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Home My WebLink AboutCity of Tamarac Resolution R-2022-071 Language Access Plan (LAP) AddoptionTemp. Reso. No. 13795 July 13, 2022 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2022- C71 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ADOPTING THE LANGUAGE ACCESS PLAN (LAP) FOR LIMITED ENGLISH PROFICIENCY PERSONS ATTACHED HERETO AS EXHIBIT "A", IN ORDER TO MITIGATE RISKS OF POTENTIAL NONCOMPLIANCE WITH FAIR HOUSING AND CIVIL RIGHTS REQUIREMENTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ENTITLEMENT JURISDICTIONS AS ADMINISTERED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), OFFICE OF FAIR HOUSING AND EQUAL OPPORTUNITY (FHEO); AUTHORIZING THE MAYOR OF APPROPRIATE CITY OFFICIAL TO EXECUTE THE LANGUAGE ACCESS PLAN PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes provide that municipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal service, and exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac ("City") empowers the City to adopt, amend, or repeal such ordinances and resolutions as may be required for the proper governing of the City; and WHEREAS, the City of Tamarac (City) is an entitlement jurisdiction for the Community Development Block Grant (CDBG) program administered by the United States Department of Housing and Urban Development (HUD); and Temp. Reso. No. 13795 July 13, 2022 Page 2 of 4 WHEREAS, HUD's Office of Fair Housing and Equal Opportunity (FHEO) conducts risk assessments to identify potential non-compliance with fair housing and civil rights requirements; and WHEREAS, in March 2021, FHEO identified the City as an agency for implementation of mitigation strategies for the CDBG program as a response to census data about persons with Limited English Proficiency (LEP) and the disproportionate minority participation rate in the single-family rehabilitation program; and WHEREAS, FHEO provided oversight and targeted technical assistance to proactively address any potential issues; and WHEREAS, FHEO recommends that the City perform the four -factor analysis and create a Language Access Plan (LAP) to demonstrate its commitment to affirmative marketing in the CDBG program to ensure that all protected classes have an opportunity to benefit from program activities; and WHEREAS, in a Memorandum of Assurance dated November 1, 2021, FHEO granted the City one (1) year to perform the four -factor analysis and create a LAP to facilitate improved access to federally assisted programs; and WHEREAS, the Director of Community Development recommends adoption of the LAP, attached hereto as Exhibit "A", and subsequent submittal to FHEO; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to adopt the LAP. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Temp. Reso. No. 13795 July 13, 2022 Page 3 of 4 Section 1: The foregoing recitals are true and correct and hereby adopted as the legislative and administrative findings of the City Commission; all exhibits attached hereto are incorporated herein and made a specific part of this Resolution. Section 2: The City Commission adopts the Language Access Plan (LAP), attached hereto as Exhibit "A", authorizes the appropriate City Officials to execute all necessary documents to effectuate the LAP. Section 3: All resolutions or parts of resolutions in conflict herewith be, and the same are hereby repealed to the extent of such conflict. Section 4: If any clause, section, other part, or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 5: This Resolution shall become effective immediately upon its passage and adoption. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]) Temp. Reso. No. 13795 July 13, 2022 Page 4 of 4 PASSED, ADOPTED AND APPROVED this 13th day of July 2022. ATTEST: KIMBERLY OILLON, CMC ACTING CITY CLERK MA L E J. G 0 M MAYOR RECORD OF COMMISSION VOTE: MAYOR GOMEZ: 'Ll 61_ DIST 1: COMM. BOLTON DIST 2: V/M GELIN_ DIST 3: COMM. VILLALOBOS DIST 4: COMM. PLACKO APPROVED,AS TO FORM AND LEGAL SUFFICIENCY FOR THE US D To FORM OF THE CITY OF TAMARAC ONLY. JOHN qlTEAIN, JR. CITY ATTORNEY TA, I-M .-,-....ARAC The City for Your Life Four -Factor Analysis and Language Access Plan (LAP) for Limited English Proficiency Persons City of Tamarac, Florida Community Development Department January 2022 Table of Contents Four -Factor Analysis and Language Access Plan (LAP) for Limited English Proficiency Persons ......................................................................................................................................................3 Factor1: Size of LEP Population.........................................................................................................................4 Factor2: Frequency of Contact............................................................................................................................5 Factor 3: Nature and Importance of the Program.................................................................................................5 Factor4: Available Resources.............................................................................................................................5 Conclusion........................................................................................................................................................... 6 LanguageAccess Plan...................................................................................................................7 2 Four -Factor Analysis and Language Access Plan (LAP) for Limited English Proficiency Persons HUD Entitlement Programs: CDBG Purpose: In compliance with Executive Order 13166, the City of Tamarac has developed the following Four -Factor Analysis and Language Access Plan (LAP) for Limited English Proficiency (LEP) persons rising in Tamarac. The following document covers the City of Tamarac as a whole. An additional analysis will be conducted on each program if necessary. History: Under Federal law Title VI of the Civil Rights Act of 1964, discrimination was made illegal in programs that received federal financial assistance. For LEP persons, it protects individuals on the basis of their race, color, or national origin. In certain situations, failure to ensure that persons who have LEP can effectively participate in, or benefit from, federally assisted programs may violate Title VI's prohibition against race/ethnicity and national origin discrimination. Persons who, as a result of their race/ethnicity and national origin, and who do not speak English as their primary language and have limited ability to speak/read/write, or understand English may be entitled to language assistance under Title VI in order to receive City services, benefits, and/or participate in City sponsored programs. Four -Factor Analysis: When a recipient has undertaken efforts to comply with regulations requiring the needed translation of materials. There is no specific method for ensuring compliance but undertaking a four -factor analysis, adoption of a Language Access Plan (LAP) for vital materials and making necessary translation will be "strong evidence" of compliance. Factor 1: Determine the number or proportion of LEP persons in the eligible service population. HUD provides the following guidance for what documents should be provided and when: Size of Language Group Recommended Provision of Written Language Assistance 1,000 or more LEP persons in eligible population Translate vital documents >5% of eligible population and more than 50 are Translate vital documents LEP persons >5% of eligible population and 50 or less are LEP Translated written notice of right to persons receive free oral interpretation of documents 5% or less of eligible population and less than No written translation required 1,000 are LEP persons Factor 2: The frequency with which LEP persons come in contact with the program Factor 3: The nature and importance of the program, activity, or service Factor 4: The resources available and costs to the recipient 3 Examples of language assistance includes but is not limited to oral interpretation, bilingual staff, telephone service lines interpreter, written translation services, notices to staff and recipients about the availability of LEP services; or referrals to community liaisons. When the four -factor analysis is complete the jurisdiction should produce a Language Access Plan and follow through with the plan. Factor 1: Size of LEP Population Overall, Tamarac has a significant Limited English proficiency population that may require translation services. In 2019, an estimated 10,535 individuals spoke English less than "very well," representing 17% of the total population 5 years old or older. Spanish speaking individuals represents the largest part of this group with 7,412 residents'. Due to the importance of HUD programs and the universal availability of some programs the entire jurisdiction was analyzed. Additional four -factor analyses can be conducted on a program basis with a more limited geographic range. The table below displays the number of individuals by primary language spoken at home and how many speak English less than "very well". The latter individuals are considered LEP. Nearly 48% of Spanish speaking individuals are LEP and make up approximately 12% of the total population. Similarly, approximately 41% of 5,706 individuals who speak other Indo-European languages are LEP. TABLE: Language Spoken At Home— Tamarac, FL Language Primary Language Spoken at Home Limited English -Speaking Households # % # % Of Total Households % Of Prim. Home Lang. All Households 62,179 -- 10,535 16.9% -- Spanish 15,572 25.0% 7,412 11.9% 47.6% Other Indo-European 5,706 9.2% 2,356 3.8% 41.3% Asian and Pacific Island 650 1.0% 465 0.7% 71.5% Other 849 1.4% 302 0.4% 35.6% Source: 2015-2019 American Community Survey 5-Year Estimates — S1602 ' 2015-2019 American Community Survey 5-Year Estimates — S1601 0 Factor 2: Frequency of Contact Housing services require ongoing communication and needs to be available throughout the year. Depending on the program specifics, procedures will vary as detailed in the LAP. Race and Ethnicity beneficiaries are reported in the City's Consolidated Annual Performance and Evaluation Report to HUD. In the following table, it shows the race/ethnic composition of households or individuals assisted in Tamarac by entitlement program. Approximately 19% of households that utilized CDBG were Hispanic. Hispanic households are more likely to have Spanish-speaking LEP individuals than households of other races or ethnicities. Racial and Ethnic Composition of Households/Individuals Assisted CDBG White 121 Black or African American 78 Asian 10 American Indian or American Native 17 Native Hawaiian or Other Pacific Islander 1 Total 227 Hispanic 42 Not Hispanic 185 Source: City of Tamarac 2020 CAPER Factor 3: Nature and Importance of the Program Per the "Department of Housing and Urban Development Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons", HUD programs play a critical role in the community and should rank high on the critical/non-critical continuum. The importance will vary depending on each program, but the housing department is critical. Factor 4: Available Resources Given the limited resources available, it is imperative that a cost/benefit analysis is done when considering translation efforts for each program. It is difficult to gauge whether a community's participation (or lack thereof) is due to failed outreach efforts or if they generally do not have a need. Citywide, there is one LEP community, Spanish speaking, that warrant considering translation services. However, efforts can be made to assist other populations as needed. In general, all documents should be available in Spanish, and it would be incredibly beneficial if a staff member could also serve as a point of contact for the Spanish LEP community. The remainder LEP populations should be targeted on a project -by -project basis. The jurisdiction should also reach out to community leaders who may be able to provide translation services. Regardless, every language mentioned above should be made aware of their right to a free oral translation of documents upon request. 5 Conclusion To assist in showing strong evidence for compliance with Title VI's prohibition against discrimination, the Tamarac Community Development Department produce a thorough Language Access Plan. This plan should provide guidance for the creation of translated documents on a program -by -program basis. Care should be taken to ensure documents are prepared ahead of time for any disaster relief to minimize delays in service for households harmed by hurricanes or similar natural disasters. X Language Access Plan As a result of the Four -Factor Analysis, the City of Tamarac has determined persons with limited English proficiency who primarily speak Spanish are in -need of language assistance. For this purpose, the following types of language assistance to be provided as needed throughout HUD entitlement programs CDBG: • Notices have been posted in Spanish in City Hall for COVID-19 events and disaster preparedness education and supply distribution. All program notices should be posted in Spanish and, when feasible, newspaper postings should be in Spanish and English. • All public notices and published citizen participation advertisements will continue to include a statement that services and program materials are available in Spanish upon request. • All citizen participation notices will include a statement that translators will be available at public meetings upon prior request. • If needed, a translator may be retained to provide oral translation at public meetings and hearings, and during the implementation of the project activities (as needed for housing and public services). • If other populations of LEP persons are identified in the future, the City of Tamarac will consider additional measures to serve the language access needs of those persons. Adopted: 0113622, `22 Chid Elected Official Date 7