SR 04-27-2021 7B 506-003-10-03 / 510-023
City Council Report
City Council Meeting: April 27, 2021
Agenda Item: 7.B
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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
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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
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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
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Prepared By: Kyle Kozar, Bike Share Coordinator
Approved
Forwarded to Council
Attachments:
A. Proposed Ordinance
B. Written Comments
7.B
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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)
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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)
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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)
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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)
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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
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7.B.b
Packet Pg. 1104 Attachment: Written Comments (4527 : Extend Remote Controlled Delivery Vehicle Service Area Citywide)
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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
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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
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Packet Pg. 1106 Attachment: Written Comments (4527 : Extend Remote Controlled Delivery Vehicle Service Area Citywide)
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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
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Packet Pg. 1107 Attachment: Written Comments (4527 : Extend Remote Controlled Delivery Vehicle Service Area Citywide)