Transcription
California Department of TransportationOffice of Civil RightsTitle VI Goals & Accomplishments ReportFederal Fiscal Year 2020Office of Civil Rights1
To obtain services or copies in an alternate format or language, please contactGlenda Collins at (916) 324-8379, or visit the tle-viYog xav tau kev pab los yog cov qauv yam siv lwm txoj kev los sau los yog lwmhom lus, thov mus cuag Glenda Collins ntawm (916) 324-8379, los yog mus saiblub website ntawm Para recibir servicios o copias en otro formato o idioma, contacte a GlendaCollins al (916) 324-8379 o visite el sitio web ��른 형태 또는 언어로 된 서비스나 사본을 받아보려면 (916) 324-8379번으로 GlendaCollins 담당자에게 연락하시거나 웹사이트 � 방문하시기 바랍니다.Для получения услуг или копий в одном из указанных альтернативныхформатов или на другом языке, просим звонить Glenda Collins по телефону(916) 324-8379 или посетить сайт ara makakuha ng mga serbisyo o mga kopya sa isang kahaliling pormat olengguwahe, mangyaring kontakin ang Glenda Collins sa (916) 324-8379, obumisita sa website Để có các dịch vụ hoặc bản sao dưới một dạng thức hoặc ngôn ngữ khác, xinliên lạc Glenda Collins tại (916) 324-8379, hoặc đến viếng trang �語言的副本，請致電 (916) dot.ca.gov/programs/civil-rights/title-vi。For individuals with disabilities, this document is available in Braille, large print,audiocassette, or computer disc. It is also available in alternative languages. Toobtain a copy in one of these formats, please contact Glenda Collins at (916)324-8379.2
ContentsI.Executive Summary. 5II.Introduction . 7III.Title VI Data Tables. 7Title VI Program Area Compliance Reviews . 7Title VI Sub-Recipient Compliance Reviews. 8Title VI Training . 11Title VI Planned Trainings . 12Title VI Training for Sub-Recipients . 12Limited English Proficiency (LEP). 13Title VI Complaints: Jurisdictional . 14Title VI Complaints: Non-jurisdictional . 15IV.Organization Structure . 20V.Title VI Accomplishments & Goals. 20Aeronautics . 20Civil Rights. 21Construction . 22Design . 22Engineering Services. 23Environmental Analysis . 23Local Assistance. 24Maintenance . 25Procurement & Contracts. 26Project Management. 27Rail & Mass Transportation . 28Research, Innovation, & System Information . 28Right of Way and Land Surveys. 28Traffic Operations . 29Transportation Planning. 29North Region . 34District 1. 363
District 2. 38District 3. 40District 4. 42Central Region . 49District 5. 52District 6. 53District 7. 56District 8. 59District 9. 65District 10. 67District 11. 73District 12. 79VI.Office of Civil Rights Organizational Chart. 85VII.Caltrans Non-Discrimination Policy Statement . 864
I.Executive SummaryCaltrans must annually submit department Title VI Goals & Accomplishments tothe Federal Highway Administration (FHWA)(23 CFR §200.9(b)(10)). The Office ofCivil Rights (OCR) is responsible for compiling an inclusive Title VI Goals &Accomplishments Report. This Title VI Goals & Accomplishments Report includesdata for Title VI compliance oversight, training, Limited English Proficiency (LEP),complaints, and reporting from the twelve Caltrans Districts and fourteenHeadquarters Divisions who provide guidance to district division functions.The Title VI Branch completed twenty-one of the scheduled twenty-five Title VIDesk Compliance Reviews. This was an increase from the zero reviewsconducted in the previous FFY. All programs were identified as compliant withthe Caltrans Title VI Program, and some were provided additional guidanceduring the review. Division of Local Assistance conducted 106 successful Title VIDesk Compliance Reviews of sub-recipients. Eight agencies were provided withtechnical support during the review process.Title VI Training was provided to 79.5% of Caltrans staff and some sub-recipients.More in-depth trainings were conducted for Title VI District and Division staff.OCR plans to conduct further trainings in FFY 2021. Quarterly Title VI Meetingswith Caltrans staff statewide ensured regular discussion of improvements withthe Caltrans Title VI Program.Headquarters Divisions Title VI Accomplishments included updating Policies,Procedures, and Manuals to include Title VI considerations in division specificwork. Many divisions also included Title VI training and awareness in academies,all-staff meetings, and Deputy Director Memorandums. Most divisions have goalsto increase Title VI considerations through additional trainings, resources, andhigh-level management meetings.Districts adapted to virtual public outreach this year and accomplished Title VInotifications in a variety of ways. Title VI was discussed in staff meetings acrossthe state. Sub-recipients such as Local Agencies and contractors were notifiedof their Title VI obligations and provided technical assistance. Field and publiccounter staff were given Title VI and LEP resource trainings to ensure staff withpossible public contact are provided with the Title VI resources they need.Caltrans work in Title VI is continuous as we increase staff and public awarenessof non-discrimination at Caltrans. Each District and Division seeks to improve theCaltrans Title VI Program to ensure a California for All. Caltrans recentlyestablished an Office of Race and Equity, and the Caltrans Alliance on Raceand Equity Solutions (CARES) Team. One of the objectives of this office is toensure there is greater engagement with impacted communities. The5
refocusing of these engagements at local level where the projects have themost impact is a move away from what some may call perfunctory/obligatorymeetings during project development phase. There will be an increase inutilization of diverse staff Caltrans has at local level to disseminate and gatherinformation on benefit/burden of these projects. Many Caltrans themselves arepart of the impacted community and this shift to leverage their support/ localknowledge is intended to add to the compliance.6
II.IntroductionThe Office of Civil Rights (OCR) Title VI Branch work is dedicated to awareness,eliminating discrimination, and increasing inclusion of all customers in thetransportation system. This Title VI Goals & Accomplishments Report documentsCaltrans progress in Title VI compliance. This report highlights all of theaccomplishments that Caltrans has achieved in the area of Title VI during the2019-2020 Federal Fiscal Year, and the Goals section of the report explains whatCaltrans plans to accomplish in the upcoming 2020-2021 Federal Fiscal Year inrelation to the Caltrans Title VI program.This report was prepared in accordance with 23 Code of Federal Regulations,Section 200.9(b) (10).III.Title VI Data TablesTitle VI Program Area Compliance ReviewsTotal Number of Program AreaCompliance Reviews ConductedDistrict Title VI Desk ComplianceReviews ConductedHQ Division Title VI Desk ComplianceReviews ConductedNumber of Planned Program AreaDesk Reviews to be Conducted in 2021Number of Planned Program Area OnSite Reviews to be Conducted in 20211.2.3.4.5.6.7.8.9.10.11.12.12110112641Program Area ReviewedResultsDistrict 1District 2District 3/North RegionDistrict 4District 5District 7District 8District 9District 11District 12HQ ConstructionHQ liantCompliantTravel permitting7
13.14.15.16.17.18.19.20.21.HQ Engineering ServicesHQ Environmental AnalysisHQ Local AssistanceHQ MaintenanceHQ Project ManagementHQ DRISIHQ Right of WayHQ Traffic OperationsHQ Transportation antCompliantCompliantCompliantCompliantTitle VI Sub-Recipient Compliance ReviewsNumber of Current Caltrans RecipientsNumber of Sub Recipient Desk Compliance ReviewsConductedNumber of Sub Recipient Onsite ComplianceReviews ConductedFFY 2021 Goal for Sub Recipient Desk ComplianceReviewsFFY 2021 Goal for Sub Recipient Onsite ComplianceReviews600 1060220-255-103Compliance Reviews of Caltrans sub-recipient agencies included a selected listfor review to represent a sample of cities, counties and special districts withineach Caltrans District and is not a comprehensive review of all Caltranssubrecipient agencies.Local Agency Average Areas of ComplianceIn a review of the responses provided by each agency, as well as review ofadditional relevant information that is publicly available, review of agencywebsites and other search tools, the following percentages of all agenciesreviewed were found to be compliant for specific selected criteria.Title VI CoordinatorTitle VI Staff TrainingTitle VI Implementation PlanDissemination of Title VI Information tothe PublicComplaint ProcedureData Collection2333%16%29%38%36%20%Travel was not possible due to COVID-19 travel restrictions.Travel permitting8
LEP41%General Discussion of Findings and TrendsThe majority of the responding agencies, eighty percent (80%), indicated that aTitle VI Coordinator had been appointed. Of those agencies, however, onlythirty-three percent (33%) were also able to provide public notices that showedthe identity and contact information for the Title VI Coordinator. Forty-sevenpercent (47%) of responding agencies that stated a Title VI Coordinator wasappointed but did not have the identity and contact information for the Title VICoordinator publicly available. Although other areas of noncomplianceexisted, the most frequent areas of deficiency and noncompliance included:1. Lack of a formal procedure to provide Title VI training to staff. Providingtraining to staff regarding nondiscrimination under Title VI in programs andservices offered to the public was found to be weak. Only sixteenpercent (16%) of responding agencies were able to provide confirmationthat staff receive training on Title VI nondiscrimination to their programparticipants. Forty-eight percent (48%) of agencies responded thattraining is provided regarding nondiscrimination in the workplace, orstated they provide training but did not include a description thecurriculum to verify that training is for services to the public and not only inthe workplace. Thirty-seven percent (37%) responded that there was noestablished training program.2. Lack of a Title VI Implementation Plan. Only twenty-nine percent (29%) ofresponding agencies were able to provide a complete Title VIImplementation Plan for the agency’s programs and services. Anadditional twenty-four percent (24%) provided a plan that wasdeveloped and written for a specific division, such as transit or housing, orhad started to develop a plan that was not completed and implementedat the time of the analysis. Forty-seven percent (47%) of agencies did nothave any records of a Title VI Implementation Plan.3. Lack of dissemination of Title VI information to the public in languagesother than English. While sixty-seven percent (67%) of responding agencieswere able to provide examples of Title VI nondiscrimination statements,only thirty-eight percent (38%) had examples of the notices in English andlanguages other than English.4. Lack of Title VI complaint procedure for program participants. Most of theresponding agencies, seventy-one percent (71%), provided a complaintprocedure. Of those, thirty-six percent (36%) had a detailed procedurespecifically for resolving Title VI complaints filed by the public. Another9
thirty-six percent (36%) provided a procedure that was incomplete or wascomposed for use by staff to file a workplace discrimination complaint.5. Lack of procedures for statistical data collection. An area that is shown toneed improvement is the collection of statistical data for the agency’sprogram participants. Only twenty percent (20%) of responding agenciesresponded with a formal process to collect information on their programparticipants to help ensure that the agency’s programs are effectivelyserving its beneficiaries without negatively affecting segments of itspopulation.6. Lack of a Limited English Proficiency (LEP). Forty-one percent (41%) ofresponding agencies had a formal Limited English Proficiency (LEP)language assistance plan based in part on a four-factor analysis needsassessment. Although fifty percent (50%) of responding agencies did nothave a written LEP plan, informal procedures for providing services inlanguages other than English to program participants were evident.Agencies without a formal LEP plan provided employment agreements forbilingual staff positions and also offered examples of public noticestranslated into languages other than English.Remediating DeficienciesCaltrans is implementing a three-prong approach to remediating Agencydeficiencies as follows:1. Identifying District Roles & Responsibilities: The Headquarters Division ofLocal Assistance (HQ DLA) has drafted and is finalizing StandardOperation Procedures (SOPs) for District Local Assistance Staff Roles andResponsibilities to be released FFY 2021. These will include district supportto act as liaisons between Caltrans and Local Agencies as well as a localTitle VI resource for Local Agencies. Strengthening these SOPs will providestronger oversight for Caltrans.2. Training: Agencies with deficiencies provided Caltrans an opportunity forTitle VI Training to improve and remediate components of their Title VIPrograms. HQ DLA has already begun direct training with Agenciesrevealed to have Title VI Program deficiencies. Based on the generaltrends of the Title VI Desk Compliance Reviews, HQ DLA is developingtraining for Agencies. HQ DLA will work with OCR to provide and producetraining content. This training will be hosted via a series of webinars in FFY2021.3. Policy Updates: HQ DLA is finalizing updates to the Caltrans LocalAssistance Procedures Manual (LAPM). The LAPM updates will includemore guidance and assistance that Agencies can reference regarding10
Title VI regulations. The finalized LAPM will be published and sent toAgencies January 2021.Title VI TrainingThe Title VI Branch conducted training for all staff statewide. Additional trainingswere conducted to cover in-depth processes related to Title VI job duties andresponsibilities. The Title VI Branch plans on scheduling more job-specific trainingsfor FFY 2021.Of the total 21,332 Caltrans employees, 16,950 employees have taken the TitleVI Mandated Training within the past two years4 for a compliance rate of 79.5%.1.2.3.4.5.6.7.8.TitleTitle VI Mandated Training102131 Title VI DistrictLiaison Training102146 Title VI HQ 4/1917102131 Title VI DistrictLiaison Training102248 Title VICensus.Gov Training102248 Title VICensus.Gov Training11/14/195401/21/2015AudienceAll Caltrans staffDistrict Title VILiaisons and teamsHQ Title VI ProgramArea Advisors andteamsDistrict Title VILiaisons and teamsAll Caltrans staff01/22/2018All Caltrans staffMaintenance Title VITraining102248 Title VICensus.Gov l Caltrans staffCaltrans Director’s Policy 28 Revision 1 dictates employees must take the Title VI Trainingbiennially.411
Title VI Planned Trainings1.2.3.4.TitleDateAudienceTitle VI MandatedTraining102131 Title VI DistrictLiaison Training102146 Title VI HQPAA TrainingContinuousAll Caltrans StaffOctober 2020102248 Title VICensus.Gov TrainingNovember 2020 andTBDDistrict Title VI Liaisonsand teamsHQ Title VI ProgramArea Advisors andteamsAll Caltrans StaffOctober 2020Title VI Training for Sub-RecipientsTitle1. Title VI Technical Assistance:Implementation PlanDate10/03/2019 and10/08/2019AttendeesCity of DowneyTitle VI Technical Assistance:Demographic DataTitle VI Technical Assistance:Program PlanTitle VI Technical Assistance: DataCollection, Title VI Assurances, LEP,and Complaint ProcessTitle VI Technical Assistance: LEP10/11/2019Placer County11/07/2019Colusa County12/19/2019,04/15/2020, and06/24/202004/29/2020City of Bakersfield6.Title VI Technical Assistance:Implementation Plan4/30/20207.Title VI Technical Assistance: Goals &AccomplishmentsTitle VI Technical Assistance:Implementation Plan and Goals &Accomplishments05/13/2020 and06/05/202005/27/20202.3.4.5.8.San Luis ObispoCouncil ofGovernmentCity of PinoleTulare CountyCity of Dinuba12
Limited English Proficiency (LEP)The following table depicts Caltrans LEP Data for FFY 2020.CategoryPercentage of population that does not speak English proficientlyNumber of languages (other than English) used by the populationEstimated number of translation services providedEstimated number of interpretation sessions providedNumber of tele-interpreter services providedNumber of tele-interpreter sessions providedNumber of languages interpreted to EnglishStatistic18.156272253673978332018 American Community Survey (ACS).Provided by Caltrans staff7 In minutes5613
Title VI Complaints: JurisdictionalThe following table depicts Title VI Complaints filed with the Caltrans Office of Civil Rights with jurisdictionalfindings.DateComplaint RecipientNumber808/13/ OCRCaltrans2020092020Summary ofAllegationComplainantallegeddiscrimination basedon race, color, andnational origin in theconstruction process.FindingAction TakenForwarded Complaint 8/25/20 - Received mailed-into FHWAcomplaint form with attachedletters regardingdiscrimination 9/1/20 Scanned and saved thecomplaint. Emailed andmailed acknowledgement ofreceipt and notice offorwarding letter to thecomplainant. Forwarded thecomplaint to Scott Carson atFHWA.Complaint naming changed mid-year due to the Division name change from Office of Business and Economic Opportunity (OBEO)to Office of Civil Rights (OCR).814
Title VI Complaints: Non-jurisdictionalThe following table depicts Title VI Complaints filed with the Caltrans Office of Civil Rights with non-jurisdictionalfindings.DateComplaint RecipientNumber910/02/ OBEOCity of Downey2019032019Summary ofAllegationComplainantallegeddiscrimination basedon National Originand Age due totransit services notrunning during thelisted timetables.FindingAction TakenNon-jurisdictional.Referred to FederalTransit Administration(FTA) – Closed.10/22/ OBEO2019042019Complainantalleged promotionaldiscrimination basedon race.Non-jurisdictional.Referred to EqualEmploymentOpportunityCommission (EEOC) –– Closed.10/02/19 - Complainant filedTitle VI complaint with the Cityof Downey and City ofDowney forwarded thecomplaint to Caltrans OCR forprocessing. 10/03/19 - Title VIBranch informed the City ofDowney via phone call that, ifthey are not a sub-recipient ofFTA funds from Caltrans, theyshould forward the complaintdirectly to FTA's D.C. address.City of Downey confirmedthey would send thecomplaint to FTA.10/25/19 - Sent complaintform back to complainantwith no jurisdiction letter.Informed complainant toinquire EEOC regardingcomplaint complainant filedwith EEOC.World Oil Corp.Complaint naming changed mid-year due to the Division name change from Office of Business and Economic Opportunity (OBEO)to Office of Civil Rights (OCR).915
10/30/ OBEO2019052019Caltrans Division ofConstruction,LaborComplianceComplainant filedcomplaint under thebasis of retaliation,being retaliatedagainst by theDivision ofConstruction LaborCompliance.Non-jurisdictional.Referred to EqualEmploymentOpportunityCommission (EEOC) –– Closed.11/04/ OBEO2019062019San DiegoInternationalAirportComplainantalleged harassmentat the San DiegoAirport.Non- Jurisdictional.ReferredComplainant to theDepartment of FairEmployment andHousing - Closed11/05/ OBEO2019072019CaltransComplainantalleged corruption inDistrict 12 practices.Non-jurisdictional.Referred to CaltransIndependent Officeof Audits and10/30/19 - Sent a response tocomplainant stating hiscomplaint is not a Title VIcomplaint (based on race,color, or national origin).Division of Constructionconfirmed handling the caseand referring the complainantto DIR for additional laborcode violations out of Caltransjurisdiction.11/07/19 – The Title VI Branchresearched and concludedthat the complainant did notidentify any instances ofdiscrimination based on race,color, or national origin, and,therefore, did not fall underTitle VI. Responded to thecomplainant informing themthat the Title VI Branch did nothave jurisdiction over theircomplaint and that they maywant to contact theDepartment of FairEmployment and Housingregarding Hate Crimes.11/07/19 - Forwarded to theIndependent Office of Auditsand Investigations as the16
Investigations –Closed.Non-jurisdictional.Referred to CaltransDistrict 3 Office –Closed.11/14/ OBEO2019082019CaltransComplainantalleged a memberof a highwayconstruction crewused profanity andwas not practicingsafety precautions.02/14/ OCR2020022020LA Metro BoardComplainantalleged harassmentby the LA MetroBoard.Complainantwithdrew complaint Complaint closed.02/14/ OCR2020032020CaltransNo response –Complaint closed.03/03/ crimination byprime contractors inthe Architectural &Engineering Bidprocess.Complainantallegeddiscrimination basedon race in thecontract selectionprocess.Referred thecomplainant tocontact theCalifornia AttorneyGeneral andinvestigated - Closed.complaint did not relate torace, color or national origin.11/14/19 – Determined thecomplaint does not relate tonot discrimination based onrace, color, or national origin.Emailed District 3 PublicInformation Office (PIO) thecomplaint who confirmedthat they would direct it to thecorrect office at District 3.3/9/20 - Received email fromComplainant requesting towithdraw complaint.3/12/20 - Sent close out lettervia certified mail toComplainant.2/18/20 - Sent Complainant aTitle VI complaint form.Received no response.4/22/20 - Sent an email toComplainant asking ifComplainant filed acomplaint with the CaliforniaAttorney General's Office.Complainant responded thatsame day that he has not filed17
07/23/ OCR2020052020Caltrans7/30/2020CaliforniaDepartment ofMotor Vehicles(DMV)OCR06202008/06/ OCR2020072020CaltransComplainantalleged aconstruction truckdisplayed a politicalflag and was drivingaggressively.Complainantalleged lack ofefficiency and safetyat a local DMVoffice.Non-jurisdictional.Referred to CaltransDistrict 1 Construction– Closed.Complainantallegeddiscrimination basedon religion as part ofa health and safetytraining.Non-jurisdictional.Referred to CaltransOffice of EqualEmploymentOpportunity ant to theDMV or CalSTA –Closed.with the Attorney General butwould like to and wouldcontact Mr. Anthony Seferian,Deputy Attorney General ofthe Civil Rights EnforcementSection.8/20/20 - OCR investigatedthis claim and issued a reportwith findings within onemonth.07/24/20 - Complaint did notrelate to race, color, ornational origin. Responded tocomplainant regardingCaltrans District 1 Constructionhandling the complaint.07/30/20 - Responded to thecomplainant with DMVcontact information andCalSTA contact information asthe complaint did not relateto race, color, or nationalorigin. Provided Title VIBrochure and complaint formfor their convenience.09/01/20 – Determined thecomplaint was Title VII andreferred to the Office of EqualEmployment Opportunity(EEO) at Caltrans. EEO18
08/12/ ion basedon lack of treemaintenance in theirneighborhood.Non-jurisdictional.Referred to CaltransDistrict 7Maintenance –Closed.confirmed receipt of thecomplaint.8/14/20 - Received responsefrom District 7 South RegionMaintenance confirmingconfirmation of the complaint.Responded to complainantby providing the Title VIBrochure and complaint formif they believe they werediscriminated based on race,color, or national origin.Informed the complainantthat their complaint wasforwarded to District 7Maintenance.19
IV.Organization StructureDavid DeLuz is the Deputy Director of the Caltrans Office of Civil Rights (OCR).OCR consists of the following four offices (seven branches): Data Analysis &Supportive Services and Outreach, Certification, Title VI and Compliance &Program Operations, as well as the Americans with Disabilities Act InfrastructureProgram, Engineering Services and Contract Evaluation.Deputy Director, OCRData Analysis &Supportive Services /OutreachV.CertificationTitle VI / Compliance &Program OperationsADA Infrastructure /Engineering Services &Contract EvaluationTitle VI Accomplishments & GoalsThe following comprises the Title VI Accomplishments & Goals for Caltrans HQDivisions and all Districts.AeronauticsAccomplishments: In a regularly scheduled staff meeting, all staff was reminded to see PAA forthe correct LEP assistive language statement to be placed in all documentsproduced by the Division.Ensured the California Aviation System Plan study will include Title VIlanguage in all documents when completed.Reviewed all Regional Transportation Plans and Overall Work Programs for aPublic Participation Plan and Title VI verbiage or a Title VI section within thedocument when they arrived for comment.Included language for Title VI in contract for the new California AirportSystems Plan. Emphasized importance during public outreach efforts.Discussed Title VI requirements and importance at all-staff meeting inOctober. Presented resources available and distributed materials. PresentedTitle VI required training to 24 staff members.In June, staff worked with Public Affairs office to start an outreach campaignfor the draft California Aeronautics System Plan (CASP)in order to consider20
more viewpoints and backgrounds, especially from voices in under-servedcommunities. The draft CASP reflects the attention to impacts on thesecommunities, while preserving the aeronautic system for the future.Goals: Verify Division staff will comply with all Title VI requirements before, during,and af
Title VI Training was provided to 79.5% of Caltrans staff and some sub-recipients. More in-depth trainings were conducted for Title VI District and Division staff. OCR plans to conduct further trainings in FFY 2021. Quarterly Title VI Meetings with Caltrans staff statewide ensured regular discussion of improvements with the Caltrans Title VI .
