DATE: September 26, 2023
TO: Paul Buddenhagen City Manager
FROM: Chadrick Smalley, Community Development Director
SUBJECT: Resolution Of The City Council Of The City Of Emeryville Approving An Update To The City Of Emeryville’s Title VI Program And Assurances
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution to approve the City of Emeryville’s Title VI Program and Assurances.
BACKGROUND
In 2008, the City of Emeryville was a subrecipient to the Alameda-Contra Costa Transit District (AC Transit) of an $834,077 grant from the Federal Transit Administration (FTA) for the construction of a pedestrian plaza between the EmeryStation West project and the Emeryville Amtrak Station.
These Federal funds require that the City establish a program compliant with Title VI of the Civil Rights Act of 1964 to ensure that all citizens have equal access to transit services. As the City of Emeryville is neither a direct recipient of FTA funds nor a transit provider, the requirements for the program are limited to providing assurances of non-discriminatory practices, notification of a complaint process, and development of multi-lingual complaint forms. According to FTA and AC Transit staff, the Title VI obligations are required to be updated in perpetuity every three years.
DISCUSSION
In September 2014, AC Transit informed City staff of its adoption of a Title VI Program and requested that the City of Emeryville, as a subrecipient, seek City Council approval of a City Title VI Program compliant with sub-recipient requirements. Staff contacted the regional FTA Title VI office and was directed to develop a program that makes three assurances:
Freedom from discrimination
Complaint procedure
Investigative procedure
In 2022, AC Transit staff indicated that updates are required every three years, in perpetuity. This update includes incorporating best practices from other subrecipients and new census data when available. The Draft Revised Program and Assurances for the Emeryville Title VI Program, including appendices, is attached as Exhibit A to the resolution. The draft incorporates demographic updates based on language isolation and preferred language spoken in residents’ homes as indicated by 2020 Census data.
Adoption of the revised Title VI Program is required to maintain compliance with the FTA grant requirements.
FISCAL IMPACT
None.
STAFF COMMUNICATION WITH THE PUBLIC
Staff has had no communication with the public related to this agenda item.
LEGAL CONSIDERATIONS
The City Attorney has reviewed and approved as to form the resolution and Program Description and Assurances accompanying this report.
PREPARED BY: Amber Evans, Community and Economic Development Coordinator II
APPROVED AND FORWARDED TO THE
CITY COUNCIL OF THE CITY OF EMERYVILLE:
_______________________________________
Paul Buddenhagen, City Manager
Attachments:
Draft Resolution, including Exhibit A – Emeryville Revised Title VI Program and Assurances Revised Title VI Program and Assurances
City Council Meeting | September 26, 2023
City of Emeryville
CALIFORNIA
MEMORANDUM