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SR 04-27-2021 7B 506-003-10-03 / 510-023 City Council Report City Council Meeting: April 27, 2021 Agenda Item: 7.B 1 of 4 To: Mayor and City Council From: Edward F King, Director, Mobility (DOT) Subject: Introduction and Adoption of an Ordinance Amending the Remotely Controlled Delivery Device Ordinance to allow remotely controlled devices participating in the Zero Emission Delivery Zone program to serve businesses citywide Recommended Action Staff recommends that the City Council introduce and adopt the attached ordinance amending Santa Monica Municipal Code Section 3.12.1055 to allow remotely controlled devices participating in the Zero Emission Delivery Zone (ZEDZ) program to operate citywide. Summary On October 27, 2020, Council adopted an emergency ordinance to establish a one-year moratorium on the deployment and operation of autonomous delivery devices on City sidewalks and pedestrian paths of travel in order to allow staff time to develop a regulatory framework for such delivery services. The ordinance allows the operation of remotely controlled delivery vehicles within the Zero Emission Delivery Zone (ZEDZ), so long as operators are accepted into the ZEDZ pilot program. This item follows the April 13, 2021 request of Mayor Pro Tempore McCowan and Councilmember Davis directing staff to return on April 27, 2021 with an amendment to the remotely controlled delivery device ordinance to allow remotely controlled delivery device operators participating in the ZEDZ pilot program to operate citywide. Speed limits, weight limits and other requirements that apply within the ZEDZ would apply citywide. Discussion 7.B Packet Pg. 1096 2 of 4 The City of Santa Monica was selected by the Los Angeles Cleantech Incubator (LACI) to participate in the ZEDZ pilot program in April 2020. This pilot program was designed by the Transportation Electrification Partnership (TEP) to create a scalable model for electrifying light- and medium-duty deliveries in urban areas, and testing various zero emission delivery technologies and supporting infrastructure. The pilot program aligns with the City’s goal to reduce pollution and congestion from the transportation sector, as well as reduce greenhouse gas emissions as outlined in the Council-adopted Climate Action & Adaptation Plan and EV Action Plan. One delivery technology operating in the pilot program are small electric delivery robots, which are remotely controlled by a human pilot, and primarily service food and grocery deliveries. There are currently three remotely controlled delivery device companies that are authorized to operate as part of the ZEDZ: Coco, Kiwibot, and Tortoise. These companies tend to charge lower delivery fees than traditional third-party delivery companies, which enable businesses to retain higher revenues from customer orders. Adoption of this amendment would enable all three companies to serve businesses and customers anywhere in the City. The devices operate on the sidewalk at a maximum speed of 5 mph. The following operational requirements adopted in the original ordinance shall apply: 1. Non-prohibited devices shall yield the right of way to pedestrians and bicycles; 2. Non-prohibited devices shall obey all signs and signals governing traffic and pedestrians; 3. Non-prohibited devices shall not interfere with the maintenance of paths of travel for persons with disabilities; 4. Non-prohibited devices may not transport waste or hazardous materials (including flammables or ammunition); 5. Non-prohibited devices shall be equipped with headlights that operate at night, sunrise, and sunset; 6. Each non-prohibited device shall bear, in markings of a size sufficient to be clearly legible to passing vehicles and pedestrians, a unique identifier for the device together with the name and contact information of the device’s operator. 7.B Packet Pg. 1097 3 of 4 Figure 1: Santa Monica Zero-Emissions Delivery Zone Boundary The zone extends to the southern border of the City, east to Lincoln, north to Wilshire, and west to Nielson Way. Staff plans to develop a proposed permit process for autonomous delivery devices that, upon approval by Council, could be implemented once the one-year moratorium implemented by the emergency ordinance comes to an end. The pilot program date has been modified so that it currently extends beyond the ordinance’s one-year moratorium. Staff may return at a later date to seek an extension of the moratorium to coincide with the anticipated end date of the ZEDZ pilot program. Past Council Actions Meeting Date Description 10/27/20 (attachment A) Adopted Emergency Ordinance to establish a moratorium on autonomous delivery vehicles 4/13/21 (attachment B) Council request to amend emergency ordinance Financial Impacts and Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended action. Staff will return to Council if specific budget actions are required in the future. 7.B Packet Pg. 1098 4 of 4 Prepared By: Kyle Kozar, Bike Share Coordinator Approved Forwarded to Council Attachments: A. Proposed Ordinance B. Written Comments 7.B Packet Pg. 1099 1 City Council Meeting: April 27, 2021 Santa Monica, California ORDINANCE NUMBER _________ (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 3.12.1055 TO ALLOW THE CITYWIDE OPERATION OF REMOTE-CONTROLLED DELIVERY DEVICES BY OPERATORS PARTICIPATING IN THE ZERO EMISSIONS DELIVERY ZONE PILOT PROGRAM WHEREAS, on October 27, 2020, the Santa Monica City Council (Council) adopted emergency ordinance 2656 (CCS) creating Santa Monica Municipal Code (SMMC) Section 3.12.1005, which establishes a one-year moratorium, through October 28, 2021, on the deployment and operation of autonomous delivery devices on City sidewalks and pedestrian paths of travel to allow staff time to develop a regulatory framework for such delivery services; and WHEREAS, SMMC Section 3.12.1055 also imposes, through October 28, 2021, a moratorium on the deployment and operation on City sidewalks and pedestrian paths of travel of remotely controlled deliver devices, with the exception that it allows the operation of remotely controlled delivery vehicles within the Zero Emission Delivery Zone (ZEDZ), so long as operators are participating in the ZEDZ pilot program; and WHEREAS, Council now desires to amend SMMC Section 3.12.1055 to allow remotely controlled device operators participating in the ZEDZ pilot program to operate 7.B.a Packet Pg. 1100 Attachment: Proposed Ordinance (4527 : Extend Remote Controlled Delivery Vehicle Service Area Citywide) 2 citywide and authorize speed limits, weight limits and other requirements that apply within the ZEDZ to apply citywide. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Santa Monica Municipal Code Section 3.12.1055 is hereby amended as follows: 3.12.1055 Autonomous and Remotely Controlled Delivery Vehicles or Devices Beginning on October 28, 2020 and ending on October 28, 2021, no person shall deploy or operate an autonomous delivery vehicle or device on City sidewalks or pedestrian paths of travel. For purposes of this section, “Autonomous delivery vehicle or device” means a motorized vehicle or device used to transport items, products, or any other materials on City sidewalks or pedestrian paths of travel for commercial purposes, and guided or controlled without a human operator, whether while sitting or standing upon the device or remotely, actively, and physically controlling the movements of the vehicle or device. For purposes of this section, “Remotely controlled delivery vehicle or device” means a motorized vehicle or device used to transport items, products, or any other materials on City sidewalks or pedestrian paths of travel for commercial purposes that is guided and controlled with a human operator, whether while sitting or standing upon the device or remotely, actively, and physically controlling the movements of the vehicle or device. Beginning January 1, 2021, or at such time as the pilot program referenced below commences, and ending on October 28, 2021, no person shall deploy or operate a remotely controlled delivery vehicle or device on City sidewalks or pedestrian paths of 7.B.a Packet Pg. 1101 Attachment: Proposed Ordinance (4527 : Extend Remote Controlled Delivery Vehicle Service Area Citywide) 3 travel remotely controlled delivery vehicle or device other than as part of the pilot program being overseen in Santa Monica by Los Angeles Cleantech Incubator (‘LACI”) on those City sidewalks or pedestrian paths of travel within the voluntary zero emissions delivery zone as defined for purposes of that pilot program. All operations of autonomous or remotely controlled delivery vehicles or devices that are not prohibited by this section (“non-prohibited devices”) shall comply with all requirements, including insurance and indemnification requirements, imposed as conditions of the grant to the operator of a required Santa Monica business license, as well as all of the following operational requirements: (1) non-prohibited devices shall yield the right of way to pedestrians and bicycles; (2) non-prohibited devices shall obey all signs and signals governing traffic and pedestrians; (3) non-prohibited devices shall not interfere with the maintenance of paths of travel for persons with disabilities; (4) non-prohibited devices may not transport waste or hazardous materials (including flammables or ammunition); (5) non-prohibited devices shall be equipped with headlights that operate at night, sunrise, and sunset; (6) each non- prohibited device shall bear, in markings of a size sufficient to be clearly legible to passing vehicles and pedestrians, a unique identifier for the device together with the name and contact information of the device’s operator. Section 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. Section 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any 7.B.a Packet Pg. 1102 Attachment: Proposed Ordinance (4527 : Extend Remote Controlled Delivery Vehicle Service Area Citywide) 4 court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. Section 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall take effect 30 days from its adoption. APPROVED AS TO FORM: _________________________ GEORGE S. CARDONA Interim City Attorney   7.B.a Packet Pg. 1103 Attachment: Proposed Ordinance (4527 : Extend Remote Controlled Delivery Vehicle Service Area Citywide) 1 Vernice Hankins From:Logan Doub <ldoub@truefoodkitchen.com> Sent:Sunday, April 25, 2021 11:17 AM To:Sue Himmelrich; Kristin McCowan; Phil Brock; Gleam Davis; Oscar de la Torre; Councilmember Kevin McKeown; Christine Parra; councilmtgitems; Lane Dilg Subject:Support for Item 7-B Delivery Zone Expansion Follow Up Flag:Follow up Flag Status:Flagged EXTERNAL  Dear Council Members,  As a general manager of a restaurant with multiple locations, I know how burdensome the cost of our delivery options can be. At  True Food, we are excited  to have partnered with Coco. We would love to have the opportunity to bring this more affordable option  to our restaurants located outside of Main Street and Downtown.   As a Santa Monica resident, I also appreciate how these short distance delivery services help connect local customers to local  businesses. This is exactly the kind of “Buy Local”‐focused solutions we need as we come out of the pandemic period.   Please vote yes on Item 13 ‐ C.  Logan Doub General Manager 395 Santa Monica Place Ste 172 Santa Monica, CA | 90401 P: 310.593.8300 E: ldoub@truefoodkitchen.com TrueFoodKitchen.com Our Mission: To bring people together to eat better, feel better, and celebrate a passion for better living. CONFIDENTIAL NOTICE: The information in this electronic mail transmission contains confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of the transmission is strictly prohibited. Logan Doub General Manager Our Mission: To bring people together to eat better, feel better, and celebrate a passion for better living. Item 7.B 04/27/21 1 of 4 Item 7.B 04/27/21 7.B.b Packet Pg. 1104 Attachment: Written Comments (4527 : Extend Remote Controlled Delivery Vehicle Service Area Citywide) 1 Vernice Hankins From:Maggie Silver <margaretlaney@gmail.com> Sent:Monday, April 26, 2021 5:00 PM To:Sue Himmelrich; Kristin McCowan; Phil Brock; Gleam Davis; Oscar de la Torre; Councilmember Kevin McKeown; Christine Parra; councilmtgitems; Lane Dilg Subject:Support for Item 7-B : Delivery Zone Expansion EXTERNAL    Dear Mayor Himmelrich and Councilmembers,    I wanted to reach out because I am a huge fan of personal delivery service Coco. My 2.5 year old daughter is just  enchanted with the "robot friend" who delivers some of our sundries to us in the Ozone Park area.    Not only do we love the brand and company (and use it all the time), but really believe it is a cutting‐edge way of  thinking about job creation in the food delivery era.    We'd love to see the service expanded ‐ I just got word that this is going to be on the docket soon at your council  meeting and wanted to voice my support in voting "yes" on 7B.    Thank you,    Maggie Silver  722 Marine St  Santa Monica, CA 90405  Item 7.B 04/27/21 2 of 4 Item 7.B 04/27/21 7.B.b Packet Pg. 1105 Attachment: Written Comments (4527 : Extend Remote Controlled Delivery Vehicle Service Area Citywide) Dear Mayor Himmelrich and City Councilmembers, On behalf of the Main Street Merchants Association, we are writing in SUPPORT of item 7-B. We’re thrilled to be participating in the Zero Emissions Delivery Zone in concert with LACI, and we believe that autonomous delivery should be available to all Santa Monica businesses and residents. The current paradigm of 3rd party food delivery is crushing restaurants and retailers, and robot delivery like COCO promises a better solution: cheaper, faster, greener. Please vote "yes" on item 7-B, and allow restaurants anywhere in the city to have access to this more affordable and sustainable delivery service. Thank you, Hunter G. Hall Executive Director Main Street Business Improvement Association 314.323.4663 hunter@mainstreetsm.com Item 7.B 04/27/21 3 of 4 Item 7.B 04/27/21 7.B.b Packet Pg. 1106 Attachment: Written Comments (4527 : Extend Remote Controlled Delivery Vehicle Service Area Citywide) 1 Vernice Hankins From:Zach Rash <zach@cocodelivery.com> Sent:Tuesday, April 27, 2021 1:40 PM To:Sue Himmelrich; Kristin McCowan; Phil Brock; Gleam Davis; Oscar de la Torre; Councilmember Kevin McKeown; Christine Parra; councilmtgitems; Lane Dilg Subject:Item 7B: Remotely Piloted Vehicles Service Area EXTERNAL    Dear Mayor Himmelrich and City Councilmembers,      Thank you again for considering the expansion of the operational zone for remotely-piloted vehicle delivery. Below, I am resending my email from your previous hearing, so that it will be part of your agenda packet Tuesday night. It has been updated to reflect the new agenda item.    Coco strongly supports Item 7-B on your agenda. Since we were given approval to operate in Santa Monica in October we have completed thousands of local deliveries without any major problems or complaints. Restaurants have found us especially useful during COVID, as we provide a more affordable local delivery solution (often less than half the cost of car-based delivery companies). Residents appreciate us because we provide contact-free and sustainable deliveries, giving comfort to those worried about COVID exposure and reducing the number of delivery cars double parked in our bike lanes and polluting our air. Our free delivery program during the pandemic for both seniors and healthcare workers has also been very popular.    When the city discussed remotely-piloted delivery vehicles last year, the two key concerns were ensuring that there would not be a flood of different operators in the city and that there would be a vetting process. The city wisely decided to use the Zero Emission Delivery Zone (ZEDZ) program that was already in development as the application process for interested operators. The ZEDZ program launched in February and we are thrilled to be a partner in this innovative and important program. Our one current challenge, based on the way the original ordinance was written in October, is that restaurants outside of the Downtown and Main Street area are not able to use our service. We are now hearing from restaurants all over town that are interested in partnering with us. We would love to bring our service to them and help our community with the post- pandemic economic recovery. Please vote “yes” on Item 7-B, and amend the ordinance to allow operators approved to participate in the ZEDZ program to serve any business in Santa Monica, regardless of its location.      Thank you,    Zach Rash  Co‐founder & CEO | Coco  www.cocodelivery.com  Item 7.B 04/27/21 4 of 4 Item 7.B 04/27/21 7.B.b Packet Pg. 1107 Attachment: Written Comments (4527 : Extend Remote Controlled Delivery Vehicle Service Area Citywide)