Support Material Agenda Item No. 11 General Policy Committee Meeting March 11, 2020 9:00 AM Location: San Bernardino County Transportation Authority First Floor Lobby Board Room Santa Fe Depot, 1170 W. 3rd Street San Bernardino, CA 92410 DISCUSSION CALENDAR Administrative Matters 11. 2020 Title VI Program Update, including Public Participation Plan and Language Assistance Plan That the General Policy Committee recommend the Board, acting as the San Bernardino County Transportation Authority: Approve the 2020 Title VI Program Report, including the Public Participation Plan and Language Assistance Plan, in compliance with Federal Transit Administration requirements. The 2020 Title VI Program Report is being provided as a separate attachment. Title VI Program: • Title VI Program Overview • Attachment A – Title VI Vital Documents • Attachment B – (Spanish) Title VI Vital Documents • Attachment C – SBCTA Public Participation Plan • Attachment D – SBCTA Language Assistance Plan San Bernardino County Transportation Authority Title VI Program Prepared for the Federal Transit Administration In accordance with FTA Circular 4702.1B Board of Directors Approved on ________ 1170 West 3rd Street, 2nd Floor San Bernardino, CA 92410-1715 This document was prepared by AMMA Transit Planning on behalf of San Bernardino County Transportation Authority (SBCTA). This Title VI Program complies with Title VI of the Civil Rights Act of 1964, including new provisions detailed in the U.S. Department of Transportation’s FTA Circular 4702.1B, Title VI Requirements and Guidelines for Federal Transit Administration Recipients. SBCTA Title VI Program i Updated January 2020 Table of Contents Table of Contents ......................................................................................................................................... ii Introduction and Purpose ............................................................................................................................ 1 Background of SBCTA ................................................................................................................................... 2 Title VI Notice to the Public .......................................................................................................................... 2 Title VI Complaint Procedures and Complaint Form .................................................................................... 4 List of Transit-Related Title VI Investigations, Complaints or Lawsuits ........................................................ 4 Public Participation Plan .............................................................................................................................. 5 Language Assistance Plan ............................................................................................................................. 5 Membership of Nonelected Committees and Councils ............................................................................... 5 Subrecipient Compliance ............................................................................................................................. 7 Title VI Equity Analysis for Determining the Site or Location of Facilities .................................................... 8 Approval of the Title VI Program .................................................................................................................. 8 Attachments Attachment A: Title VI Vital Documents Attachment B: Spanish Title VI Vital Documents Attachment C: SBCTA Public Participation Plan Attachment D: SBCTA Language Assistance Plan SBCTA Title VI Program ii Updated January 2020 This page intentionally left blank. SBCTA Title VI Program iii Updated January 2020 Introduction and Purpose Title VI of the Civil Rights Act of 1964 protects persons in the United States from being excluded from participation in, denied the benefits of or subjected to discrimination on the basis of race, color or national origin in any program or activity receiving federal financial assistance. The Federal Transit Administration (FTA), under the Federal Department of Transportation (DOT), requires recipients to adopt a Title VI Program pursuant to FTA Circular 4702.1B, Title VI Requirements and Guidelines for Federal Transit Administration Recipients. A recipient of FTA funds, San Bernardino County Transportation Authority (SBCTA) is committed to ensuring that its services are delivered and implemented in accordance with Title VI and other non- discriminatory regulations. SBCTA also complies with non-discriminatory regulations at the state level and ensures that its programs and services comply with Title VI, whether federally funded or not. The Circular has general requirements for all recipients and additional guidelines for Fixed-Route Transit Providers, States and Metropolitan Planning Organizations (MPOs). As the Regional Transportation Planning Agency (RTPA), County Transportation Commission (CTC) and Council of Governments (COG) for San Bernardino County, only the general requirements and guidelines are applicable to SBCTA, and they are as follows: 1) Title VI Notice to the Public 2) Title VI Complaint Procedures 3) Title VI Complaint Form 4) List of transit-related Title VI investigations, complaints or lawsuits 5) Public Participation Plan 6) Language Assistance Plan 7) A table depicting the membership on nonelected committees broken down by race 8) Monitoring procedures for Subrecipients 9) Title VI equity analysis for the site and location of facilities 10) Documentation that the governing board has reviewed and approved he Title VI Program The following sections of this report document how SBCTA is in compliance with each requirement. SBCTA Title VI Program Updated November 2019 Background of SBCTA San Bernardino Associated Governments (SANBAG) is a cooperative association of governments formed in 1973 pursuant to a Joint Exercise of Powers Agreement (JPA). Prior to Jan. 1, 2017, SANBAG operated in various capacities: congestion management agency, local transportation authority, service authority for freeway emergencies and County Transportation Commission (collectively, the “San Bernardino County Consolidated Agencies”). SANBAG continues to exist as a JPA, functioning as a council of governments, but no longer has any transportation-related function. The San Bernardino County Transportation Authority Consolidation Act of 2017 consolidated those agencies into one entity, the San Bernardino County Transportation Authority (SBCTA), effective Jan. 1, 2018 (Public Utilities Code §§ 130800 et seq.). Serving more than 2.1 million residents of San Bernardino County, SBCTA is responsible for cooperative regional planning and furthering an efficient multi-modal transportation system countywide. SBCTA administers Measure I, the half-cent transportation sales tax approved by County voters in 1989, and supports freeway construction projects, regional and local road improvements, train and bus transportation, railroad crossings, call boxes, ridesharing, congestion management efforts, and long-term planning studies. Title VI Notice to the Public Recipients must notify beneficiaries of protections under Title VI by posting a notice in public locations that confirms that the recipient complies with Title VI and provides instructions on how to file a Title VI complaint to SBCTA and directly to the FTA. The following Notice to the Public is available at: § SBCTA’s website: https://www.gosbcta.com/about-us/about-sbcta/ § The front desk of SBCTA’s offices at 1170 West 3rd Street, San Bernardino, CA 92410. The notice is considered a vital document and is available in Spanish, consistent with DOT limited- English proficient (LEP) guidance and SBCTA’s Language Assistance Plan (LAP). The Spanish translation is also available on the website and at SBCTA’s front desk. The translated Notice is provided in Attachment B. SBCTA Title VI Program 2 Updated January 2020 SBCTA Title VI Notice SBCTA Title VI Program 3 Updated January 2020 Title VI Complaint Procedures and Complaint Form 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. Recipients also must develop a Title VI complaint form and make this form available. SBCTA’s Complaint Procedures and Complaint Form are provided in Attachment A. These documents are available on SBCTA’s website and at the front desk of SBCTA’s offices at 1170 West 3rd Street, San Bernardino, CA 92410. In addition to the Public Notice, the Complaint Procedures and Complaint Form are considered vital documents and are, therefore, available in Spanish, consistent with the DOT LEP Guidance and SBCTA’s LAP. The Spanish version of these forms is provided in Attachment B. List of Transit-Related Title VI Investigations, Complaints or Lawsuits FTA requires that files of investigations, complaints or lawsuits that pertain to allegations of discrimination on the basis of race, color or national origin in transit-related activities and programs be maintained for three years and a list of cases be held for five years. That list should be reported in the Title VI Program. SBCTA received one Title VI Complaint in 2017. The complaint was investigated following SBCTA’s policies and was determined not to be a Title VI issue. Redacted for Privacy SBCTA Title VI Program 4 Updated January 2020 Public Participation Plan Recipients are required to promote inclusive public