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HomeMy WebLinkAboutStaff Report 11075 City of Palo Alto (ID # 11075) City Council Staff Report Report Type: Action Items Meeting Date: 3/2/2020 City of Palo Alto Page 1 Summary Title: Bicycle and Electric Scooter Share Pilot Program Title: Adoption of a Resolution to Extend the Bicycle and Electric Scooter Share Pilot Program for One Year From: City Manager Lead Department: Transportation Recommendation Staff recommends that the Council adopt a resolution (Attachment B) approving a one-year extension of the bicycle and electric scooter share pilot program through March 31, 2021. Background Bicycle and electric scooter sharing programs are emerging technologies for improving mobility, first/last mile connections, as well as reducing emission and traffic congestion. The City of Palo Alto adopted a one-year bicycle and electric scooter sharing pilot program in March 2018 (CMR #8546) and developed permit guidelines for vendors to operate within the City of Palo Alto. The program was extended by Council in 2019 (see attached resolution). The pilot program implementation was delayed due to staff resources, and the impending expiration date precludes effective pilot initiation. The recommended action would extend the pilot program for an additional year to test the concept of private bicycle and electric scooter sharing systems in Palo Alto. The pilot program will assist the City to assess the ability of various service providers to meet service requirements and interest from the community. If extended, the one-year bicycle and electric scooter pilot program will expire on March 31, 2021. Following the pilot program, staff anticipates returning to Council for action on adoption of permanent regulations, requirements, and program guidelines. Discussion The National Association of City Transportation Officials (NACTO) recently published a report on Shared Micromobility in the U.S.: 2018. The report stated that 84 million trips were taken on shared micromobility devices in 2018. The popularity and rate of adoption of these modes has been remarkable, but there remain policy and regulation challenges. The City’s permit City of Palo Alto Page 2 guidelines (Attachment A) were revised slightly to reflect major lessons learned from other cities, including the following: 1. Removal of a maximum cap on devices. Staff will review and approve the allowable devices per vendor at the time of permit issuance. Permittees may submit a written request to adjust their devices’ cap at a later time with relevant supporting data. 2. Inclusion of incentivized parking areas for activity hubs around the city (i.e. Caltrain stations, Stanford Shopping Center, libraries, etc.) in order to minimize device clutter. 3. Addition of a requirement to implement a marketing and community engagement plan before deployment of any devices. Policy Implications Development of the bicycle and electric scooter sharing systems is consistent with the following Comprehensive Plan 2030 and Bicycle + Pedestrian Transportation Plan goals, policies, and projects: Comprehensive Plan 2030: • Program T1.6.1: Collaborate with transit providers, including Caltrain, bus operators and rideshare companies, to develop first/last mile connection strategies that boost the use of transit and shuttle service for local errands and commuting. • Policy T-1.16: Promote personal transportation vehicles as an alternative to cars (e.g. bicycles, skateboards, roller blades) to get to work, school, shopping, recreational facilities and transit stops. • Program T1.19.4: Encourage the use of bicycle sharing, and the provision of required infrastructure throughout Palo Alto, especially at transit stations and stops, job centers, community centers and other destinations. Bicycle + Pedestrian Transportation Plan: • PR-5 Bicycle Share Program Additionally, bicycle and electric scooter sharing systems are consistent with goals outlined in the Sustainability and Climate Action Plan (S/CAP) as strategies to improve and support non- automobile-based mobility. Resource Impact Under the proposed pilot program, minimal costs are anticipated primarily for staff time reviewing applications, issuing permits, data analysis, and monitoring compliance. The funding for this program is available in the Fiscal Year 2020 Adopted Operating Budget. If the program continues beyond the pilot phase, funding for subsequent years of the program will be subject to approval through the annual budget development process. City of Palo Alto Page 3 Timeline Upon City Council approval, staff will announce the application process through our program website within ten days of Council approval. The application process is anticipated to remain open for three weeks. The successful and timely deployment of devices is heavily reliant on vendors’ application completeness, community engagement process, and staff resources for reviewing applications and issuing permits. A targeted timeframe for deployment of devices is four weeks from permit issuance. Environmental Review Amendment of the adopted resolution for a bicycle and electric scooter share pilot program extension is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the project will have no significant effect on the environment. Attachments: • Attachment A - Bike Scooter Share Pilot Permit Guidelines 2-19-2020 • Attachment B - Resolution Extending the Pilot Program for Bicycle and E-Scooter Sharing Systems Through March 31, 2021 2/19/2020 1 BICYCLE, ELECTRIC-ASSIST BICYCLE, AND ELECTRIC SCOOTER SHARE PILOT PROGRAM PERMIT GUIDELINES AMENDED BY CITY MANAGER’S OFFICE ON DATE I. Statement and Purpose The purpose of these guidelines is to establish rules and regulations governing the operation of a bicycle, electric‐assist bicycle, and/or electric scooter sharing pilot program within the City of Palo Alto. A key to the pilot program’s success is to ensure that such mobility sharing systems are consistent with the safety and well‐being of bicyclists, pedestrians, and all other users of the public right‐of‐way. II. Scope and Applicability These guidelines apply to any proposed deployment of bicycle, electric‐assist bicycle, and/or electric scooter sharing systems within the City of Palo Alto’s jurisdictional boundaries. All permittees shall be required to comply with these guidelines, as they may be amended from time to time during the course of the pilot program. III. Authority i. The City Manager or his or her designee (referred to as “City Manager”) is authorized pursuant to Council Resolution No. 9822, as amended, to establish permit guidelines governing the operation of bicycle, electric‐assist bicycle, and/or electric scooter sharing programs. ii. The City Manager reserves the right to determine the type and number of devices to operate within the City of Palo Alto. The City Manager can restrict the type of devices to operate even after issuing permit or after deploying devices in the city. iii. The City Manager may establish a maximum cap on the number of bicycles, electric‐ assist bicycles, and/or electric scooters parked in specific areas of the city (e.g., the Downtown or California Avenue business districts, as defined in the City of Palo Alto Comprehensive Plan 2030). iv. The City Manager can deny the permit of bicycles, electric-assist bicycles, and/or electric scooters in specific areas of the city to maintain equal distribution and prevent congestion on the public right of way. v. The City Manager reserves the right to amend the permit guidelines within the pilot program at its discretion. vi. The total number of bicycles, electric‐assist bicycles, and/or electric scooters and total number of operators permitted under this pilot program shall be determined by the City Manager. 2/19/2020 2 vii. The City Manager reserves the right to revoke a permit at any time during the pilot program. If there is a violation of this pilot program’s guidelines or any federal, state, and local laws, or if there is a risk posed to public safety, the City Manager shall then revoke the permit and the permittee shall have to remove their fleet from the City’s right-of-way within 14 days. IV. Procedures a. Application Submission Applications must be completed and submitted electronically by 5:00pm on DATE. By submitting an application, applicants acknowledge that they have read, understand, and agree, if selected, to Permit Guidelines, including Permit Regulations and Requirements in Appendix B. A completed application package must include the following components: 1. Signed Application Cover Sheet in Appendix A 2. Application materials listed in Section V of these guidelines Please submit one searchable format via email and three hard copies by mail to the City of Palo Alto Office of Transportation. Email: Micromobility@CityofPaloAlto.org Mail: City of Palo Alto, Office of Transportation 250 Hamilton Ave, 5th Floor Palo Alto, CA 94301 Re: Bicycle and Electric Scooter Sharing Pilot Program Note: Vendors with a fixed place of business in Palo Alto may be required to register with the City. Please see the Palo Alto Business Registry website: https://www.cityofpaloalto.org/business/business_registry/default.asp b. Additional Selection Criteria and Process i. Selected applicants shall obtain an encroachment permit from the Office of Transportation conditioned on compliance with these permit guidelines and any other conditions established by the City. Only applicants selected by the Office of Transportation shall be eligible to obtain an encroachment permit from the Planning and Development Services Department. No person shall operate a bicycle, electric‐ assist bicycle, and/or electric scooter share program within the city except pursuant to such permit. ii. Selected applicants shall conduct a community outreach process prior to deployment of any devices. Applicants will be evaluated based on their community engagement plan. 2/19/2020 3 V. Application Materials The applicant shall provide but shall not be limited to the listed information described below. Materials stated below are for reference only. The applicant shall be responsible to include all information that demonstrates compliance with these guidelines. a. Experience and Qualification Provide a description of the individual, firm, or entity that is anticipated to become the operator of the Palo Alto Bicycle, Electric-Assist Bicycle, and Electric Scooter Share Program. Description shall include but shall not be limited to the following: i. Experience operating micro-mobility devices. ii. List of cities in which you are currently operating in and have operated in. If you are operating in and/or have operated in neighboring cities of Palo Alto, include the following (if applicable): 1. Dates of operation. 2. Total number of devices in service. 3. The average active fleet size in your first six months of operation. 4. Total trips provided in your first six months of operation. iii. Citations or suspensions from local authorities. b. Operations and Maintenance Plan Operators must have a system operations strategy that provides an equitable distribution of devices. Devices shall be available and accessible throughout neighborhoods, commercial areas, and key destinations citywide. The applicant shall submit in a searchable format, an operations and maintenance plan that includes at a minimum the following: i. General operations, service area, and availability, including hours of operations, pricing structure, proposed deployment locations, proposed total fleet size and at each deployment location, geofencing capabilities, and storage of devices during non-operational hours. ii. Provide information about hiring, including the types of work force employed, staffing levels and training provided to them. iii. Methods for deployment and rebalancing. iv. Speed reduction and deactivation strategies as appropriate. v. Propose incentivized designated parking areas using geofencing or equivalent technology. vi. Methods for parking verification, notification, reporting, and enforcement. vii. Describe the approach to inspection, maintenance, cleaning, and repairing, as well as procedures for customers to notify the operator of a safety or maintenance issue. In addition to compliance with all federal, state, and local laws, the Operations and Maintenance Plan shall comply with regulations and requirements set forth in Appendix B of these guidelines. 2/19/2020 4 c. Community Engagement Plan The applicant shall implement a marketing and targeted community engagement plan at its own cost. The plan shall be submitted in a searchable format to the City for approval prior to permit issuance and deployment of any devices. The outreach process shall be oriented to the community at large to reach both users and non-users of the program, particularly among low-income communities. Engagement shall include virtual, physical, and in-person methods, as well as use of effective and creative techniques. The plan shall describe at a minimum the following: i. Commitment to conveying information about safety rules and regulations, as well as associated penalties, including those related to wearing helmets, riding on sidewalks and/or roadways, and parking. ii. Partnerships with local businesses or other organizations to promote the use of the program. iii. Any fines, consequences, and user accountability measures to encourage and monitor compliance with applicable laws and regulations. Specify commitment to address users who are noncompliant. iv. A list of planned communication materials, events and activities with residents, business groups, community organizations, neighborhood associations, the Transportation Management Association, and other key stakeholders within the City. Outreach materials shall be made available in languages determined by the City. d. Data Sharing and Reporting Plan Provide a data reporting template in a searchable format for review that complies with the data sharing section in Appendix B. e. Personal Data and Privacy Plan i. Provide any privacy policies, user agreements, and/or terms of service in a searchable format for review, including the method for obtaining user acknowledgement and/or agreement. ii. Define the extent of personal information collected about users, how it is being used, and for how long. f. Description of Devices Provide devices’ specifications and safety measures including but not limited to the following: i. Type of bicycles, electric-assist bicycles, and/or scooters including accompanying hardware – warning bells, lights, and other relevant components. ii. Technology for location-based speed regulation, deactivation, and parking restriction. iii. Describe devices’ geofencing technology. 2/19/2020 5 iv. Propose approaches to ensure user compliance with laws and regulations – including those related to wearing helmets, riding on sidewalks and/or roadways, parking locations. v. Describe devices’ capabilities to accommodate a range of users. g. Description of Mobile Application Provide mobile application’s capabilities including but not limited to the following: i. Provide information of the mobile application and the website to be used. ii. Clarify if using a third-party mobile application or website. iii. Propose technology to be used to ensure user compliance with laws and regulations – including those related to wearing helmets, riding on sidewalks and/or roadways, parking locations, and other relevant safety rules. iv. Describe mobile application’s customer interface to accommodate multilingual users, and necessary interface to enhance customer service and educate users about safe riding and rules of the road. The mobile application and other customer interface technology must be fully accessible to persons with disabilities and accessible to screen readers and must comply with Section 508 of the United States Workforce Rehabilitation Act of 1973. h. Proof of Insurance Attach certificates of insurance per requirements set forth in Appendix B of these guidelines. VI. Effective Dates These guidelines shall be effective during the course of the pilot program. 2/19/2020 6 APPENDIX A – APPLICATION COVER SHEET BICYCLE, ELECTRIC-ASSIST BICYCLE, AND ELECTRIC SCOOTER SHARE PILOT PROGRAM PERMIT APPLICATION Application Date: _______________ The Bicycle, Electric-Assist Bicycle, and Electric Scooter Share Pilot Program allows permitted operators to operate bicycles, electric‐assist bicycles, and/or electric scooters within the City of Palo Alto. The City of Palo Alto Office of Transportation will review completed application packages and evaluate applications according to regulations and requirements described in the pilot program permit guidelines. I. General Applicant Information (Please Print) Company Name: Mailing Address: Physical Address (If different than above): Contact Person, Title: Applicant’s Email: Applicant’s Phone Number: Company Website: II. Application Agreement By signing this application, the applicant verifies on behalf of the Bicycle, Electric-Bicycle, and Electric-Scooter Share Operator that all the information provided is true and that if issued a permit, the applicant agrees to comply with all regulations and requirements set forth in the bicycle, electric-bicycle and electric-scooter share program guidelines. Printed Name, Title: Authorized Signature: Date: 2/19/2020 7 APPENDIX B – PERMIT REGULATIONS AND REQUIREMENTS I. General i. Permittees must comply with all applicable federal, state, and local laws, including but not limited to, the Palo Alto Municipal Code, the California Vehicle Code (CVC), and local wage requirements. ii. Permittees shall be responsible for educating their users regarding all applicable federal, state, and local laws governing safe operations and parking of bicycles, electric-assist bicycles, and/or electric scooters. iii. Permittees shall not transfer or assign permits issued under this program to a substitute provider, a successor in interest, or a purchaser of the permit, without the advance written consent and approval of City. iv. Permittees shall maintain a staffed operations center within the San Francisco Bay Area, as defined by the Metropolitan Transportation Commission. v. Permittee shall offer a one‐year low‐income customer plan that waives any applicable program deposit and offers an affordable cash payment option and unlimited trips under 30 minutes to any customer with an income level at or below 200% of the federal poverty guidelines, subject to annual renewal. vi. Permittees shall provide to the City a record of all public feedback received during the marketing and community outreach process. Permittees shall obtain confirmation of receipt by the City of such document prior to deployment of any devices. vii. Permittees shall meet their permitted fleet size within four weeks of permit approval by the City. Permittees shall include the proposed fleet size in their application. viii. Permittees interested in adjusting their devices’ cap must submit a written request to the City with recent and relevant supporting data. The City reserves the right to approve or deny the request at its discretion. Supporting data shall reflect at a minimum 30-day fleet utilization levels within the city. Data from the first 30 days of the pilot program shall be included but will not be considered as supporting data for the adjustment request. ix. The City will monitor permittees’ compliance with these guidelines and reserves the right to revoke a permit. II. Operating and Maintenance i. All bicycles and electric-assist bicycles shall meet the safety standards outlined in ISO 43.150 – Cycles, as well as the standards outlined in Code of Federal Regulations Title 16, Chapter II, Subchapter C, Part 1512 – Requirements for Bicycles. In addition, all bicycles and electric-assist bicycles shall meet the standards established in California Vehicle Code (CVC) Section 21201, including for lighting during operation in darkness. ii. Electric‐assist bicycles shall be “Class 1” or “Class 2” electric bicycles only, as defined in CVC Section 312.5. iii. Electric scooters shall comply within the meaning of devices as defined in CVC Section 407.5 (a) and must meet specifications set forth in CVC 21220 – 21235. 2/19/2020 8 iv. Permittees shall provide easily visible contact information, including toll‐free phone number and e‐mail address, on each bicycle, electric‐assist bicycle, and/or electric scooter for members of the public to make relocation requests or to report other issues with devices. v. Electric scooters shall not operate greater than 15 mph speed. The City Manager reserves the right to revise the speed limit based on collision and injury data recommended by Office of Transportation, City of Palo Alto. vi. Permittees shall make efforts to reduce landfill e-waste and follow state law requirements for disposal or recycling of all types of batteries and other toxic materials at an appropriate recycling facility. vii. Bicycles, electric-assist bicycles and electric scooters shall not create excessive, unnecessary and unreasonable noises in violation of Palo Alto Municipal Code (PAMC) Chapter 9.10. viii. Permittees shall maintain a customer service phone number and mobile application interface for customers to report safety concerns, complaints, or to ask questions twenty-four hours a day, seven days a week. ix. Permittees shall issue a “ticket number” for each issue and provide a response to the complaining party within three business days. x. Permittee shall provide an option to use a clipper card to check out or unlock bicycles, electric-assist bicycles and electric scooters. xi. In the event a safety or maintenance issue is reported for a specific device, that bicycle, electric‐assist bicycle, and/or electric scooter shall immediately be made unavailable to users and shall be removed within the timeframes provided below. Any inoperable or unsafe device shall be repaired before it is put back into service. xii. Permittees shall provide City staff with a direct contact to a representative who is capable of rebalancing the bicycles, electric‐assist bicycles, and/or electric scooters within the City of Palo Alto. Permittees shall respond to requests for rebalancing, reports of incorrectly parked devices, or reports of unsafe/inoperable devices by relocating, re‐parking, or removing the bicycles, electric‐assist bicycles, and/or electric scooters, as appropriate, within the following timeframes: 1. From 6:00 am to 6:00 pm on weekdays, not including holidays: within two hours of receiving notice. 2. All other times: within 10 hours of receiving notice. xiii. In the event a bicycle, electric‐assist bicycle, and/or electric scooter is not relocated, re- parked, or removed within the timeframes specified above, or a device is parked in one location for more than seventy-two hours, it may be removed by the City. Any type of expenses associated with the removal of bicycles, electric-assist bicycles, and/or electric scooters will be borne by the Permittee. xiv. Permittees shall provide notice to all users by means of signage and through a mobile or web application that: 1. Helmets should be worn by all users as defined in the California Vehicle Code (CVC). 2/19/2020 9 2. Electric scooter users must have a valid Driver’s License as defined in the CVC 21235. 3. All users operating a bicycle, electric‐assist bicycle, and/or electric scooter must obey all rules of the road, traffic laws, and all applicable federal, state, and local laws. III. Parking i. Permittee shall propose incentivized parking areas for, but shall not be limited to the following designated areas: 1. Downtown Avenue business districts, as defined in the City of Palo Alto Comprehensive Plan 2030 2. Palo Alto Caltrain Station 3. California Avenue Caltrain Station 4. Stanford Shopping Center 5. Town & Country Village 6. Palo Alto Libraries – Children’s Library, College Terrace Library, Downtown Library, Mitchell Park Library and Rinconada Library 7. Large Community Parks – Rinconada park, Michell Park and Greer Park ii. The City Manager reserves the right to determine certain block faces where free‐floating bicycles, electric‐assist bicycles, and/or electric scooters parking is prohibited or to create geofenced areas where bicycles, electric-assist bicycles, and/or electric scooters shall be parked. iii. Free‐floating bicycles, electric‐assist bicycles, and/or electric scooters shall be parked upright on flat and hard surfaces in the landscape/furniture zone of the sidewalk, at a bicycle rack, or in another area specifically designated for bicycle parking. iv. Bicycles, electric‐assist bicycles, and/or electric scooters shall not be parked within 5’- 15’ of a crosswalk or curb ramp. v. Parking along sidewalks or blocks without sidewalks must maintain a 6’ clear path for pedestrians. vi. Bicycles, electric‐assist bicycles, and/or electric scooters shall not be parked in the landscape/street furniture zone in such a manner as to impede other street uses or obstruct pedestrians, including at transit stops, in loading or disabled parking zones, or blocking access to buildings, driveways, curb ramps, and other street features that requires pedestrian and/or emergency access (e.g. benches, parking pay stations, bus shelters, transit information signs, fire hydrants, call boxes, utility poles, etc.). vii. Bicycles, electric‐assist bicycles, and/or electric scooters shall not be parked in such a manner as to impede or interfere with the regular flow of travel in the public right-of- way, clearance on sidewalks needed for ADA compliance, or within reasonable use of any commercial window display or access to or from any building. viii. Permittees shall institute geofencing around designated parking areas and implement in-app technology to direct users to designated parking areas as appropriate. ix. No device shall be parked in one location for more than seventy-two hours. 2/19/2020 10 x. To the extent a permittee proposes to park bicycles, electric‐assist bicycles, and/or electric scooters in areas other than the public right‐of‐way (e.g. parks, plazas, parking lots, private property or transit stations), the permittee must first obtain the right to do so from the appropriate City department, property owner, or public agency and shall communicate this right to users through signage approved by the respective entity and/or through a mobile or web application. IV. Data Sharing i. Permittees shall provide the City with real‐time information on the entire Palo Alto fleet through a documented application program interface (API). City may ask permittees to provide the data in another file format. Permittees are directly responsible for obtaining an API key from the City’s Office of Transportation to which they will publish the data described below. The data to be published to the City’s API will include the following information in real time for every bicycle, electric-assist bicycle and electric‐scooter parked in the city’s operational areas: 1. Point location 2. Bicycle/electric-assist bicycle/electric scooter identification number 3. Type of bicycle (standard or electric-assist) 4. Fuel level (if electric) 5. Designated parking area ii. The City is permitted to display real‐time data provided via the API to the public. 2/19/2020 11 iii. Permittees shall provide the following anonymized data for each trip record to inform and support safe and effective management of the system and for transportation planning efforts. Data shall be submitted via the City’s API and shall also be provided in other file format as requested by the City. Field Name Format Description Company name [Company name] n/a Type of device Bicycle, electric-assist bicycle or electric scooter n/a Trip record number xxx0001, xxx0002, xxx0003,… 3-letter company acronym + consecutive trip number Trip duration MM:SS n/a Trip distance Feet n/a Start date MM,DD,YYYY n/a Start time HH:MM:SS n/a End date MM, DD, YYYY n/a End time HH:MM:SS n/a Start location Census block n/a End location Census block n/a Device ID number xxxx1, xxxx2, xxxx3,… Unique identifiers for every device Trip route n/a Only in API format Trip cost total $ per trip n/a Trip cost promotion (if applicable) $ per trip Promotion type iv. Permittees shall provide the following device availability data for oversight of parking compliance and device distribution by minutes. Data should be submitted via the City API and should also be provided in other file format as requested by the City. Field name Format Description Device ID number xxxx1, xxxx2, xxxx3,… Unique identifiers for every device GPS coordinate X,Y n/a Trip parking verification Compliant, non- compliant Parked location Availability start date MM, DD, YYYY n/a Availability start time HH:MM:SS n/a Unavailability start date MM, DD, YYYY n/a Unavailability start time HH:MM:SS n/a Availability duration Minutes n/a 2/19/2020 12 v. Permittees shall generate a “ticket number” for each complaint, provide the ticket number to the person who reported the issue, and provide a response to the complaining party within three business days. The ticket numbers, complaint information, and provided responses shall be sent to the City monthly and at any time within three business days if requested by the City. vi. Permittees shall keep a record of maintenance activities and reported safety issues and collisions, including but not limited to device identification number and maintenance performed. These records shall be sent to the City monthly and at any time within three business days if requested by the City. vii. Permittees shall report the aggregated breakdown of customers by gender and age. Gender must be reported as male, female, and non‐binary. Age must be reported using these eight age groups: under 5, 5‐17, 18‐24, 25‐34, 35‐44, 45‐54, 55‐64, 65 and over. This report shall be sent to the City monthly and at any time within three business days if requested by the City. V. User Enrollment i. Permittees must comply with all relevant state and local laws regarding age requirements for use of electric-assist bicycles and electric scooters. ii. Permittees shall implement technology-based measures to verify age requirements before giving membership to users. VI. User Privacy i. Permittees must keep all financial data from users in a secure manner that complies with the Payment Card Industry Data Security Standards (PCI DSS), and accessible to authorized personal. ii. Permittees shall provide a privacy policy that complies with the California Online Privacy Protection Act (CalOPPA) that safeguards customers’ personal, financial and travel information and usage. iii. Permittees shall clearly communicate to the public and to the City what personal data will be accessed and provide an explanation why such access is needed, and for how long. VII. Insurance During the term of this pilot program, permittee, and each of its contractors and agents shall maintain in full force the following insurance amounts and coverages: i. Comprehensive General Liability in a minimum amount of two million dollars ($2,000,000) per occurrence (bodily injury and property damage) and four million dollars ($4,000,000) aggregate. The City of Palo Alto is to be named as an additional insured, including its Council members, officers, employees and agents. ii. Comprehensive Automobile Liability insurance in a minimum amount of one million dollars ($1,000,000) per occurrence. iii. Worker’s Compensation and Employer’s Liability in a minimum amount of one million dollars ($1,000,000) per occurrence (accident, injury, or illness). 2/19/2020 13 iv. Performance Bond of $80 per permitted device, in a form approved by the City Attorney. *NOT YET APPROVED* 20200218_TS_24_203 Resolution No. _____ Resolution of the Council of the City of Palo Alto Extending the Pilot Program for Bicycle and E­Scooter Sharing Systems for Up to One Year Through March 31, 2021 The Council of the City of Palo Alto RESOLVES as follows: SECTION 1. Findings and Declarations. A. On March 18, 2019, the Council of the City of Palo Alto adopted Resolution No. 9822, authorizing the City Manager to implement a pilot program to permit the operation of bicycle and electric scooter (“e­scooter”) sharing system, including stationless or “free­floating” sharing systems, for use by Palo Alto residents, workers, and visitors. B. Bicycle and e­scooter sharing programs are emerging technologies for improving mobility and first/last mile connections, as well as reducing emission and traffic congestion. C. With the emergence of stationless sharing technologies, the absence of a pilot permitting program is likely to result in cluttered and obstructed sidewalks, uneven and inequitable distribution of bicycles and e­scooters, or other threats to public health and safety. D. By contrast, a pilot program allows the City to develop permit guidelines for vendors to operate within the City of Palo Alto in a way that is most responsive to the needs of Palo Alto residents, workers, and visitors. E. No permits have been issued to­date. Several bicycle and e­scooter sharing systems operators have expressed an interest in participating in the one­year pilot program authorized by Resolution No. 9822. F. The extension of the one­year pilot program will allow the City to consider and process applications that may be submitted, and collect and analyze data and assess the quality of various service providers. SECTION 2. Pilot Program Regulations. A. The City Manager or his designee is hereby authorized to adopt, and from time to time amend, regulations governing the operation of bicycle and e­scooter sharing systems within the City of Palo Alto. Such regulations shall address, at a minimum, the following topics: 1. Bicycle and e­scooter safety; 2. Bicycle and e­scooter fleet deployment, including the total number of bicycles *NOT YET APPROVED* 20200218_TS_24_203 and e­scooters permitted as well as their distribution throughout the City, in order to avoid nuisances or unwanted encroachments into the public right of way; 3. Permitted areas for bicycle and e­scooter parking; and 4. Additional measures to ensure efficient and effective deployment of bicycle and e­scooter sharing systems in the City. B. Any violation of regulations adopted pursuant to this section by a bicycle or e­scooter sharing system operator may result in revocation of any permit issued to the operator pursuant to the pilot program. C. The pilot program authorized by Resolution No. 9822 and extended by this resolution shall terminate upon the earlier of March 31, 2021 or the adoption of an ordinance regulating bicycle and e­scooter sharing systems by the Palo Alto City Council. // // // // // // // // // // // // // // *NOT YET APPROVED* 20200218_TS_24_203 SECTION 3. Environmental Review. The Council finds that the adoption of this resolution is exempt from review under the California Environmental Quality Act because it can be seen with certainty that there is no possibility of a significant effect on the environment as a result of the Bicycle and E­Scooter Sharing System pilot program. SECTION 4. This resolution shall be effective immediately upon City Council approval. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: __________________________ _____________________________ Deputy City Attorney City Manager _____________________________ Chief Transportation Official _____________________________ Director of Public Works