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Home My WebLink AboutTIC 2019-11-19 Item 2B - Resolution - Title IV ProgramCi!Y of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee - FROM: Jack Pace, Department of Community Development Directo BY: Alison Turner, Sustainable Transportation Program Manager Tony Cullerton, Finance Deputy Director Niesha Fort -Brooks, Community Engagement Manager CC: Mayor Ekberg DATE: November 15, 2019 SUBJECT: Resolution Adopting a Title VI Program ISSUE Approve a Resolution to formally establish a Title VI Program BACKGROUND Title VI of the Civil Rights Act of 1964 is a federal statute that provides that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, denied the benefits of, or be subjected to discrimination under any programs or activity receiving federal financial assistance. While some Title VI Program elements are currently being implemented in the City, a Title VI Program has not been formally adopted citywide. For example, Public Works produces an annual report to the Washington State Department of Transportation to remain eligible for federal funding on capital projects. DISCUSSION Staff from the Department of Community Development, Public Works, Finance, and Communications have been meeting to understand what the City needs in place to comply with federal Title VI requirements. Transportation Demand Management (TDM) Program funding is potentially available via King County Metro through a TDM Corridor Strategies Supporting Centers federal Congestion Mitigation and Air Quality grant. Metro has requested the City adopt this special transit Title VI Program as a sub -grantee to King County. This Title VI Program includes a notice to the public, posted at City Hall and on the website, that the City complies with the requirements of Title VI and related statues and regulations. It also includes a complaint process and form. The TDM team is asking Council to adopt this resolution to be eligible to accept the passthrough funding from Metro. Staff will further develop an organization -wide Title VI Program that meets all federal requirements in 2020. FINANCIAL IMPACT There will be no impact to the general fund. RECOMMENDATION Council is being asked to approve the Resolution to formally establish a Title VI Program and consider this item at the November 25, 2019, Committee of the Whole meeting and subsequent December 2, 2019, Regular Meeting. ATTACHMENTS Attachment A: Resolution Attachment B: 2019 City of Tukwila Title VI Program DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING ADOPTION OF A TITLE VI PROGRAM AND THE REPORTING REQUIREMENTS AS REQUIRED BY THE FEDERAL TRANSIT ADMINISTRATION. WHEREAS, Title VI of the Civil Rights Act of 1964 is a federal statute that provides that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance; and WHEREAS, all programs receiving financial assistance from the Federal Transit Administration (FTA) are subject to Title VI and the U.S. Department of Transportation's implementing regulation at 49 CFR part 21; and WHEREAS, the City of Tukwila is a recipient of financial assistance from the FTA through its financial agreements with King County; and WHEREAS, the FTA requires that all recipients of financial assistance from the FTA document their compliance by adopting a Title VI program; and WHEREAS, King County has requested that the City of Tukwila, as a sub -grantee, comply with this requirement, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City of Tukwila Title VI Program, attached hereto as Exhibit A, is adopted. Section 2. This resolution shall be effective immediately upon passage. WALegislative Development\Title VI Program adopted 11-8-19 AT:bjs Review and analysis by Barbara Saxton Page 1 of 26 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 7 2019. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Kathy Hougardy, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Attachment: Exhibit A-2019 City of Tukwila Title VI Program W:\Leg'islative Development\Title VI Program adopted 11-8-19 AT:bjs Review and analysis by Barbara Saxton Page 2 of 27 Exhibit A 2019 City of Tukwila Title VI Program I n °I° � ti t I n The City of Tukwila ("City") is a Federal Transit Administration sub -grantee to King County. King County Metro contracts with the City to fund commuter incentives, employer programs, and other transportation demand management efforts. The City does not directly provide any transit service. To meet certain Title VI program requirements, the City has its own procedures such as a complaint process and public participation. The City will rely upon the analysis and overall program efforts conducted by King County Metro to meet requirements, e.g. Limited English Proficiency. Since the City does not operate any transit service, this plan only addresses the General Reporting Requirements. ° eoie III iR I o� fig Requirements A. Title VI Notice to the Public The City of Tukwila notifies the public that it complies with the requirements of Title VI and related statutes and regulations. Notices are posted in City Hall and on the program website. The wording of the notice follows: The City of Tukwila hereby gives public notice that it is the policy of the City to assure full compliance with Title VI of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987, Executive Order (E.O.) 12898, and related statutes and regulations in all programs and activities. Title VI requires that no person in the United States of America shall, on the ground of race, color, national origin, or sex be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the City receives federal financial assistance. Any person who believes they have been aggrieved by an unlawful discriminatory practice under Title VI has a right to file a formal complaint with the City of Tukwila. Any such complaint must be in writing and filed with the office of the City Clerk within 180 days following the date of the alleged discriminatory occurrence. B. Title VI Complaint Procedures and Form A Title VI complaint form and instructions for filling out a Title VI complaint can be obtained from the City Clerk's Office. A copy of the complaint form is in Appendix A along with the instructions for completing the form. 38 C. Title VI Investigations, Complaints, and Lawsuits The City of Tukwila has had no Title VI complaints related to transit during the past three years. D. Public Participation Plan The City of Tukwila fully encourages public involvement and participation in decision -making processes. As part of the King County Department of Transportation work plan for public transit projects, the City adopts the public participation plan of King County Metro Title VI Program Report and will coordinate with King County Metro in public participation efforts related to transit projects being managed by the City of Tukwila. E. Language Assistance Plan The City relies upon the limited English proficiency analysis conducted by King County. Additional limited English proficiency compliance research conducted by the City of Tukwila indicates that the most prevalent non-English languages spoken in Tukwila are Spanish, Vietnamese and Somali. The City contracts with Language Line Solutions to provide interpretations free of charge for customers/residents in need of services. Language Line translates more than 240 languages 24 hours a day, 7 days a week. F. Monitoring Sub -recipients The City has no sub -recipients. It will cooperate with King County Metro in providing information and attending meetings as required by King County Metro in its monitoring procedures of our efforts. G. Review of Facilities Constructed The City did not build any storage facilities, maintenance facilities or operations centers and did not modify any facilities that require a Title VI analysis. H. Documentation of Governing Body Review and Approval of the Title VI Program. On December 2, 2019, the City Council adopted this Title VI program. The documentation of approval is found in Appendix B. 2 39 TITLE COMPLAINT PROCESS AND FORM COMPLAINT OF TITLE VI DISCRIMINATION AGAINST THE CITY OF TUKWILA, WASHINGTON Who can file a Title VI complaint? • A person who believes he or she has experienced discrimination based on race, color, national origin or sex as provided by Title VI of the Civil Rights Act of 1964 and the Civil Rights Restoration Act of 1987. • Someone may file on behalf of classes of individuals. How do I file a complaint? Fill out this form completely to help us process your complaint. Submit the completed form to the City Clerk's Office within 180 calendar days of the alleged discriminatory act. What happens when I file a complaint? The City will send you a written receipt of your complaint and will forward a copy of your completed complaint form to the City department named as Respondent. The City will designate a person to facilitate and coordinate responses to your Title VI complaint, and this person will contact you. The duties of this individual include but are not limited to: • technical assistance to the department on requirements and regulations • coordination of meetings between the parties, if needed • monitoring completion of any future activities included in a complaint response • other services as requested or deemed appropriate Following an investigation of the complaint, the City will send you a letter of resolution. What if I don't agree with the department's letter of resolution? A complainant who does not agree with the letter of resolution may submit a written request for a different resolution to the City within 30 days of the date the complainant receives the City's response. Do I need an attorney to file or handle complaint? No. However, you may wish to seek legal advice regarding your rights under the law. Return this form to: City of Tukwila City Clerk's Office P.O. Box 97010 Tukwila WA 98073-9710 Telephone: 425-556-2190 Email: Cit Clerk Tukwila. ov COMPLAINT OF TITLE VI DISCRIMINATION AGAINST THE CITY OF TUKWILA, WASHINGTON Complainant Contact Information Name Street address/City/State/Zip code Work phone #/Home phone #/Mobile phone # Email address Additional mailing address If you are an inmate at a county correctional facility, include your BA number here Aggrieved party contact information (if different from complainant): Name Street address/City/State/Zip code Work phone #/Home phone #/Mobile phone # Email address 4 41 Name of respondent — City of Tukwila, Washington Department or agency (if known) Address/location (if known) Date of Incident Statement of Complaint — Include all facts upon which the complaint is based. Attach additional sheets if needed. I believe the above actions were taken because of my: Race National Origin Religion Color Sex Other _ Name, position, and department of City employees you have contacted regarding the incident(s). eV: Witnesses or other involved — provide name, address, telephone number(s) and e-mail (if available). Attach additional sheets if needed. If you have filed a grievance, complaint or lawsuit regarding this matter anywhere else, give name and address of each place where you have filed. Attach additional sheets if needed. In the complainant's view, what would be the best way to resolve the grievance? I affirm that the foregoing information is true to the best of my knowledge and belief. I understand that all the information becomes a matter of public record after the filing of this complaint. Complainant Date Aggrieved Party Date 43 ApperidN P City Approval of Title VI Program 44