DATE: APRIL 22, 2015 TO: ATN BOARD OF DIRECTORS FROM: DIANA KOTLER, EXECUTIVE DIRECTOR RE: AGENDA ITEM #2 - PUBLIC HEARING RECOMMENDATION: In accordance Civil Rights Act of 1964 and Federal Transit Administration (FTA) requirements, conduct a public hearing for receiving public input in consideration of the Anaheim Transportation Network’s draft Title VI Plan. Receive public comments in regard to ATN’s: A. B. C. D. Title VI Plan Limited English Proficiency Plan Public Participation Plan; and ADA Complementary Transportation Plan DISCUSSION: Title VI of the Civil Rights Act of 1964 provides that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance.” To fulfill this basic civil rights mandate, each agency that receives federal financial assistance, for any program, must prepare and update, every three (3) years, their Title VI Plan and make the Plan available for public review and comment. Consistent with its commitment to meet FTA regulatory requirements, ATN updates and submits these documents to Orange County Transportation Authority (OCTA). The ATN conducted several public workshops, in accordance with the schedule approved by the ATN Board of Directors at its March 27, 2015, meeting. Public workshops were held on April 8, 2015, at the ATN’s administrative office and on April 9, 2015 at Anaheim Regional Transportation Intermodal Center (ARTIC). ATN did not receive any public comments in regard to the Title VI Plan. Pursuant to any public comments received at today’s Public Hearing, the ATN Board of Directors shall consider these comments, prior to the final adoptions of the Title VI Plan at May 27, 2015, ATN Board of Directors meeting. Upon completion of the public review and adoption of its Title VI Plan, ATN will submit the Plan to OCTA. The purpose of the Title VI Plan is to document practices and operations to ensure that, for all programs and activities supported by federal financial assistance, the ATN provides services without exclusion or discrimination on the grounds of race, color or nationality, or through creation of barriers to the use of the ATN’s Anaheim Resort Transportation (ART) system. 1354 South Anaheim Boulevard Anaheim, California 92805 714.563.5287 714-563-5289 fax www.RideArt.org ATN 2015 Title VI Plan is consistent with the Plan approved in by the Board in 2012; however, since the ATN fleet exceeds the 50-bus threshold, additional elements need to be incorporated in the Title VI Plan to evaluate potential impacts on minority populations. These elements include the following components: 1. DISPARATE IMPACT AND BURDEN POLICY: Adverse affects on minority population, due to a major service change, which impacts twenty percent (20%) or more than the average minority population; or Positive affect on non-minority population may occur, due to a major service change, which impacts twenty percent (20%) or more that the average non-minority population. Under the Disparate Analysis, the ATN will evaluate if a disparate impact may occur for the span of service and service frequency changes. If specific routes and/or route segments are changed, these routes will be examined on an individual basis. Should a disparate impact exist as a result of the proposed change(s), alternatives shall be considered to lessen the impact on minority population. If no viable alternatives are available, a substantial and legitimate justification shall be provided for ATN Board of Directors consideration. 2. PUBLIC REVIEW AND INPUT A major service change shall be subject to a Public Hearing and Adoption by the ATN Board of Directors. Public input will be actively sought in regard to the proposed changes prior to the public hearing. Customers, stakeholders, and the general public will be invited to provide comments as outlined in the ATN’s Public Participation Plan. When required, the public comment period will begin with the publishing of a legal notice seven (7) days in advance of the public hearing date in the local newspaper of general circulation. The notice will set a specific place, date, and time for one or more public hearings and in accordance with the ATN’s Public Participation Plan. The primary purpose of the Title VI Plan is to ensure that no discrimination exists on the grounds of race, color or national origin, including ATN procedures for: 1. 2. 3. 4. 5. 6. 7. Filing of civil rights complaints; Consideration of investigations, complaints, and lawsuits (if any); Provision of meaningful access to persons with limited English proficiency; Distribution of information to ensure meaningful access to programs and services; Policies and standards under which ATN operates; Clear process for major service change considerations; and Evaluation to meet service standards and the levels of service provided to the various communities served by the ATN. 1354 South Anaheim Boulevard Anaheim, California 92805 714.563.5287 714-563-5289 fax www.RideArt.org In addition to the elements specific to the Title VI Plan’s non-discrimination parameters, this Plan includes segments dealing with: Limited English Proficiency Plan (LEP) – accommodation of populations who do not speak English as their primary language and have limited ability to read, speak, write or understand English. To comply with the LEP requirements, the ATN has programs and services to accommodate LEP populations. Public Participation Plan (PPP) – availability of procedures that allow for, encourage, and monitor participation of all citizens in the ATN service area, including but not limited to low income and minority individuals, and those with Limited English Proficiency (LEP). The goal of the PPP is to offer real opportunities for the engagement of all citizens of the ART system service area. American with Disabilities Act (ADA) Complementary Paratransit Plan – availability of ADA Complementary Paratransit Plan paratransit services that are “comparable” to the fixed route service levels and availability. ATN contracts with OCTA for the provision of ADA Complementary Paratransit services. In conclusion, the ATN is committed to the enforcement of US DOT’s Title VI regulations and will provide the most effective and efficient public transit service possible, with full accountability to the constituency we serve. Through these established service standards and policies, ATN will ensure that no person, or group of persons, shall be discriminated against with regard to the routing, scheduling, or quality of transit service based on race, color or national origin. 1354 South Anaheim Boulevard Anaheim, California 92805 714.563.5287 714-563-5289 fax www.RideArt.org
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