Res. 2150 - Limited English Proficiency Language Access Plan COUNCIL BILL NO. 3122
RESOLUTION NO. 2150
A RESOLUTION ADOPTING AN UPDATED LIMITED ENGLISH PROFICIENCY
LANGUAGE ACCESS PLAN AND REPEALING THE PREVIOUSLY ADOPTED PLAN
WHEREAS, as a recipient of federal financial assistance as it relates to the
needs of individuals with limited English proficiency language skills, the City of
Woodburn is required for purposes of Title VI of the Civil Rights Act of 1964, 42
U.S.C. 2000d, et seq, and its implementing regulations to develop a plan for
meeting the needs of individuals with limited English proficiency language skills;
and
WHEREAS, on September 23, 2013, the City adopted a Limited English
Proficiency Plan by Resolution 2034; and
WHEREAS, on September 25, 2017, the City also adopted a separate Title
VI Program specific to the Woodburn Transit System, which the City desires and
intends to keep in effect as it applies to the Transit System; and
WHEREAS, the attached Limited English Proficiency (LEP) Language
Access Plan provides updated guidance to the City in meeting the needs of
individuals with limited English proficiency language skills; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The City Council adopts the Limited English Proficiency
Language Access Plan which is attached hereto as Exhibit A, and is
incorporated herein.
Section 2. The City's Section 3 Plan adopted to ensure compliance with
federal law for Community Development Block Grant projects and also
adopted as part of Resolution 2034 remains in effect.
Section 3. The City's Title VI Program specific to the Woodburn Transit
System and adopted September 25, 2017, remains in effect.
2-110 /-Z t02 L
Approved as to form.
City Attorney Dat
Page I - Council Bill No. 3122
Resolution No. 2150
Approved:
Eric Swenson, Mayor
Passed by the Council 1
Submitted to the Mayor t
Approved by the Mayor
Filed in the Office of the Recorder f
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ATTEST: -� .0 �F,% � �,I �..��' ,5I)
Heather Pierson, City Recorder
Page 2- Council Bill No. 3122
Resolution No. 2150
Exhibit A
LIMITED ENGLISH PROFICIENCY LANGUAGE ACCESS PLAN
CITY OF WOODBURN
This Limited English Proficiency(LEP) Language Access Plan (LAP) addresses City of Woodburn's
responsibilities as a recipient of federal financial assistance as it relates to the needs of individuals with
limited English proficiency language skills. U.S. Department of Housing and Urban Development defines
limited English proficient individuals as persons who, as a result of national origin, do not speak English as
their primary language and who have a limited ability to speak, read, write or understand.' Limited
English proficiency refers to anyone above the age of 5 who reported speaking English less than "very
well," as classified by the U.S. Census Bureau. For purposes of Title VI and the LEP Guidance, persons may
be entitled to language assistance with respect to a particular service, benefit or encounter.The plan has
been prepared in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq, and its
implementing regulations which state that no person shall be subjected to discrimination on the basis of
race, color or national origin.
Executive Order 13166,titled "Improving Access to Services for Persons with Limited English Proficiency,"
indicates that differing treatment based upon a person's inability to speak, read,write or understand
English is a type of national original discrimination. It directs each agency to publish guidance for its
respective recipients clarifying their obligation to ensure such discrimination does not take place.This
order applies to all state and local agencies which receive federal funds, including the City of Woodburn.
City of Woodburn referenced the most current data from U.S. Census Bureau's American Community
Survey(below) and utilized both the Four-Factor LEP Analysis for Meaningful Access and Safe Harbor Test
for Written Translation Services to prepare this plan.
INTRODUCTION
The City of Woodburn is located in Marion County, Oregon. According to American Community Survey
(ACS) 5-year estimates for 2011-2015,the City of Woodburn had a population of 22,787 5 years of age
and older.The City encompasses a multitude of services including the Public Works Department,
Woodburn Public Library,the Mayor's Office and City Council.
Woodburn's population predominately speaks English with 41.5% (9,446 persons)who speak English
only, according to American Community Survey(ACS) 5-year estimates. In addition, 25 percent (5,703
persons) of the population in Woodburn is listed as Spanish or Spanish Creole who speak English "less
than very well".Table 1.1 below identifies languages spoken at home by Woodburn residents.
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Exhibit A
Table 1: Language Spoken at Home-Woodburn,Oregon—2011-2015
SUBJECT NUMBER PERCENT
Population 5 years and over 22,787
Speak only English 9,446 41.5%
Speak a language other than English 13.341 58.5%
Spanish or Spanish Creole 11,937 52.4%
Spanish or Spanish Creole-Speak 5,703 25%
English less than "very well"
Russian 926 4.1%
Russian-Speak English less than 535 2.3%
"very well"
Source: U.S. Census Bureau, American Community Survey 5-Year Estimates, ACS Table B16001
FOUR FACTOR ANALYSIS FOR MEANINGFUL ACCESS
Recipients are required to take reasonable steps to ensure meaningful access to LEP persons through the
four factor analysis.This "reasonableness" standard intends to be flexible and fact-dependent. It also
intends to balance the need to ensure meaningful access by LEP persons to critical services while not
imposing undue financial burdens on small businesses, small local governments, or small nonprofit
organizations. As the City of Woodburn encompasses a variety of services, application of the Four-Factor
analysis varies depending on the specific service.
As a starting point, a recipient may conduct an individualized assessment that balances the following four
factors:
1. The number or proportion of LEP persons served or encountered in the eligible service
population ("served" or"encountered" includes those persons who would be served or
encountered by the recipient if the persons received adequate education and outreach and the
recipient provided sufficient language services):
According to ACS 5-year estimates, an estimated 25 percent(5,703 persons)of the population
over the age of five(5) in Woodburn is Spanish or Spanish Creole speaking and reported speaking
English "less than very well". In addition, an estimated 4.1 percent(926 persons) of the
population over the age of five (5) in Woodburn is Russian speaking and speaks English "less than
very well".According to the 'Safe Harbor' Guidelines provided in Table 2 below,for any language
population that constitutes more than 5%of the population and 50 or more persons in the
eligible population, it is recommended that all vital documents for City services are or can be
provided as translated documents in that language.
As Spanish speakers can be considered LEP populations under these guidelines, the City of
Woodburn is required to provide translation services for any vital documents under the 'Safe
Harbor' guidelines to non-English LEP individuals.Table 2 summarizes Safe Harbor guidelines for
written translations.
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Exhibit A
Table 2:"Safe Harbors"for Written Translations
VZE CSF LANGUAG3 ,GROUP HECk7MMENDED PROVISION Cwt WRITTEN
LANGI.IAGE ASSISTANCE
1,000 or more in the eligible population in the market Translated vital documents
area or among current beneficiaries
More than 5%of the eligible population or Translated vital documents
beneficiaries and more than 50 in number
More than 5%of the eligible population or Translated written notice of right to receive free oral
beneficiaries and 50 or less in number interpretation of documents.
5% or less of the eligible population or beneficiaries
No written translation is required.
and less than 1,000 in number
Source:Community Development Block Grant"Grant Management Handbook",page 7-19,2017
2. The frequency with which LEP persons come into contact with the program:
The program and/or City services are to benefit the entire population of the City of Woodburn.
The City encompasses a multitude of services, including City Hall, City Parks, Library and Aquatic
Center, and Public Works/Infrastructure services including service registration and billings.Those
interested in the learning more about the City's programs or projects are encouraged to attend
City Council meetings or request information at City Hall.
The frequency with which LEP persons may come into contact with City programs and services is
significant for both Spanish speaking and Russian speaking persons. Therefore, the City of
Woodburn provides vital written documents in these languages. In addition, the City commits to
and provides other language translation services, sign language, hearing, speech or other
translation services as requested via bi-lingual employees/staff who are available during normal
business hour and a contract with the translation service "Language Line".
3. The nature and importance of the program, activity, or service provided by the program:
The program, activities and services provided by the City serves all residents. Certain services like
utility water and sewer services are especially critical in nature and make it more likely that
language assistance may be needed to ensure access to all LEP individuals. It is also likely that
City personnel will regularly encounter LEP individuals while making City services and program
available to the public, so it is vital that the City continue to analyze its offered translation
services in order to identify any additional areas of potential concern to LEP individuals.
4. The resources available and costs to the recipient:
The City of Woodburn has sufficient staff capacity at City Hall and across its various departments
and programs to provide—in-person translation services and to make vital documents available in
Spanish and Russian.The City has well established translation and interpreter services available for
all public meetings, court, police, and City Hall services. Upon request, the City also commits to
provide other language translation services, sign language, hearing, speech or other translation
services as requested via bi-lingual employees/staff who are available during normal business hour
and a contract with the translation service "Language Line".
FOUR FACTOR ANALYSIS DETERMINATION:The City shall make sure that all notices provide for access to
public meeting spaces and provide for the availability of translation services, if requested. Said notices
will be provided in English and Spanish and staff has developed model text to include in future agendas
and notices regarding this project.
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Exhibit A
Based on the four factor analysis for meaningful access, the City provides text translation in Spanish and
other languages upon request, on all public notices and newsletters and other applicable forms that the
City of Woodburn has jurisdiction over.
IMPLEMENTATION PLAN
LANGUAGE SERVICES AVAILABLE
Written Translations
Safe Harbor: Housing and Urban Development, in its final guidance for providing program access to LEP
individuals, has detailed a 'Safe Harbor'where providing a certain level of translated materials for a LEP
population of a specified size will "be considered strong evidence of compliance with the recipient's
written translation obligations." According to the 'Safe Harbor' Guidelines for written language
assistance, any language population that constitutes more than 5-percent of the eligible population or
beneficiaries and 50 person or more in number is required to provide written translations of vital
documents.The City of Woodburn determines that, in regards to its LEP language populations, Spanish
LEP populations are at 5 percent or more or 50 persons or more, and thus translated vital documents is
required.Therefore, City of Woodburn is required to provide written translation to these LEP individuals
as identified in the 'Safe Harbor' guidelines.The City of Woodburn will use, when there is difficulty
determining this language spoken, Language Identification Cards created by the U.S. Census Bureau.
Vital Documents: A vital document is any document that is critical for ensuring meaningful access to the
City's major activities and programs by beneficiaries generally and LEP persons specifically.The City
intends to consistently assess and determine, over time and across its various activities, what documents
are "vital"to the meaningful access of the LEP populations it serves.The City provides the Fair Housing
brochure and poster in English and Spanish. Upon request, the City also commits to provide sign
language, hearing, speech or other translation services including referrals to community liaisons
proficient in the language of LEP persons.
Oral Interpretation
Staff Obtainment of Language Services: Staff needing translation services will contact another bilingual
staff member, the City's Community Relations Manager, or the City Recorder, who will refer staff to
community liaisons proficient in the language. In addition, the City of Woodburn will use,when there is
difficulty determining this language spoken, Language Identification Cards created by the U.S. Census
Bureau.
PROCEDURE FOR LEP CALLERS
Upon request,the City also commits to provide hearing, speech or other translation services including
referrals to community liaisons proficient in providing services to LEP persons.
PROCEDURE FOR WRITTEN COMMUNICATION WITH LEP INDIVIDUALS
Upon request,the City also commits to provide translation services including referrals to community
liaisons proficient in the language of LEP persons.
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Exhibit A
PROCEDURE FOR IN-PERSON COMMUNICATION WITH LEP INDIVIDUALS
Employees of the City of Woodburn who encounter an LEP individual will contact another bilingual staff
member, the City's Community Relations Manager, or the City Recorder who will refer the individual to
community liaisons.The LEP individual can decline the interpretation assistance if he or she wishes to
utilize another individual for services, but the individual will still be offered the service. In addition,the
City of Woodburn will use, when there is difficulty determining this language spoken, Language
Identification Cards created by the U.S. Census Bureau.
ENSURING COMPETENCY IN INTERPRETERS AND TRANSLATION SERVICES
Training Staff: All City of Woodburn staff acting as point-of entry contacts will be given instruction on
how to identify LEP clients using Language Identification Cards and other established methods and how
to utilize interpretation services.
Monitoring and Updating the LEP:The City of Woodburn will monitor and update the LEP as needed.The
City will review the LEP periodically against new Census data, or as needs arise,to identify any changes
that need to be made or if the City of Woodburn encounters difficulty interacting with LEP individuals.
U.S. Department of Housing and Urban Development. Limited English Proficiency(LEP) Frequently Asked Questions.
http://portal.hud.gov/hudportal/HUD?src=/program offices/fairhousing_equal_opp/promotingfh/lep-fag#g1
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