transit amenities.
Outreach Efforts: Alerting Potential Participants and Encouraging Engagement
The City will reach out to our riding community and invite their participation in the planning of programs and services. Noting the diversity of the Gateway Region, and our commitment to inclusion, we have developed outreach initiatives using various platforms, languages, visuals, and tools. As the City’s program advances, we may adapt and -28-
City of Bellflower – Transit Services
Title VI Program – October 28, 2022
enhance these methods to better reach participants and expand our messaging and methods, which will include:
• Press releases to local newspapers including English and Spanish; • Program announcement brochure;
• Direct mail of brochure to non-profit agencies serving special needs population; • City’s web site at “ www.bellflower.org” (under “City Departments – Parks & Recreation Department– Transportation);
• Social media announcements on City transit services using Facebook and Twitter; • E-blast announcements of program;
• Placement of flyers in City transit buses;
• Participation in community events to distribute brochures and talk with people regarding or about the City’s transit services;
• Placement of flyers in community centers.
Public Meetings
When considering a program change, the City will:
• Publicize or promote proposed changes and public meetings to the public using the methods listed in the Outreach Efforts: Alerting Potential Participants and Encouraging Engagement section (Page 22);
• Schedule meetings at times and locations that are convenient and accessible for minority, low -income, and LEP communities;
• Employ different meeting sizes and formats, including town hall, social media, and community-based;
• Coordinate with community organizations, educational institutions, and other organizations to implement public engagement strategies that reach out specifically to members of affected minority and/or LEP communities; • Host meetings in locations that are ADA complaint and accessible to people with disabilities;
• Consider newspaper ads and local media as well as podcasts that serve LEP populations;
• Utilize press release, mailers or e-blasts to announce public meetings, specifically identifying the time, place, and meeting topic(s);
• All materials, program opportunities, and program policies will be discussed at meetings, as to create an inclusive and transparent program for community members and program participants;
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City of Bellflower – Transit Services
Title VI Program – October 28, 2022
• Materials sent out will be translated into Spanish, and other languages upon request or based on need; or a translator will be available, if requested and where feasible;
• Provide opportunities for public participation through means other than written communication, such as one-on-one interviews or use of audio or video recording devices to capture oral comments;
• Once public meeting is held, there will be a weeklong "comment period" (7 days), where community members can submit feedback on the meeting topic(s); • Once complete, City staff will analyze and summarize all program feedback and present it to City management for decision making;
• Vital program policies and procedures will be available on the City’s website, City Clerk's office and at the Simms Park Administration Office; • Additional policies and procedures will be available upon request to community members or program participants.
City Transit Service Mediums (Bilingual)
• Print - Newspapers and other periodicals
• Outdoor - Advertising on board buses (interior and exterior) and on bus shelters • Internet – Via City’s website at http://www.bellflower.org • Social Media - On Facebook and Twitter
• U.S. Mail - Direct mail to community partners
• In-Person – At public meetings
Incorporation of Public Comments as Part of Decision-Making Process
All comments received through the PPP are given careful and thoughtful consideration.
Because there are a number of different ways participants or members of the community can comment on proposed service changes, all comments will be compiled into a single document for presentation to the Director of Parks and Recreation.
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 can come from a number of groups including general citizens/residents, minority and low-income persons, public agencies, and private organizations and businesses. While stakeholders may vary based on the plan or -30-
City of Bellflower – Transit Services
Title VI Program – October 28, 2022
program being considered, the City has assembled a listing of stakeholders with whom we regularly communicate through email and direct mail. A complete list of City transit service community stakeholders can be obtained by contacting the City’s Parks and Recreation Department.
Stakeholder List
Any community organization or person can be added to the City’s transit services stakeholder list and receive regular communications regarding travel services by contacting the City’s Parks and Recreation Department at (562) 804-1424, ext. 2267.
Local organizations and businesses can also request that a speaker from the City’s transit services attend their regular meeting at the same number or through the City’s website at www.bellflower.org
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City of Bellflower – Transit Services
Title VI Program – October 28, 2022
EXHIBIT G
CITY OF BELLFLOWER
SYSTEM-WIDE SERVICE STANDARDS
BELLFLOWER BUS FIXED-ROUTE SYSTEM
Background
FTA requires all fixed-route transit providers of public transportation to develop quantitative standards for the following indicators. Individual public transportation providers may establish their own standards.
Definitions
Vehicle Headway: A measure of time between two vehicles in a transit system traveling in the same direction. A “shorter” headway signifies a more frequent service.
Vehicle Load Ratio: A ratio of passengers to seats in a transit system vehicle. For example, a 1.00 load ratio means that every seat on the bus is filled and there are no standing passengers, whereas a 1.25 load ratio means that every seat on the bus is filled and the number of standing passengers equals 25% of the number of seats on the bus.
On-time Performance: A measure of runs completed as scheduled.
Service Availability: A measure of system accessibility for community residents.
Vehicle Headway Standards
The current vehicle headway standard is 30 minutes for both the North and South Bellflower Bus lines. This standard is evaluated each year with adjustments, if any, based on prior year’s performance.
Vehicle Load Ratio Standards
The current vehicle load ratio for Bellflower Bus is 1.42 passengers per seat for both North and South Bellflower Bus lines. This standard is evaluated each year with adjustments, if any, based on prior year’s performance.
On-Time Performance Standards
A vehicle is considered on time if it departs a scheduled timepoint no more than one minute early and no more than five minutes late. Bellflower Bus’s on-time performance objective is 90% or greater. The City of Bellflower continuously monitors on-time -32-
City of Bellflower – Transit Services
Title VI Program – October 28, 2022
performance and system results are part of performance reports covering all aspects of operations.
Service Availability Standards
The City of Bellflower’s service availability standards will strive to ensure that 90% of residents in the service area are within one-half mile of bus service.
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City of Bellflower – Transit Services
Title VI Program – October 28, 2022
EXHIBIT H
CITY OF BELLFLOWER
SYSTEM-WIDE SERVICE POLICIES
FIXED-ROUTE SYSTEM
Background
FTA requires that all providers of fixed-route public transportation develop qualitative policies for the following procedures:
Vehicle Assignment
Transit Amenities
Policies
Vehicle Assignment Policy
A vehicle(s) will be assigned to each of the Bellflower Bus fixed-routes such that the average age of the fleet serving each route does not exceed over three years beyond the FTA useful life standard of the assigned vehicle type.
All vehicles will be equipped with air conditioning.
All vehicles will be equipped with wheel chair lifts.
All vehicles will be equipped with bike racks.
The capacity of vehicles will be matched to the operating characteristics of the route.
Transit Amenities Policy
Installation of transit amenities along bus routes will be based on the number of passenger boardings at stops along those routes.
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City of Bellflower – Transit Services
Title VI Program – October 28, 2022
EXHIBIT I
CITY OF BELLFLOWER
2020 U.S. CENSUS DATA
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