HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL DANIEL BOBADILLA, P.E., INTERIM PUBLIC WORKS DIRECTOR/CITY ENGINEER

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1 CONSENT ITEM E-5 TO: VIA: FROM: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER DANIEL BOBADILLA, P.E., INTERIM PUBLIC WORKS DIRECTOR/CITY ENGINEER DATE: APRIL 20, 2015 SUBJECT: CONSIDERATION OF THE FIRST AMENDMENT TO THE CITY OF AZUSA TITLE VI PROGRAM SUMMARY As a pass-through agency for Federal Transit Administration (FTA) funds for the intermodal parking structure, Los Angeles County Metropolitan Transit Authority (LACMTA) has asked the City of Azusa to issue an addendum to the existing. This amendment adds requested additional language to the existing. RECOMMENDATION It is recommended that the City Council take the following actions: 1. Approve the First Amendment to the City of Azusa. 2. Authorize the Mayor to execute the amendment on behalf of the City. DISCUSSION Sub-recipients of grant funds from the FTA are required to comply with Title VI of the Civil Rights Act of 1964 which 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 subjected to discrimination under any program or activity receiving federal financial assistance. To ensure compliance, a must be prepared and submitted to the California Department of Transportation (Caltrans). The City of Azusa City Council approved a on September 2, 2014 and it was subsequently approved by Caltrans on October 1, LACMTA, acting as the pass-through Agency for FTA funding intended for the intermodal parking structure, has asked the City of Azusa to make a few minor modifications/clarifications to the existing

2 . They are identified as follows and are highlighted in the attached proposed updated : Public Participation Plan (Page 13) City Council and Commission Meetings Open to the Public City Council and Advisory Committee meetings are open to the public and announced on the agency s website. When public meetings are held they are held in ADA accessible buildings. Meetings to discuss changes or additions to the transportation program are publicized by posting the agenda at the City Clerk s office, the Police Department, the Library, in front of The Auditorium, Light & Water, and on the City s web-page. Minority Representation on Planning and Advisory Bodies (Page 19) Azusa does not have a transit related planning advisory board. Determination of Site of Location of Facilities (Page 20) Section 13 of the Title VI Requirements and Guidelines for Federal Transit Administration Recipients defines transit facilities as storage facilities, maintenance facilities, and operations centers. No FTA funds have been used to construct a transit facility and therefore this requirement does not apply. Per the aforementioned guidelines, the proposed parking structure is considered a transit station. FISCAL IMPACT There is no fiscal impact to the City. Prepared by: Nikki Miller Senior Management Analyst Reviewed and approved: Daniel Bobadilla, P.E. Interim Public Works Director/City Engineer Reviewed and Approved: Troy L. Butzlaff, ICMA-CM City Manager Attachments: - Amended

3 TITLE VI PROGRAM Developed: July, 2014 Approved by Azusa City Council: September 2, 2014 Amended by Azusa City Council: April 20, East Foothill Blvd. Azusa, California INTRODUCTION This document was prepared by the City of Azusa to comply with Title VI of the Civil Rights Act of 1964, including new provisions detailed in U.S. Department of Transportation s FTA Circular B, Title VI Requirement and Guidelines for Federal Transit Administration Recipients.

4 Table of Contents Title VI Notice to the Public Pg. 3 List of Locations Where Title VI Notice Is Posted Pg. 5 Title VI Complaint Procedures Pg. 6 Title VI Complaint Form Pg. 7 Title VI Complaint Procedures (Spanish) Title VI Complaint Form Pg. 9 Pg. 10 List of Transit-Related Title VI Investigations, Complaints, and Lawsuits Pg. 12 Public Participation Plan Pg. 13 Summary of Outreach Efforts Made Since 2009 Title VI Submission Pg. 13 Language Assistance Plan Pg. 15 Language Assistance Implementation Plan Pg. 19 Safe Harbor Provision Pg. 20 Determination of Site of Location of Facilities Pg. 20 2

5 City of Azusa Title VI Notice to the Public Notifying the Public of Rights Under Title VI City of Azusa City of Azusa operates its programs and services without regard to race, color, and national origin in accordance with Title VI of the Civil Rights Act. Any person who believes she or he has been aggrieved by any unlawful discriminatory practice under Title VI may file a complaint with the City of Azusa. For more information on Azusa s civil rights program, and the procedures to file a complaint, contact (626) , or visit our administrative office at 213 East Foothill Blvd., Azusa, California, For more information, visit A complainant may file a complaint directly with the Federal Transit Administration by filing a complaint with the Office of Civil Rights, Attention: Coordinator, East Building, 5th Floor-TCR, 1200 New Jersey Ave., SE, Washington, DC If information is needed in another language, contact (626)

6 Notificar al público de los derechos bajo el título VI Ciudad de Azusa La Ciudad de Azusa opera sus programas y servicios sin respecto a raza, color y origen nacional con arreglo al título VI de la Civil Ley de derechos. Cualquier persona que cree que él o ella ha sido agraviado por cualquier práctica discriminatoria ilegal bajo el título VI puede presentar una queja con la Ciudad de Azusa. Para obtener más información sobre el programa derechos civiles capaz de industrias y el procedimientos para presentar una queja, llame al (559) , o visite nuestra oficina administrativa en 213 E. Foothill Blvd., Azusa, California, Para más información información, visite Un demandante puede presentar una queja directamente con el Federal Transit Administration por archivar una queja con la Office of Civil Rights, Attention: Coordinator, East Building, 5th Floor-TCR, 1200 New Jersey Ave., SE, Washington, DC Si se necesita información en otro idioma, contacte al (626)

7 List of Locations Where Title VI Notice Is Posted The City of Azusa notice to the public is currently posted at the following locations: Location Name Address City Azusa City Hall 213 East Foothill Blvd. Azusa Azusa City Yard 809 N. Angeleno Ave. Azusa Transit Vehicles The Title VI notice and program information is also provided at 5

8 Title VI Complaint Procedures As a recipient of federal dollars, the City of Azusa is required to comply with Title VI of the Civil Rights Act of 1964 and ensure that services and benefits are provided on a nondiscriminatory basis. The City of Azusa has in place a Title VI Complaint Procedure, which outlines a process for local disposition of Title VI complaints and is consistent with guidelines found in the Federal Transit Administration Circular B, dated October 1, Any person who believes she or he has been discriminated against on the basis of race, color, or national origin by the City of Azusa may file a Title VI complaint by completing and submitting the agency s Title VI Complaint Form. The City of Azusa investigates complaints received no more than 180 days after the alleged incident. The City of Azusa will only process complaints that are complete. Within 10 business days of receiving the complaint, the City of Azusa will review it to determine if our office has jurisdiction. The complainant will receive an acknowledgement letter informing her/him whether the complaint will be investigated by our office. The City of Azusa has 30 days to investigate the complaint. The complainant will be notified in writing of the cause to any planned extension to the 30-day rule. If more information is needed to resolve the case, the City of Azusa may contact the complainant. The complainant has 10 business days from the date of the letter to send requested information to the investigator assigned to the case. If the investigator is not contacted by the complainant or does not receive the additional information within 10 business days the City of Azusa can administratively close the case. A case can be administratively closed also if the complainant no longer wishes to pursue their case. After the investigator reviews the complaint, she/he will issue one of two letters to the complainant: a closure letter or a letter of finding (LOF). A closure letter summarizes the allegations and states that there was not a Title VI violation and that the case will be closed. An LOF summarizes the allegations and the interviews regarding the alleged incident, and explains whether any disciplinary action, additional training of the staff member, or other action will occur. If the complainant wishes to appeal the decision, she/he has 10 business days after the date of the letter or the LOF to do so. A person may also file a complaint directly with the Federal Transit Administration, at FTA Office of Civil Rights, 1200 New Jersey Avenue SE, Washington, DC

9 City of Azusa Title VI Complaint Form COMPLAINT FORM Section I: Please write legibly 1. Name: 2. Address: 3. Telephone: 3.a. Secondary Phone (Optional): 4. Address: 5. Accessible Format Requirements? Section II: [ ] Large Print [ ] Audio Tape [ ] TDD [ ] Other 6. Are your filing this complaint on your own behalf? YES* NO *If you answered yes to #6, go to Section III. 7. If you answered no to #6, what is the name of the person for whom you are filing this complaint? Name: 8. What is your relationship with this individual: 9. Please explain why you have filed for a third party: 10. Please confirm that you have obtained permission of the YES aggrieved party to file on their behalf. Section III: 11. I believe the discrimination I experienced was based on (check all that apply): NO [ ] Race [ ] Color [ ] National Origin 12. Date of alleged discrimination: (mm/dd/yyyy) 13. Explain as clearly as possible what happened and why you believe you were discriminated against. Describe all persons who were involved. Include the name and contact information of the person(s) who discriminated against you (if known), as well as names and contact information of any witnesses. If more space is needed, please attach additional sheets of paper. 7

10 COMPLAINT FORM City of Azusa Title VI Complaint Form, Page 2 Section IV: 14. Have you previously filed a Title VI complaint with your agency name here? YES NO Section V: 15. Have you filed this complaint with any other Federal, State, or local agency, or with any Federal or State court? [ ] YES* [ ] NO If yes, check all that apply: [ ] Federal Agency [ ] State Agency [ ] Federal Court [ ] Local Agency [ ] State Court 16. If you answered yes to #15, provide information about a contact person at the agency/court where the complaint was filed. Name: Title: Agency: Address: Telephone: Section VI: Name of Transit Agency complaint is against: Contact Person: Telephone: You may attach any written materials or other information that you think is relevant to your complaint. Signature and date are required below to complete form: Signature Date Please submit this form in person or mail this form to the address below: Director of Public Works, Title VI Coordinator 213 East Foothill Blvd. 8

11 Azusa, CA City of Azusa Titulo VI Procedimiento de Queja Como un receptor de dólares federales, la Ciudad de Azusa. tiene que cumplir con lo dispuesto en el Titulo VI de la ley de los derechos civiles de 1964 y asegúrese de que los servicios y los beneficios se proporcionen sobre una base no discriminatoria. La Ciudad de Azusa ha puesto en marcha un procedimiento de queja Titulo VI, que emboza un proceso de disposición local de quejas del Titulo VI y es consistente con las pautas de Administración Federal de Transito Circular B, de Octubre 1, Cualquier persona que cree que ha sido objeto de discriminación por motives de raza, color, u origen nacional por la Ciudad de Azusa puede presentar al Titulo VI su denuncia. La Ciudad de Azusa investiga las quejas no mas de 180 días después del incidente. La ciudad solo tramitara las quejas que están completas. En un periodo de 10 días de haber recibido la demanda, la Cuidad de Azusa revisara para determinar si nuestra oficina tiene la jurisdicción. El autor de la queja, recibirá un acuse de recibo informándole al denunciante que será notificado por escrito si el caso de él/ella el será investigado por nuestra oficina. La Cuidad the Azusa tiene 30 días para investigar la queja. Si necesita mas información para resolver el caso, la Cuidad de Azusa puede contactar al autor de la queja. El autor de la queja tiene 10 días de la fecha que recibió la carta para solicitar un investigador que sea asignado al caso. El caso se puede cerrar también si el autor de la queja no desea proseguir con el caso. Después de que el investigador analice la queja, el / ella emitirá una de las dos cartas a la denunciante. 9

12 FORMA DE QUEJA CIUDAD DE AZUSA Seccion I: Escribir en forma legible 1. Nombre: 2. Direccion: 3. Telefono: 3.a. Telefono secundario(opcional): City of Azusa 4. Direccion de correo electronico: 5.Reuistos de forma [ ] Impresion grande [ ] Cinta de audio accesible? [ ] TDD [ ] Otros Seccion II: 6.Esta presentando esta queja en su propio nombre? Si No *Si usted contesto Si to #6, vaya a la Seccion III. 7. If you answered no to #6, what is the name of the person for whom you are filing this complaint? Name: 8. Cual es su relacion con este individuo: 9. Por favor, explique por que han presentado para una tercera parte: 10. Por favor, confirme que ha obtenido el permiso de la parte agraviada en el archivo en su nombre. Si No Seccion III: 11.Creo que la discriminacion que he experimentado fue basado en (marqu todas las que correspondan): [ ] Raza [ ] Color [ ] Origin nacional 12. Fecha de supuesta discriminacion: (mm/dd/aaaa) 13.Explica lo mas claramente posible lo que ocurrio y por que usted cree que son objeto discriminacion. Describir todas las personas que han participado. Incluir el nombre y la informacion de contacto de la(s) persona(s) que discrimina contra usted (si se conoce), asi como los nombres y la informacion de contacto de los testigos. Si se necesita mas espacio, por favor adjunte hojas adicionales de papel. 10

13 FORMA DE QUEJA CIUDAD DE AZUSA PAGINA 2 City of Azusa Seccion IV: Anteriormente ha presentado un Titulo VI denuncia con la **************. Si No Seccion V: 15. Ha presentado esta queja con cualquier otro local, estato o federal, o con cualquier Federal o Estato? [ ] Si* [ ] No si la respuesta es si Marque todo lo que apliqua [ ] Agencia Federal [ ] Agencia Estatal [ ] Federal Tribunal [ ] Agencia Local [ ] Tribunal Estatal 16. Si usted contesto "si" a la posicion #15, proporcionan informacion acerca de una persona de contacto en la agencia/tribunal donde se presento la denuncia. Nombre: Titulo: Organismo: Direccion: Telefono: Correo electronico: Seccion VI: Nombre de organismo Transito denuncia es contra: Persona de contacto: Telefono: 11

14 List of Transit-Related Title VI Investigations, Complaints, and Lawsuits The City of Azusa has not been involved in any transportation-related Title VI investigations, lawsuits or complaints. City of Azusa List of Investigations, Lawsuits and Complaints Type of Process Date Summary (including basis of complaint) Investigations 1. None 2. Lawsuits 1. None 2. Complaints 1. None 2. Status Action(s) Taken 12

15 Public Participation Plan City of Azusa About City of Azusa The City of Azusa was founded in 1887 and incorporated as a general law city on December 29, The City is located in the County of Los Angeles, situated 27 miles northeast of the City of Los Angeles, and nestled against the San Gabriel Mountain foothills. The City of Azusa encompasses 9.13 square miles and has a population of approximately 46,361. Educational facilities include nine public elementary / middle schools, two public high schools, one private school, and one private university. In the California State Legislature, Azusa is located in the 24th Senate District, represented by Democrat Gloria Romero, and in the 57th Assembly District, represented by Democrat Edward P. Hernandez. Federally, Azusa is located in California's 32nd congressional district, and is represented by Democrat Grace Napolitano. Purposes of this Plan Public participation is the process through which stakeholders can partake directly in agency decision-making, and express their concerns, desires, and values. It is the mission of this agency to "improve the lives of people with disabilities by creating opportunities to maximize their independence." At every opportunity through prescribed methods the agency will solicit input from stakeholders in order to best support persons served without creating disproportionately high and adverse human health or environmental effects on minority and/or low-income populations. Summary of Outreach Efforts The following is a summary of outreach efforts conducted by the City of Azusa as they relate to Title VI requirements under the Public Participation Plan. Many of our activities are conducted in partnership or ad hoc outreach with other service organizations and non-profit agencies within the community. This is in no way a complete list but rather documents the agency's outreach efforts as they relate specifically to minority and low-income populations. City Council and Commission Meetings - Open to the Public City Council and Advisory Commission meetings are open to the public and announced on the agency's website. When public meetings are held they are held in ADA accessible buildings. Meetings to discuss changes or additions to the transportation program are publicized by posting the agenda at the City Clerk s office, the Police Department, the Library, in front of The Auditorium, Light & Water, and on the City s web-page. Los Angeles County Office of Emergency Services The City of Azusa has worked in conjunction with the Los Angeles County Office of Emergency Services for the last three years in the development of the Los Angeles County Evacuation Plan. This plan specifically addresses the needs of populations at risk including disabled, minority and low-income. This partnership also includes a coordinated plan in which this agency will provide vehicles, transportation and shelter during evacuation emergencies. 13

16 Food, Clothing and Toy Drives Annually, the City of Azusa conducts food, clothing and toy drives to connect with and benefit low-income populations. These events are publicized through press releases to various media outlets and flyers. The City of Azusa Website Currently, the City of Azusa posts notices and announcement on the agency's website. Additional public input can be obtained by the Title VI Complaint Form, which is available as a download in English and Spanish. The agency also maintains a Human Relations Commission that meets on a monthly basis. The Commission conducts various comprehensive outreach activities throughout the year including public engagements, workshops and press releases. 14

17 Language Assistance Plan Overview The first section in this document describes the purpose of the Language Assistance Plan (LAP). The second section in this document provides the four-factor Limited English Proficient (LEP) analysis (as outlined by the Department of Transportation (DOT) used to identify LEP needs and assistance measures. The four-factor LEP analysis includes: Factor 1: The number or proportion of LEP persons in the service area who may be served or are likely to encounter the Life Skills Learning Center program, activity or service. Factor 2: The frequency with which LEP persons come in contact with the Life Skills Learning Center program, activity or service. Factor 3: The nature and importance of programs, activities or services provided by Life Skills Learning Center to the LEP population. Factor 4: The resources available to the City of Azusa and overall cost to provide LEP assistance. The third and final section discusses the implementation of the Language Assistance Plan, which includes methodologies for identifying LEP individuals, providing services, establishing policies, monitoring the LAP, and recommendations for future LAP implementations. 15

18 Purpose of the Language Assistance Plan Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance. One critical concern addressed by Title VI is the language barrier that Limited English Proficiency (LEP) persons face with respect to accessing information about and using transit service. Transit operators must ensure that this group has adequate access to the agency s programs and activities, including public participation opportunities. Executive Order 13166, titled Improving Access to Services for Persons with Limited English Proficiency, forbids funding recipients from restricting an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service, financial aid, or other benefit under the program, or from utilize[ing] criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, or national origin, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program as respects to individuals of a particular race, color, or national origin. FTA Circular B was developed by the Federal Transit Administration (FTA) and details the administrative and reporting requirements for recipients of FTA financial assistance to comply with Title VI and related executive orders including on LEP. The United States Department of Transportation (DOT) published guidance that directed its recipients to ensure meaningful access to the benefits, services, information, and other important portions of their programs and activities for LEP customers. The City of Azusa language assistance plan (LAP) includes a four factor analysis and implementation plan that complies with the requirements of DOT LEP guidance. 16

19 Four Factor Analysis Factor 1: The number or proportion of LEP persons eligible to be served or likely to be encountered by the program or recipient. To determine this number, the City of Azusa referred to demographic information provided by the U.S. Census Bureau. Data from the Census Bureau s American Community Survey ( ) indicates that the population of the City of Azusa above 5 years of age is 40,299. From this total, residents were divided by language into those who can speak English very well or less than very well. For the purposes of determining the number of LEP persons eligible to be served by Azusa Transit services, this analysis focuses on those who speak English less than very well, in accordance with the formal definition of LEP persons from the FTA. The analysis results showed that of the various languages spoken in Azusa, three languages had over 1,000 speakers who could speak English less than very well, thus falling under the FTA s Safe Harbor Provision threshold. Based on the results from the American Community Survey, the language of Spanish meet the LEP Safe Harbor Threshold, as shown in the table below: Total Azusa Population 5 yrs. And Older 40,299 Languages Total Speak English % of Total "Less Than Population Very Well" Spanish 19,946 11, % Indo-European % Asian and PI 1, % The City of Azusa then determined, based on the numbers provided by the Census, the appropriate level of language assistance needed for each safe harbor group. A higher number of LEP persons per language generally means a higher level of assistance needs to be provided. City staff will work with other City departments, as well as agencies that often come into direct contact with these populations, in order to ascertain the appropriate level of language assistance needed. Factor 2: The frequency with which LEP persons come into contact with the program. The City of Azusa recognizes that additional LEP groups require a unique mix of communication, both written and oral, in order to be effectively informed of service changes and other customer information. As required, the City has and/or will conduct a language assessment based on the following methods: 1. Analyze updated census data to identify the percentage of LEP persons in the service area. 2. Utilize ridership surveys from transit planning or marketing studies to identify the percent of transit users that are LEP persons. 3. Survey staff members who interact with the public, such as drivers and workers at the transit counter, about their experience concerning any contacts with LEP persons during the previous year. 17

20 Factor 3: The nature and importance of the program, activity, or service provided by the program to people s lives. Transit services operated by the City of Azusa play a vital role in the lives of many residents of the service area. City transit services include connections to the Los Angeles regional transit network via Metrolink, Metro bus lines, and Foothill Transit bus lines. These services reach most major job centers in Southern California. In addition, seniors rely on transit services for trips to shopping areas, doctor appointments, and many other destinations in the City. Factor 4: The resources available to the recipient for LEP outreach, as well as the costs associated with that outreach. The City of Azusa currently provides resources to each LEP group while maintaining cost efficiency for taxpayers. Resources may include, but are not limited to: 1. Bilingual or multi-lingual staff members (the City s Transit Division currently has staff members who are fluent in Spanish) 2. Professional translation services (can be implemented quickly with minimal cost) 3. On-call translation services (can be implemented quickly) 4. Input by various community organizations that regularly interact with LEP populations (ongoing basis) 5. Printing services for vital documents, brochures, and other media. Essential documents such as Title VI forms, Dial-a-Ride applications, proposed service/fare changes, and certain scheduling information will be made available in the identified languages per the LEP analysis. The City will attempt to use universal symbols such as pictures, maps, and diagrams when feasible to streamline communication among all language groups. 6. Documents, brochures, and other media of less-essential importance shall be translated into the identified languages per the LEP analysis upon request. (available upon request) 7. Multi-lingual services and resources offered and utilized by other City departments (available upon request) 18

21 Language Assistance Implementation Plan Language Assistance Measures Language measures currently used or planned to be used by the City of Azusa to address the needs of LEP persons include the following: Vital documents including the Civil Rights Notice, Title VI Complaint Form, and Title VI Complaint Procedures translated into the identified LEP languages Translating marketing materials into Spanish If needed, arranging for availability of oral translators depending on availability Interactive meeting materials to engage LEP individuals in the planning process Posting notices in appropriate languages informing LEP persons of available transit services, routes, and amenities; and during the Station Square planning process, opportunities for LEP persons to provide input Azusa will continue to seek ways to add notices to the City website to inform LEP populations of opportunities for input and project construction Staff Training To ensure effective implementation of this plan, the City of Azusa will schedule training at orientations for new City staff and relevant employees on an annual basis to review: Azusa s Language Assistance Plan Demographic data about the local LEP populations Printed LEP persons materials Notice to LEP Persons about Available Language Assistance The City of Azusa is working toward being able to notify LEP persons in their own language about the language assistance available to them without cost by using the following methods: Webpage notices Information at local events, City Hall, Community Center, and Azusa Public Library Flyers and brochures Sending information to local organizations Monitoring, Evaluating, and Updating Plan At a minimum, the Language Assistance Plan will be evaluated after Metro Gold Line service has been in operation for one year (Azusa and Citrus station scheduled to open in 2016). In the interim, monitoring activities may identify changes that should be made to the Language Assistance Plan. Monitoring activities will include evaluation of the following information: Needs identified by the community or LEP populations during outreach activities New data related to LEP populations and Metro Gold Line ridership numbers Assessing the sufficiency of staff training and budget for language assistance Equity Analysis - Determination of Site or Location of Facilities None of our FTA funded construction projects required land acquisition and the displacement of persons from their residences and businesses, therefore we did not need to conduct a Title VI equity analysis. Minority Representation on Planning and Advisory Bodies Azusa does not have a transit related planning advisory board. 19

22 Safe Harbor Provision The Federal Transit Authority Circular B states: City of Azusa "DOT has adopted DOJ s Safe Harbor Provision, which outlines circumstances that can provide a safe harbor for recipients regarding translation of written materials for LEP populations. The Safe Harbor Provision stipulates that, if a recipient provides written translation of vital documents for each eligible LEP language group that constitutes five percent (5%) or 1,000 persons, whichever is less, of the total population of persons eligible to be served or likely to be affected or encountered, then such action will be considered strong evidence of compliance with the recipient s written translation obligations. Translation of non-vital documents, if needed, can be provided orally. If there are fewer than 50 persons in a language group that reaches the five percent (5%) trigger, the recipient is not required to translate vital written materials but should provide written notice in the primary language of the LEP language group of the right to receive competent oral interpretation of those written materials, free of cost. These safe harbor provisions apply to the translation of written documents only. They do not affect the requirement to provide meaningful access to LEP individuals through competent oral interpreters where oral language services are needed and are reasonable. A recipient may determine, based on the Four Factor Analysis, that even though a language group meets the threshold specified by the Safe Harbor Provision, written translation may not be an effective means to provide language assistance measures. For example, a recipient may determine that a large number of persons in that language group have low literacy skills in their native language and therefore require oral interpretation. In such cases, background documentation regarding the determination shall be provided to FTA in the Title VI Program." The majority of Azusa Transit Dial-a-Ride customers have very limited English literacy skills and are unable to read or write in English. The City of Azusa has a bi-lingual incentive program, where it certifies then provides additional compensation to staff that can adequately read and write in Spanish. Azusa transit has bi-lingual dispatchers and drivers that can assist our native Spanish speaking population with minor translation services. Determination of Site of Location of Facilities Section 13 of the Title VI Requirements and Guidelines for Federal Transit Administration Recipients defines transit facilities as storage facilities, maintenance facilities, and operations centers. No FTA funds have been used to construct a transit facility and therefore this requirement does not apply. Per the aforementioned guidelines, the proposed parking structure is considered a transit station. 20