TO: Mayor and Members of City Council
THRU: Kelly Olivera, Assistant City Manager
FROM: Tyffany L. Neal, Transit Director
DATE: May 28, 2024
RE:
Title
Fayetteville Area System of Transit - Title VI Program Update
end
COUNCIL DISTRICT(S):
Council District(s)
All
b
Relationship To Strategic Plan:
Goal 4: Desirable Place to Live, Work and Recreate
Objective 4.1: Maintain public transportation investments with high quality transit and airport services.
Executive Summary:
The Transit Department is the recipient of federal transit grant funds with numerous terms and conditions. Federal Transit Administration (FTA) requires grantees to update and submit for approval a Title VI program every three years. The City's/FAST's Title VI program update is due on August 1, 2024.
Title VI prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving Federal financial assistance. This plan incorporates Environmental Justice (EJ), which was initiated by Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations) and addresses Limited English Proficiency (LEP).
The attached program update has few changes since the 2021 program was approved.
City Council's approval of the program update is requested for submission to FTA.
Background:
Title VI of the Civil Rights Act of 1964 protects individuals from discrimination based on race, color, or national origin in programs or activities that receive federal financial assistance. Title VI also includes provisions to ensure access to FTA funded programs for persons who have Limited English Proficiency (LEP). The program is an organizing framework by which the City and FAST will incorporate equity consistently across its programs, policies and services that allow everyone to participate and enjoy the benefits of the FAST transit system.
FTA’s Title VI circular provides detailed guidance to FTA funding recipients on how to comply with DOT's Title VI regulations. The program requires careful evaluation of new facilities, creation of service standards for all fixed route transit operators, approval of the Title VI program by its governing body, a demographic analysis of citizen advisory committees (i.e., FACT) and use of environmental justice principles in public outreach.
FAST has prepared the attached update for the 2024-2027 Title VI Program. This program was developed in accordance with FTA's Title VI Circular 4702.1B, "TITLE VI REQUIREMENTS AND GUIDELINES FOR FEDERAL TRANSIT ADMINISTRATION RECIPIENTS" and Environmental Justice Circular 4703.1 "Environmental Justice Policy Guidance for Federal Transit Administration Recipients."
The objective of this Title VI program update is to summarize FAST's efforts to promote equity within transit in compliance with Title VI of the Civil Rights Act of 1964. FAST used the 2019 US Census Bureau’s American Community Survey (ACS) data to determine the proportion of minority populations within FAST's service area, low-income populations and LEP populations.
The following program elements are also included in the plan although there is currently no activity:
• A list of Title VI investigations, complaints and lawsuits (no complaints filed)
• Monitoring program for sub-recipients
• An equity analysis of facilities siting and construction (no new major facilities planned)
The Title VI Program notice is posted at FAST facilities and on the FAST website along with clear guidance on how one may submit a Title VI complaint.
The previous Title VI Plan program update incorporated FAST's service standards and policies adopted by the City Council on August 12, 2013. These standards and policies provided benchmarks to ensure that service design and operations practices do not result in discrimination. The standards included vehicle loads, vehicle headways, on-time performance, and service availability. Service policies also addressed amenity placement and vehicle assignment. They established a basis for future monitoring and analysis of service delivery, availability and the distribution of amenities and vehicles to determine whether or not any disparate impacts are evident.
FAST’s Title VI program shows its commitment to ensuring its programs, policies, and services are implemented equitably.
Issues/Analysis:
As a result of this program update, FAST will continue to work with its grant sub-recipients and/or other agencies to whom the City/FAST may pass-through FTA grant funds. FAST is revising/updating established procedures to ensure these agencies comply with Title VI grant provisions.
Budget Impact:
Cost to administer are included in planning grant project budgets.
Options:
• Approve the Resolution approving the Title VI Program Update (including proposed service standards) for submission to FTA; or
• Provide direction to staff for Title VI program changes
Recommended Action:
Approve the Resolution approving the Title VI Program Update for submission to FTA
Attachments:
Title VI Program Update 2024-2027
Resolution