REPORT TO THE CITY COUNCIL September 26, 2019 FROM: Wilma Quan, City Manager Office of the Mayor & City Manager THROUGH: JIM SCHAAD, Assistant City Manager Office of the Mayor & City Manager BY: THOMAS W. GAFFERY IV, Parking Division Manager Planning & Development Department SUBJECT ..Title Actions pertaining to Shared Mobility Devices: 1. BILL - (For Introduction) - Amending the Fresno Municipal Code Relating to Shared Mobility Devices 2. Authorize the City Manager or designee to sign a six-month pilot Franchise Agreement on behalf of the City of Fresno ..Body RECOMMENDATION Staff recommends City Council approve a resolution adding Article 34 to Chapter 9, amending Section 14-305, and adding Section 14-312 of the Fresno Municipal Code, authorize the City Manager or designee to sign a six-month pilot Franchise Agreement on behalf of the City of Fresno EXECUTIVE SUMMARY This resolution will create the necessary laws to enforce shared mobility devices, and allow the City Manager to negotiate a six month pilot program franchise agreement. BACKGROUND There is a need for affordable, environmentally friendly forms of transportation in the City of Fresno and shared mobility devices have been successful in other cities. A six month pilot program franchise agreement will allow the City to determine if Fresno can also benefit from shared mobility devices. The ordinance and sample franchise agreement address key concerns including shared mobility devices in the right-of-way, protecting ADA paths of travel, programs for low-income residents, ability to accept cash payments, removal of non-compliant shared mobility devices, and ensuring the City's costs to administer are appropriately recouped. ENVIRONMENTAL FINDINGS Staff determined this activity is not subject to CEQA pursuant to State CEQA Guidelines Section 15060(c)(2), as it would not result in any direct or indirect physical change in the environment, and that nevertheless, is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15301 (Existing Facilities) and 15306 (Information Collection), and no exceptions to the exemptions as set forth in CEQA Guidelines Section 15300.2 apply to the activity. LOCAL PREFERENCE Local preference was not considered as staff concluded there were no local providers. The selected franchisee will hire local staff in support of their pilot program. FISCAL IMPACT The franchise fee and penalties proposed in the sample franchise agreement are designed to make this pilot program self-sustaining. Attachment: Ordinance Sample Franchise Agreement Sample Indemnification & Hold Harmless Sample Insurance Requirements Sample Permit Sample User Release