HomeMy WebLinkAboutAGENDA REPORT 2013 1204 CCSA REG ITEM 10F ITEM 10.F.
CITY OF MOORPARK,CALIFORNIA
City Council Mooting
MOORPARK CITY COUNCILAom �at?
AGENDA REPORT � 3 47 a.oel/me-tate�
TO: Honorable City Council
FROM: Dave Klotzle, City Engineer/Public Works Director
Prepared By: Shaun Kroes, Senior Management Analys t,
DATE: November 22, 2013 (CC Meeting of 12/04/13)
SUBJECT: Consider Resolution Adopting Moorpark City Transit Title VI
Program Including Incorporation of Elements of the Ventura County
Transportation Commission's Title VI Program
BACKGROUND/DISCUSSION
The United States Department of Transportation and Federal Transit Administration
(FTA) require agencies that operate transit services to comply with the general
requirements of Title VI regulations consistent with FTA Circular 4702.1B, dated
October 1, 2012. As a sub-recipient of federal funds from the Ventura County
Transportation Commission (VCTC), the City of Moorpark (City) is eligible to incorporate
sections of VCTC's Title VI Program. Adoption of VCTC's Program allows the City to
comply with Title VI requirements without the need for performing its own special
studies that have already been completed by VCTC.
The City 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
protected by Title VI of the Civil Rights Act of 1964, as amended. As sub-recipient to
the regional grantee (VCTC) the City is eligible to adopt certain elements of the VCTC
Title VI Program. Recommended adoptable elements include general program
language and the following:
• Notice to Beneficiaries
• Title VI Complaint Procedures
• Language Assistance Plan (Limited English Proficiency Plan)
• Public Participation Plan
By adopting these elements of the VCTC Title VI Program, the City will satisfy federally
mandated Title VI requirements. The resulting Title VI Program is attached as Exhibit A
to the proposed Resolution.
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S:\Public Works\Everyone\Reports\Staff Reports\2013\December\12-04-2013(Title VI Update).doc
Honorable City Council
December 4, 2013
Page 2
FISCAL IMPACT
There are no direct costs associated with the City adopting the recommended elements
of the VCTC Title VI Program.
STAFF RECOMMENDATION
Adopt Resolution No. 2013 - adopting certain elements of the VCTC Title VI
Program for Moorpark City Transit.
Attachment: Resolution
74
Attachment
RESOLUTION NO. 2013 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, ADOPTING CERTAIN ELEMENTS
OF THE VENTURA COUNTY TRANSPORTATION
COMMISSION TITLE VI PROGRAM FOR MOORPARK CITY
TRANSIT
WHEREAS, the City of Moorpark/Moorpark City Transit is eligible to adopt certain
elements of the Ventura County Transportation Commission Program to make Moorpark
City Transit compliant with Title VI requirements; and
WHEREAS, Moorpark City Transit 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 protected by Title VI of the Civil Rights Act of 1964.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Authorizes the City of Moorpark/Moorpark City Transit to adopt
the Title VI Program incorporating the following elements of the Ventura County
Transportation Commission Title VI Program: Notice to Beneficiaries, Title VI Complaint
Procedures, Language Assistance Plan (Limited English Proficiency Plan), and Public
Participation Plan.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 4th day of December, 2013.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Attachment: Exhibit A: City of Moorpark/Moorpark City Transit Title VI Program
75
Exhibit A
CITY OF MOORPARK/MOORPARK CITY TRANSIT
TITLE VI PROGRAM
1. INTRODUCTION
The United States Department of Transportation (US DOT) and the Federal
Transit Administration (FTA) require agencies that operate transit service to
comply with the general requirements of the Title VI regulations. The purpose of
the Title VI Program is to ensure that the level and quality of City of
Moorpark/Moorpark City Transit (City) service is provided without regard to race,
color, national origin or income status.
As sub-recipient to the regional grantee, Ventura County Transportation
Commission (VCTC), the City is eligible to adopt certain elements of the VCTC
Title VI Program per FTA Circular 4702.1B, dated October 1, 2012. Appropriate,
adoptable elements include the following:
• Notice to Beneficiaries
• Title VI Compliant Procedures
• Language Assistance Plan (LEP Plan)
• Public Participation Plan
The City has elected to adopt eligible elements of the VCTC Title VI Program, in
order to satisfy federally-mandated Title VI requirements; adopted elements are
noted accordingly. The following sections describe the City's Title VI Program in
detail.
2. TITLE VI COMPLAINT PROCEDURES
To ensure compliance with Title 49 of the Code of Federal Regulations (CFR)
Section 21.9(b), VCTC and sub-recipients are required to develop procedures for
investigating and tracking Title VI complaints filed against them and make their
procedures for filing a complaint available to members of the public upon request.
In order to reduce the administrative burden associated with this requirement,
VCTC sub-recipients may adopt the Title VI complaint investigations and tracking
procedures developed by VCTC. As such, the City has adopted VCTC Title VI
Complaint Procedures as part of its Title VI program.
2.1. Title VI Policy
The City 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
76
protected by Title VI of the Civil Rights Act of 1964, as amended.
No person or group of persons will be discriminated against with regard to fares,
routing, scheduling, or quality of transportation service that the City furnishes, on
the basis of race, color, or national origin. Frequency of service, age and quality of
the City's vehicles assigned to routes, quality of the City's stations serving the City,
and location of routes will not be determined on the basis of race, color or national
origin.
For additional information on the City's obligation regarding non-discrimination,
please write to:
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
2.2. How to File a Complaint
Any person who believes that he or she has, individually, or as a member of any
specific class of persons, been subjected to discrimination on the basis of race,
color, or national origin may file a Title VI complaint with the City.
The complaint must be filed within one hundred and eighty (180) days of the date
of the alleged discrimination. Written complaints may be sent to:
City of Moorpark
Attn: City Engineer/Public Works Director
799 Moorpark Avenue
Moorpark, CA 93021
The "Title VI Complaint Form" is available online at www.moorparkca.gov and
should be used to detail the complaint, but is not mandatory. Complaint forms
may also be obtained by calling 805-517-6257.
In addition to the Title VI complaint process at the City, a complainant may file a
Title VI complaint with the FTA, Office of Civil Rights, Region IX, 201 Mission
Street, Suite 1650, San Francisco, California 94105-1839.
2.3. How Complaints are Processed by the City
All complaints alleging discrimination based on race, color or national origin in a
transit service or benefit provided by the City will be recorded by the City's Public
Works Senior Management Analyst by updating the "List of Active Investigations,
Lawsuits or Complaints". This list shall include the date that the investigation,
lawsuit, or complaint was filed; a summary of the allegation(s); the status of the
investigation, lawsuit, or complaint; and actions taken by the recipient or sub-
77
recipient in response to the investigation, lawsuit, or complaint. The list shall be
made available to FTA upon request and with every City Title VI Program update.
If additional information is needed for assessment or investigation of the complaint,
City staff will contact the complainant in writing within fifteen (15) working days of
receiving the complaint. Failure of the complainant to provide the requested
information by the requested date may result in the administrative closure of the
complaint.
City staff will investigate the complaint and prepare a draft written response. If
appropriate, City staff may administratively close the complaint.
City staff will investigate a formal Title VI complaint within thirty (30) working days
of receiving the complaint. Based upon all of the information received, City staff
will prepare a draft written response subject to review by the City.
The City will determine if the complaint may be administratively closed after the
draft is written, or if a final written response is needed. If a final written response is
needed, the City will send the response to the complainant and advise the
complainant of his or her right to file a complaint externally. The complainant also
will be advised of his or her right to appeal the response to federal and state
authorities as appropriate.
The City will use its best efforts to respond to a Title VI complaint within sixty (60)
working days of its receipt of such a complaint.
3. TITLE VI INVESTIGATIONS, COMPLAINTS AND LAWSUITS
To ensure compliance with 49 CFR Section 21.9(b), the City is required to prepare
and maintain a list of any active investigations conducted by entities other than
FTA, lawsuits, or complaints naming the City that allege discrimination on the basis
of race, color, or national origin. This list shall include the date that the
investigation, lawsuit, or complaint was filed; a summary of the allegation(s); the
status of the investigation, lawsuit, or complaint; and actions taken by the recipient
or sub-recipient in response to the investigation, lawsuit, or complaint.
There have been no complaints naming the City alleging discrimination on the
basis of race, color, or national origin with respect to service or other transit
benefits.
4. 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 Limited English Proficient (LEP).
7 8
In developing a language implementation plan VCTC and sub-recipients can
ensure that LEP persons have meaningful access to their programs and activities
by developing and carrying out a language implementation plan pursuant to the
recommendations in Section VII of the US DOT LEP Guidance.
VCTC adopted LEP procedures on October 5, 2007. The City has elected to
adopt these LEP procedures for inclusion in its Title VI Program.
5. PROMOTION OF INCLUSIVE PUBLIC PARTICIPATION
VCTC and sub-recipients are required to seek out and consider the viewpoints of
minority, low-income, and LEP populations in the course of conducting public
outreach and involvement activities. An agency's public participation strategy
shall offer early and continuous opportunities for the public to be involved in the
identification of social, economic, and environmental impacts of proposed
transportation decisions.
The City will continue to employ the following measures to seek out and consider
the viewpoints of minority, low-income, and LEP populations in the course of
conducting public outreach and involvement activities. These measures are
adopted from the VCTC Title VI Program. The public outreach and involvement
activities listed below were also undertaken since the last Title VI Program report
and shall remain in place to ensure that minority and low-income people have
meaningful access to these activities.
1. Bilingual (English & Spanish) information operators are available to respond to
customers calling the VCTC toll-free information line.
2. Bilingual-speaking staff is available to answer telephone inquiries on the City's
main line; and VCTC's ADA certification contractor utilizes English and Spanish-
speaking staff for scheduling ADA certification interviews.
3. A Spanish-speaking staff person will perform VCTC's ADA certification
interview if requested, or if the interview scheduler believes that it would be
necessary or beneficial.
4. The following materials shall be available in both English and Spanish: (i) ADA
Certification Brochure; (ii) ADA Certification Application; (iii) Senior & Disabled
Transit Services Directory.
5. VCTC shall provide Spanish-language media advertising as part of the
countywide transit marketing program.
79
6. SYSTEM-WIDE SERVICE STANDARDS AND POLICIES
[see VENTURA COUNTY TRANSPORTATION COMMISSION TITLE VI
PROGRAM, Chapter 4, Sections 4.2 & 4.3, pp. 20-29, adopted February 6, 2009
and any future amendments] (Attachment I).
The following exception applies for the City's Vehicle Load for fixed-route
service. VCTC's fixed-route vehicle load ratio is 1:1. The City's Vehicle Load will
be 1:1.4, or 1 seat for every 1.4 passengers, to account for the ability of
passengers to stand while in a City fixed-route vehicle.
80
Attachment I
2009 Title VI Update—2/6/09 Final Report Chapter 4 — Program Specific Requirements
Demographic and Service Profile Maps: Included in this report are five demographic and
service profile maps that illustrate as a whole that the minority and low-income population are
well served by the VISTA system. These maps are individually described below:
1. Exhibit 13 — A base map of Ventura County (VISTA service area) that includes numbered
census tracts, freeways and major roads, and rail lines. Minority population census tracts
are shaded in green.
2. Exhibit 14 — The same base map described above in Exhibit 13 with minority, low-income
and minority & low-income census tracts that are shaded with separate colors to identify
each grouping.
3. Exhibit 15 — A map showing VISTA routes, train stations, major bus transfer stations,
shopping centers, city halls, civic centers and colleges/university. Minority, low-income and
minority & low-income census tracts are shaded with separate colors to identify each
grouping.
4. Exhibit 16 — The same map described above in Exhibit 15 with population "dots" that
illustrate where the population resides in the County. The map shows that VISTA serves the
more populated areas in the county that include minority and low-income census tracts.
VISTA DAR services provided in Fillmore-Piru and Santa Paula are entirely located in
minority and/or low-income census tracts.
5. Exhibit 17 — A close-up view of VISTA routes with minority, low-income and minority & low-
income census tracts.
Census Tract Charts: The chart which identifies the minority census tracts in Ventura County
including numbers and percentages for each minority group within each tract is provided in
Attachment 4. Attachment 5 presents the average median household income for each tract and
identifies the low-income tracts.
4.2 Quantitative System-wide Service Standards
In order to comply with 49 CFR Section 21.5(b)(2) and (7), Appendix C to 49 CFR part 21,
recipients VCTC is required to adopt quantitative system-wide service standards necessary to
guard against discriminatory service design or operations decisions.
VCTC adopted the FTA recommended quantitative standards and indicators as part of the
original program except for on-time performance indicator that was added with the revised
circular dated May 2007. A recommendation will be made to begin tracking on-time
performance for inclusion in the next Title VI Program update.
A discussion of the adopted service indicators and VISTA performance against these indicators
follows the maps.
Ventura County Transportation Commission • c COH&Associates, Inc. 20
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2009 Title VI Update—2/6/09 Final Report Chapter 4 — Program Specific Requirements
Service Indicator 1: VEHICLE LOAD
Vehicle Load or load factor is a ratio of the number of seats on a vehicle to the number of
passengers. Load factor is an indicator of the extent of probable overcrowding or the need for
additional vehicles. It is also a means to determine whether the level of service on a particular
route at a particular time is adequate to assure a level of service deemed appropriate for the
transit system. As a service standard, load factor is typically expressed as a ratio (e.g., 1:1.25 or
1 seat for every 1.25 passengers). The load factor is determined by taking the number of seats
on a specific route which pass the peak point during the peak hour and dividing that into the
number of passengers that are actually carried past that point during that hour.
A Vehicle Load standard of 1:1 has been established for VISTA Intercity and DAR vehicles.
Vehicle loads are monitored for all routes to determine if additional vehicles are needed to avoid
overcrowding. Passengers are not allowed to stand on DAR vehicles, and it is preferable that
passengers not stand on buses.
VISTA Minimum Standard: Vehicle load shall not exceed 1:1 for VISTA Intercity and
DAR services.
Performance Review Results: VCTC complied with the previous recommendation to
track vehicle load by bus and route using a single system-wide figure. A sample of
vehicle loads by route and bus during peak periods was provided by VCTC staff using
FY07/08 Smart Card fare revenue system data. Based on the sample, average vehicle
loads were calculated for each route and listed in Exhibit 18. VISTA Routes that
exceeded the adopted load factor of 1:1 are Highway 101 (weekday service), Coastal
Express (weekday service), and the Santa Paula Commuter weekday service. Vehicle
loads for DAR services remain in compliance with the 1:1 load factor requirement
because passengers are not allowed to stand on DAR buses as controlled through the
reservation system.
Exhibit 18
S'Ait's3414 Vi
Highway 101 (Weekday) 1:1.01
Highway 101 (Saturday) 1:0.50
Conejo Connection (Weekday) 1:0.57
Highway 126 (Weekday) 1:0.98
Highway 126 (Saturday) 1:0.82
Ventura County Transportation Commission • c 3 COH&Associates, Inc. 26
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2009 Title VI Update—2/6/09 Final Report Chapter 4 — Program Specific Requirements
Coastal Express (Weekday) 1:1.09
Coastal Express (Saturday) 1:0.86
East County (Weekday) 1:0.69
East County (Sat. &Sun.) 1:0.25
CSUCI (Camarillo Route) 1:0.88
CSUCI (Oxnard Route) 1:0.59
Santa Paula Commuter(Weekday) 1:1.15
Service Indicator 2: VEHICLE HEADWAY
Vehicle headway is a measurement of the time interval between two vehicles traveling in the
same direction on the same route. The frequency of service is a general indication of the level of
service provided along a route and a factor in the calculation of the amount of travel time
expended by a passenger to reach his/her destination. It is generally expressed for peak end off
peak service as an increment of time (e.g., peak: every 15 minutes; and off peak: every 30
minutes).
Local bus service is usually more frequent than intercity bus service because the travel distance
is generally longer on intercity buses. This is the case for VISTA intercity services that traverse
the county and neighboring counties to connect with other bus operations and commuter rail.
Scheduled VISTA headways range from less than 30 minutes during peak hours to over 2 hours
for the longer limited runs such as to Warner Center in LA County. Because service to both LA
and Santa Barbara counties is limited, the minimum headways standard shall apply only to
VISTA intercity routes operating within Ventura County. The variation in headways between
VISTA routes and time of day is largely based on the travel patterns and needs of commuters in
the county matched with available funding to operate the service. Since DAR services are
demand responsive rather than on a fixed schedule, headways and vehicle headway standards
to not apply to the VISTA DAR services.
VISTA Minimum Standard: Scheduled headways for VISTA Intercity bus routes
operating in Ventura County shall not exceed 90 minutes (1.5 hours) during the peak
period on weekdays, and 180 minutes (3.0 hours) during the off-peak on weekdays and
on weekends.
Performance Review Results: Based on a review of scheduled headways the VISTA
system is in compliance with the adopted headway standard maximum of 90 minutes
Ventura County Transportation Commission * COH&Associates, Inc. 27
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2009 Title VI Update—2/6/09 Final Report Chapter 4 — Program Specific Requirements
during peak periods on weekdays and 180 minutes off-peak on weekdays and
weekends.
Service Indicator 3: DISTRIBUTION OF TRANSIT AMENITIES
Transit amenities refer to items of comfort and convenience available to the general public such
as escalators at rapid rail stations and "park-and-ride" facilities, etc. Policies or standards in this
area address how these amenities are distributed within the transit system. The manner in
which such amenities/ facilities are distributed determines whether transit users have equal
access to these.
The VISTA system primarily relies on facilities provided by local transit agencies, cities, the
County and others for intercity stop locations. VISTA has not installed bus stops or shelters at
stop locations, and has no plans to do so in the future. Any benches, shelters and facilities that
exist where VISTA provides service have been provided by another entity, except for two
Metrolink stations owned by VCTC in Camarillo and Montalvo (in Ventura).
VCTC allocates all amenities to the VISTA system in a manner that ensures equal access to
these amenities by the public as appropriate.
VISTA Minimum Standard: Transit amenities provided by VCTC for VISTA services
shall be made equally available to all transit vehicles and stops as appropriate to ensure
equal access to these amenities by the public.
Performance Review Results: Transit amenities previously implemented by VCTC
such as the Smart Card and the NExtbus real-time bus locating system remain
implemented and available throughout the County. No other significant transit amenities
have been added since the last report.
Service Indicator 4: TRANSIT ACCESS
Transit access is a measure of the distance a person must travel to gain access to transit
service. When measured in time intervals, it is a component of the calculation of travel time.
Transit access is a general measure of the distribution of routes within a transit district. The
standards or policies covering this area apply to existing services as well as proposed changes
in levels of service (e.g., expansion, addition, deletion, etc. of routes).
The Transit Access indicator works best for local bus services such as Gold Coast Transit than
for intercity bus service. In general, intercity bus service differs from local transit systems in that
intercity buses run longer distances and make fewer stops to pick up passengers. The VISTA
Intercity buses run long distances to connect with local transit systems that serve population
centers that are geographically distributed throughout the county. The exception is the VISTA
DAR in the communities of Fillmore and Santa Paula where curb to curb service is provided to
anyone through the DAR reservation system. All local municipal bus systems have access to
VISTA services by connecting at the most convenient locations for patronage while keeping
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2009 Title VI Update—2/6/09 Final Report Chapter 4 — Program Specific Requirements
stops to a minimum for quicker cross-county connections. The common standard used by local
transit systems, normally measured in the distance a person must travel to access VISTA,
therefore does not work for VISTA intercity services. Making VISTA available for connection to
local transit systems shall be considered providing reasonable access to the VISTA system.
Since VISTA DAR provides curb to curb service in two service areas, having equal access and
opportunity to make reservations for DAR service shall be considered providing equal access to
the VISTA system.
VISTA Minimum Standard: For VISTA intercity services, routes shall exist and operate
along the major north-south and east-west highway corridors in Ventura County (101,
118, 23, and 126) to enable access to the municipal transit systems in the county. For
VISTA DAR services, the general public shall have equal access to transit services by
having equal opportunity and access to the DAR reservation system. Equal access and
opportunity means that no person shall be denied the ability to make a reservation or to
access VISTA as a result of their race, ethnicity, or national origin.
Performance Review Results: VISTA routes continue to operate on the freeway
system in the County. The DAR services, including the call-in reservation system,
remain available to the public without regard to race, ethnicity or national origin.
4.3 System-wide Service Policies
In order to comply with 49 CFR Section 21.5(b)(2) and 49 CFR Section 21.5(b)(7), Appendix C
to 49 CFR part 21, VCTC is required to adopt system-wide service policies necessary to guard
against service design and operational policies that have disparate impacts. System-wide
policies differ from service standards in that they are not necessary based on a quantitative
threshold.
VCTC adopted the FTA recommended system-wide standard of"Vehicle Assignment" as part of
VCTC's original Title VI Program. This is the only System-wide Service policy standard for the
VISTA system. The transit security service policy suggested by FTA in the Title VI circular is not
appropriate for the VISTA system at this time given relatively low crime statistics.
Service Policy 1: VEHICLE ASSIGNMENT
Vehicle Assignment refers to the process by which transit vehicles are assigned to routes
throughout the system due to variations among vehicles (e.g., age, type or size, amenities, etc.),
types of service offered (e.g., express or local, long- or short-haul, etc.), timing of vehicle
assignment (e.g., time of day, day of week, holiday/non-holiday, etc.), and other factors (e.g.,
origin points of vehicles, etc.).
VISTA utilizes identical buses for all corridors. DAR vehicles are not assigned to routes but
rather are based on reservations made throughout the two DAR service areas. Service hours
and headways are relatively consistent among the VISTA services with emphasis on making
connections with local municipal transit systems.
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