SR 11-15-2022 10B
City Council
Report
City Council Meeting: November 15, 2022
Agenda Item: 10.B
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To: Mayor and City Council
From: Edward F King, Director, Mobility (DOT)
Subject: Zero Emission Delivery Zone Pilot Program Lessons Learned; Introduction of
First Reading of an Ordinance amending Santa Monica Municipal Code
Section 3.12.1055 to Authorize the Use of Remote-Controlled Robotic
Personal Delivery Devices; Adoption of an Emergency Ordinance to Extend
the Moratorium on the Operation of Autonomous Robotic Delivery Devices
through January 30, 2023, and Authorize the City Manager to Negotiate and
Execute a Contract Extension with Automotus to continue Curb Management
Services
Recommended Action
Staff recommends that the City Council:
1. Introduce for first reading an ordinance amending Santa Monica Municipal Code
Section 3.12.1055 to authorize the operation of remote-controlled personal
delivery devices (PDDs) and prohibit the operation of autonomous delivery
devices; and
2. Adopt an emergency ordinance extending the moratorium prohibiting the
operation of autonomous delivery devices through January 30, 2023;
3. Adopt a finding of Exemption pursuant to 15061(b)(3) (Common Sense
Exemption) and 15301 (Existing Facilities) of the California Environmental
Quality Act (CEQA) Guidelines; and
4. Authorize the City Manager to execute a second modification to the agreement
with Automotus to extend an existing license agreement and software as a
service (SaaS) agreement through December 31, 2024, to allow for continued
study of curb management via Automotus curbside cameras. There are no costs
associated with this agreement.
Summary
The City of Santa Monica, in partnership with the Los Angeles Cleantech Incubator
(LACI), launched the Zero Emission Delivery Zone (ZEDZ) pilot program in February
2021. This pilot, which will be ending in December 2022, aims to reduce emissions from
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delivery vehicles by encouraging the use of zero-emission light- and medium-duty
vehicles for deliveries in Downtown Santa Monica and Ocean Park. Electric cargo vans
and low-speed electric shuttles, e-scooters and cargo bikes, and remote-controlled
personal delivery devices (PDDs) have been among the delivery technologies tested as
part of the pilot.
The City has benefited from this pilot in multiple ways. City staff has gained actionable
knowledge of the incentive structures that motivate sustainable last-mile delivery
companies, the delivery companies themselves have been given resources to develop
and expand their operations, new delivery technology has been tested and brought
under City regulation, and the City has begun gathering and processing curb data that
promises to facilitate safe, more comfortable, and prosperous streets.
To maintain and extend these benefits, staff have three recommendations.
1. The ZEDZ pilot has provided for official regulation of PDDs, coinciding with a
moratorium on fully autonomous sidewalk delivery devices. With both this
moratorium and the pilot phase of PDDs coming to an end on December 31,
2022, staff recommends adopting the attached ordinance to replace the existing
moratorium on fully autonomous sidewalk delivery devices with an indefinite
prohibition, and to codify regulations on the operation of human-piloted PDDs.
2. Since the above ordinance would not have its second reading until December 6,
and therefore its 30-day window to take effect would extend past the existing
moratorium’s end date of December 31, 2022, staff recommends adopting an
emergency ordinance that extends this moratorium through January 31, 2022.
3. As part of the pilot, the City entered into a license agreement and a Software as
a Service (SaaS) agreement with Automotus to authorize the installation of video
cameras on streetlight poles to monitor the use of ZEDZ loading spaces and
share the resulting curbside data with City staff at zero cost to the city. As with
PDD regulations, the license and SaaS agreements with Automotus will expire
on December 31, 2022, unless extended. Staff recommends this extension to
facilitate the productive use of curb data going forward, and to provide data to an
ongoing study of sustainable last-mile delivery being conducted by the United
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States Department of Energy in conjunction with LACI, and the cities of Santa
Monica, Los Angeles, and Pittsburgh.
Background
Over the last decade, Santa Monica has established itself as a leader in advancing
sustainability efforts and particularly in reducing greenhouse gas (GHG) emissions. In
April 2020, the City of Santa Monica partnered with LACI to be the host community for
the ZEDZ pilot program. This pilot program was designed by the Transportation
Electrification Partnership (TEP), a collaborative public/private membership organization
of which Santa Monica is a member. The goal of the pilot program is to create a
scalable model for promoting the electrification of light- and medium-sized parcel
deliveries in urban areas and to test various zero-emission delivery technologies and
supporting infrastructure. This mission aligns with the City’s goals to reduce pollution
and congestion from the transportation sector and to reduce GHG emissions more
broadly, as outlined in the City’s EV Action Plan (2017) and Climate Action and
Adaptation Plan (2019).
The ZEDZ focus geography is a one-square-mile area encompassing Downtown Santa
Monica, Main Street, and the Ocean Park neighborhood. In administering the program,
LACI and the City have partnered with thirteen companies across the delivery,
technology, and data analytics sectors to evaluate a wide range of urban delivery
solutions in the ZEDZ area, including small and large electric vans/trucks, an EV truck
rental platform, e-cargo bikes, e-scooters, and curb management technologies. The
anticipated outcomes of the ZEDZ pilot program were:
• To Provide Local Benefits – The ZEDZ has aimed to support local businesses
by making it easier for them to send and receive goods. It has also aimed to
reduce congestion and emissions and to improve safety issues like double
parking, blocked bike lanes, and illegal vehicle maneuvers through better curb
management around practices.
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• To Define Policy – Through a better understanding of sustainable delivery
practices and curbside behavior, the ZEDZ has sought to inform regulations and
policy around the adoption of sustainable delivery technology and operations by
private partners and the improvement of curbside management by the City.
• To Demonstrate Replicability/Scalability – The ZEDZ seeks to provide a
framework for other cities and companies to follow in advancing new delivery
systems and technologies to make urban freight delivery more sustainable.
The ZEDZ has also assisted the City in adopting the nascent technology of remote-
control personal delivery devices (PDDs). PDDs began operation in Santa Monica in the
summer of 2020. At the time, nothing in the City code explicitly regulated these types of
devices. To better understand the opportunities and challenges of PDDs and to begin
testing a regulatory framework for their operation, the City Council directed staff on
October 27, 2020 (Attachments A and C) to include PDDs as technology to be tested in
the pilot program. At the same time, Council placed a moratorium on autonomously
operated delivery devices, requiring a human operator to be always in control of PDDs
due to safety concerns. The moratorium and LACI’s oversight of human-operated PDDs
will expire on December 31, 2022.
The pilot program has included eleven EV-only curbside loading zones in Downtown
Santa Monica and Main Street that provide priority curb access to electric vehicles, as
well as three “control” loading zones with no priority EV access but for which curb data
was also collected. On February 9, 2021 (Attachment B), Council authorized the City to
enter into license and SaaS agreements with Los Angeles-based company Automotus
to monitor utilization/vehicle activity around the zones to better understand the growing
demand for the curbside, improve safety, reduce behaviors like double parking and
blocking bike lanes, and make the curb work efficiently for as many users as possible.
The ZEDZ pilot program officially launched in January 2021. After a slow start due to
the pandemic, staff updated the Council on the progress of the pilot on September 14,
2021 (Attachment D). At that meeting, Council authorized a 12-month extension of the
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program from its initial conclusion date of December 31, 2021. This included an
extension of the autonomous PDD moratorium and the license and SaaS agreements
with Automotus, thus allowing more time to better understand delivery practices and
curbside behavior and to better prepare for the next phase of PDD regulation.
Past Council Actions
Meeting Date Description
10/27/20
(Attachment A)
Adopted Emergency Ordinance to establish a moratorium on
autonomous delivery vehicles
2/9/2021
(Attachment B)
Authorized the City Manager to execute a license agreement with
Automotus Corporation
4/13/21
(Attachment C)
Requested to amend Emergency Ordinance to allow remotely
controlled delivery vehicles to operate citywide
9/14/2021
(Attachment D)
Authorized the City Manager to execute an amendment to the
MOU between LACI and the City to extend the ZEDZ through
December 31, 2022
Discussion
The ZEDZ pilot program will officially end on December 31, 2022, when the
memorandum of understanding between the City and LACI expires. The program has
provided an opportunity for several delivery and logistics companies to establish the
foundations and partnerships needed to advance zero-emission delivery solutions. It
has also provided the City insight into how delivery operations respond to different
incentives, how local businesses can benefit through improved delivery operations, and
how the City can gather curbside data to improve curb-related policy and enforcement.
LACI will complete a summary report in early 2023 that will provide a fuller assessment
of program outcomes and lessons learned and will disseminate these widely to further
expand EV adoption and sustainable practice within the delivery sector. In the
meantime, City staff have drawn a set of preliminary findings from the pilot, based on 18
months of operations, a review of program data, and interviews with delivery and
technology program partners.
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Micromobility Food and Parcel Delivery
This aspect of the ZEDZ included partnerships with last-mile freight delivery firms that
used a host of sustainable transportation modes, ranging from cargo e-bikes to light
electric trucks to deliver parcels to businesses and residents. It also included the EV
delivery operations of a big box retailer, as well as the PDDs, which made deliveries
from local businesses (primarily restaurants) to nearby City residents. Staff has drawn
the following conclusions from this portion of the pilot:
• Micromobility (e.g., e-cargo bike) deliverers found Santa Monica’s infrastructure
to be conducive to operations throughout the ZEDZ area.
• Operators were divided over the importance of direct logistical support from LACI
and the City. Some identified space for delivery microhubs and staging areas to
be key areas for potential support. Others considered this the primary purview of
logistics firms and instead argued that the City could better facilitate green
delivery through other policy levers, such as bolstered delivery requirements and
additional permissions for lightweight delivery vehicles.
• In the absence of enforcement, operators did not find EV-only loading zones to
be a major incentive. City staff is not currently authorized to enforce EV-only
zones; a proposed ordinance slated to go before Council in January 2023 would,
among other things, allow for such enforcement. They did voice approval for the
role of these zones as signaling mechanisms, however, and advocated for their
wider deployment.
• PDDs imposed little burden on the public, staying out of the public right-of-way
when not in use, yielding to pedestrians when conducting deliveries, and
generating few incidents.
• The overall volume of operations was modest in the context of all City transport,
on the order of approximately 1,000 deliveries per month for last-mile parcel
deliveries, as well as another 1,000 deliveries per month for PDDs. The result is
still a significant displacement of otherwise polluting delivery vehicles
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Curb Management
Curb functions once limited to parking, loading, and public transit have expanded to
include shared mobility zones, parklets, bike lanes, shuttles, and rideshare pickup and
drop-off, among other uses. Commercial loading needs have also drastically changed in
recent years with an increase in deliveries caused by online shopping and app-based
food delivery. The pilot addressed this growing area of concern through the
implementation of 11 EV-only loading zones, as well as through a partnership with
Automotus to gather and analyze data surrounding the use of these zones. From these
activities, staff has drawn the following conclusions:
• As mentioned above, unenforced EV-only zones provided little direct incentive for
delivery operations to change vehicle types. As such, relatively little EV use could
be detected in these zones.
• City staff gained insight and valuable experience in the logistical hurdles of
deploying curbside camera technology, understanding the types of data that it
can provide, and understanding how those data can feed into refined curbside
policy and enforcement.
• Staff and research partners have developed an initial platform from which further
study of curb improvements can be launched, both concerning the technology
needed for such study, as well as how a more effective study could be designed.
Through camera-based curbside data collection, City staff can address broader issues
of roadway safety and comfort, making commercial corridors more inviting spaces for
active transportation and reducing congestion. In an example of how these data might
be applied, staff can identify specific times and locations where double-parking
infractions are especially common, which would then allow them to identify the root
causes of these hazards and better address them through policy, infrastructure, or
targeted enforcement. Figure 1 shows the total number of double-parking incidents from
July through August 2022 by hour of day for weekdays and weekends across six
Automotus camera locations along Main Street. These findings, while preliminary, point
toward more effective future approaches to curb management.
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Figure 1: Camera-identified double-parking incidents in ZEDZ locations
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Next Steps
PDD Ordinance
Throughout the ZEDZ pilot program, remote-controlled PDDs have offered a net benefit
to Santa Monica residents and businesses, providing efficient and sustainable delivery,
and imposing little cost to the public. As such, staff recommends that Council approve
the attached ordinance, which would 1) allow remote-controlled PDDs to continue
operations through the City; 2) replace the existing moratorium on fully autonomous
PDDs with an indefinite prohibition, given the concern over safety and the vetting of
devices; and 3) build on existing regulations to ensure safe and orderly PDD operations.
(One important point to note concerning the prohibition of autonomous PDDs: this
prohibition would apply only to vehicles on City sidewalks; autonomous vehicles in the
roadway are subject to state regulation and would not be impacted.) Table 1 provides a
summary of terms in the ordinance aimed at this last goal.
Table 1: Summary of PDD Ordinance Terms
Ordinance Category Requirements
Vehicle Form • Must have lights and a high-visibility flag for safety
• Height, width, and weight maximums to avoid sidewalk
hazards and obstruction
• Must have a unique identifier and 24/7 contact
information legibly displayed on the PDD
Operations • No fully autonomous delivery
• Must obey all traffic laws and yield to pedestrians
• Must not be stored, idled, or roving in the public right-of-
way when not on a delivery
• Must not exceed 5 mph
• Must report any incidents to City within 24 hours
• Must maintain appropriate insurance and indemnification
• Must transmit aggregated data reports to City for
planning and regulation purposes
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Automotus Cameras
Given the substantial benefits of camera-based curbside behavior data for delivery
operations and otherwise, staff recommends that the council approve extensions of the
SaaS and license agreements with Automotus through December 31, 2024. This
extension will provide staff with the opportunity to continue working with curb data that
has many actionable applications for making City streets safe, more inviting, and more
supportive of the community. It will further provide staff with the experience needed to
strategize the broader implementation of useful curbside technology and facilitate the
ongoing study of sustainable curb management as part of the Department of Energy
grant. It will also continue the privacy protections enshrined in the current agreement
with Automotus, protecting personally identifying information, and preventing the resale
or other misuse of community data. Specifically, video from Automotus cameras will not
be permanently stored, all personally identifiable information will be scrubbed from any
data before it is saved, and the City will retain ownership of all data. Additionally, while
information from the cameras may help inform City enforcement of the curb, video will
not be directly accessible by the Santa Monica Police Department.
Environmental Impact Statement
CEQA, the California Environmental Quality Act, applies only to projects that have the
potential to cause a significant effect on the environment. A project is not subject to
CEQA under CEQA Guidelines Section 15061(b)(3) “where it can be seen with certainty
that there is no possibility that the activity in question may have a significant effect on
the environment.” The proposed ordinance to change the regulation of PDDs from a
pilot permit model operating under the ZEDZ pilot program to a permanent program
would not result in a physical environmental effect on the environment.
In addition, Section 15301 exempts Class 1 projects from CEQA, which include the
“operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of
existing public or private structures [or] facilities, including streets, sidewalks, bicycle,
and pedestrian trails, and similar facilities.” The project consists of the regulation of
shared mobility devices within the public right of way because it consists of alternate
operation (and permitting) of public streets, sidewalks, and similar facilities that do not
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create additional automobile lanes. The PDDs are required to be operated within
existing public streets and would not necessitate the construction of new vehicle travel
lanes for operation. Therefore, the project qualifies as a Class 1 exemption.
Section 15308 also provides an exemption for Class 8 projects, which include actions
taken by regulatory agencies, as authorized by state or local ordinance, to assure the
maintenance, restoration, enhancement, or protection of the environment where the
regulatory process involves procedures for the protection of the environment. The
proposed ordinance is intended to regulate personal delivery devices for the protection
of the environment, including people. Therefore, the proposed project does not have the
potential for causing a significant effect on the environment and is categorically exempt
from CEQA review under CEQA Guideline section 15308.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary because of the
recommended actions. Staff will return to Council as part of the biennial budget process
if specific budget actions are required in the future.
Prepared By: Trevor Thomas, Transportation Planning Associate
Approved
Forwarded to Council
Attachments:
A. 3.23 RemotelyControlledPDDOrdinance 11.15.2022 FINAL
B. 3.23_EmergencyOrdinance
ExtendingAutonomousDeliveryVehicleMoratorium_11.15.2022 Final
C. Written Comment
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D. PowerPoint Presentation
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City Council Meeting: November 15, 2022 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 SECTION 3.23.1055 TO AUTHORIZE THE
DEPLOYMENT AND OPERATION OF REMOTELY CONTROLLED PERSONAL
DELIVERY VEHICLES AND DEVICES AND PROHIBIT THE OPERATION OF
AUTONOMOUS PERSONAL DELIVERY VEHICLES AND DEVICES
WHEREAS, in October 2020, in response to public safety concerns over the
national proliferation of autonomous personal delivery vehicles and devices operating on
sidewalks and pedestrian paths of travel, the City adopted a moratorium which prohibited
the deployment and operation of autonomous personal delivery vehicles and devices;
and
WHEREAS, at that time, the City allowed the deployment and operation of
remotely controlled personal delivery vehicles and devices, so long as operators
participated in the Zero Emission Delivery Zone (ZEDZ) pilot program between the City
and the Los Angeles Cleantech Incubator; and
WHEREAS, on December 31, 2022, the ZEDZ pilot program will end, and the City
desires to continue allowing the deployment and operation of remotely controlled personal
delivery vehicles and devices, subject to rules and regulations drafted by City staff; and
WHEREAS, for the same public safety concerns described in the October 2020
emergency ordinance, the City also desires to adopt a permanent prohibition on
deployment and operation of autonomous personal delivery vehicles and devices
operating on City sidewalks and pedestrian paths of travel.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 3.23.1055 of the Santa Monica Municipal Code is hereby
amended as follows:
3.23.1055 Autonomous and remotely controlled personal delivery vehicles or
devices.
(a) At no time shall a person deploy or operate, or cause to be deployed or operated,
an autonomous personal delivery vehicle or device, or a semi-autonomous
personal delivery vehicle or device, on City sidewalks or pedestrian paths of travel.
(b) For purposes of this Section:
(1) “Autonomous personal 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.
(2) “Semi-autonomous personal 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,
where vehicle or device operation technology is a combination of hardware
and software, remote and/or on-board, and performs the dynamic piloting
task.
(b) A person may deploy and operate, or cause to be deployed and operated, a
remotely controlled personal delivery vehicle or device to transport items, products,
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or any other materials on City sidewalks or pedestrian paths of travel for
commercial purposes. All operations of remotely controlled personal delivery
vehicles or 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 other rules and
regulations pertaining to the deployment and operation of a remotely controlled
personal delivery vehicle or device.
(c) The City Manager, or designee, is authorized to adopt rules and regulations
consistent with, and necessary to, implement this Section. Such rules and
regulations may include, but are not limited to, provisions governing: (1)
dimensions of devices and vehicles; (2) yielding of the right of way to pedestrians
and bicycles; (3) obeyance of all signs and signals governing traffic and
pedestrians; (4) non-interference with the maintenance of paths of travel for
persons with disabilities; (5) non-transport of waste or hazardous materials
(including flammables or ammunition); (6) mandatory use of headlights that
operate at night, sunrise, and sunset; and (7) 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.
Such rules and regulations shall be filed in the office of the City Clerk where they
shall be made available for inspection by the public. Violations of rules and
regulations issued pursuant to this Section shall constitute violations of this
Chapter, and shall subject the violator to the penalties set forth in this Chapter.
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(d) This Section shall not apply to vehicles regulated solely under the autonomous
vehicle sections of the California Vehicle Code.
Beginning on October 28, 2020 and ending on December 31, 2022, 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, 2022, no person shall deploy or operate a
remotely controlled delivery vehicle or device on City sidewalks or pedestrian paths of
travel other than as part of the pilot program being overseen in Santa Monica by Los
Angeles Cleantech Incubator (“LACI”). 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
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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; and (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
effect 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
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
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newspaper within 15 days after its adoption. This Ordinance shall become effective thirty
days after adoption.
APPROVED AS TO FORM:
_________________________
DOUGLAS SLOAN
City Attorney
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City Council Meeting: November 15, 2022 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 3.12.1055 TO
EXTEND THE MORATORIUM ON THE DEPLOYMENT AND OPERATION OF
AUTONOMOUS DELIVERY VEHICLES OR DEVICES ON SIDEWALKS AND
PEDESTRIAN PATHS OF TRAVEL
WHEREAS, on October 27, 2020, the City Council adopted Ordinance Number
2656 (CCS), an Emergency Ordinance establishing a one-year moratorium on the
deployment and operation of autonomous delivery vehicles or devices on sidewalks and
pedestrian paths of travel; and
WHEREAS, on September 14, 2021, the City Council adopted Ordinance Number
2683 (CCS), extending the moratorium to December 31, 2022; and
WHEREAS, the proliferation around the country of delivery services using
driverless, electrified vehicles devices appears to be part of a broader trend of
partnerships between robotics firms and goods retailers to deliver goods from a hub to
private property via public rights of way; and
WHEREAS, in cities where autonomous delivery vehicles or devices are currently
in use, such use has been permitted after extensive consideration, granted on a trial
basis, and only after operators agree to various requirements with the aim of evaluating
and regulating important areas such as direct human supervision of the delivery vehicles
or devices, limitations on speed, limitations on types of infrastructure on which vehicles
or devices may operate, compliance with the Americans with Disabilities Act, limitations
on operation in high-risk corridors, limitations on the number of operating vehicles or
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devices, requirements for liability coverage, requirements for operational data
disclosures, operation in low visibility weather, and interactions with surroundings and
terrain; and
WHEREAS, deployment and operation of autonomous delivery vehicles in the City
by one company eliciting numerous complaints from members of the public that the
vehicles obstructed sidewalks and created difficulties as people attempted to navigate
around the devices; and
WHEREAS, the City has expressed public safety concerns about the unregulated
operation of autonomous delivery vehicles or devices on City sidewalks and pedestrian
paths of travel, particularly where an infinite number of companies can deploy an infinite
number of vehicles or devices, clogging City sidewalks and pedestrian paths of travel,
inundating City code enforcement officers, and create a public safety hazard; and
WHEREAS, on November 15, 2022, City Council considered on first reading an
ordinance permanently prohibiting operation and deployment of autonomous personal
delivery vehicles devices, however, the ordinance will not become effective until
approximately two weeks after the expiration of the moratorium as extended by Ordinance
Number ____; and
WHEREAS, based on the aforementioned preambles, and the staff report
accompanying this ordinance, it is necessary to adopt an emergency ordinance to extend
the moratorium until the end of January 2023, so that the moratorium does not expire
prior to the effective date of the ordinance establishing a permanent prohibition on the
deployment and operation of autonomous personal delivery vehicles and devices; and
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WHEREAS, under City of Santa Monica Charter Article VI, Section 615, any
ordinance declared by the City Council to be necessary as an emergency measure for
preserving the public peace, health or safety and containing a statement of the reasons
for its urgency, may be introduced and adopted at one and the same meeting if passed
by at least five affirmative votes; and
WHEREAS, the City Council finds and declares that the unregulated deployment
and operation of potentially infinite autonomous delivery vehicles or devices on City
sidewalks and pedestrian paths of travel will result in an immediate threat to the public
health, safety, and welfare and, as a result, the adoption of an ordinance continuing the
moratorium is necessary as both an emergency preservation and emergency
preventative measure.
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 Delivery Device or Vehicle
Beginning on October 28, 2020 and ending on January 31, 2023 December 31 ,
2022, no person shall deploy or operate an autonomous delivery device or vehicle on City
sidewalks or pedestrian paths of travel. ‘Autonomous delivery device or vehicle’ means
a motorized 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 sitting or standing upon and actively and physically controlling
the movements of the device or vehicle.
10.B.b
Packet Pg. 459 Attachment: 3.23_EmergencyOrdinance ExtendingAutonomousDeliveryVehicleMoratorium_11.15.2022 Final [Revision 1] (5299 : Zero Emission
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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
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. Pursuant to Sections 615 and 619 of the
City Charter, for the reasons stated in the recitals above, the staff report accompanying
this ordinance, oral and written testimony received by the City Council, and City Council
discussion, the City Council declares this ordinance to be necessary as an emergency
measure for preserving the public peace, health, and safety, with the result that this
ordinance shall be introduced and adopted at the same meeting and shall become
effective immediately upon its adoption.
APPROVED AS TO FORM:
_________________________
DOUGLAS SLOAN
City Attorney
10.B.b
Packet Pg. 460 Attachment: 3.23_EmergencyOrdinance ExtendingAutonomousDeliveryVehicleMoratorium_11.15.2022 Final [Revision 1] (5299 : Zero Emission
November 14, 2022
RE: Item 10-B - Zero Emission Delivery Zone Pilot Program
Dear Mayor Himmelrich, Mayor Pro Tempore McCowan, and City Councilmembers,
Coco has been thrilled to be part of Santa Monica’s Zero Emission Delivery
Zone program and we strongly support City Staff’s recommendation to adopt the
ordinance before you tonight, which will allow us to continue to provide more
affordable, sustainable, and reliable deliveries to Santa Monica local businesses.
It’s been exciting for us to support Santa Monica’s city-leading efforts to
reduce emissions. We have provided local deliveries for over 20 Santa Monica
businesses, including: Alfalfa, Ashland Hill, Bangkok West Thai, Bay City Deli, Bru’s
Wiffle, Jinya Ramen Bar, Jinky’s Cafe, Lotus Dim Sum & Dumpling House, Sweetfin
Poke, Sweet Rose Creamery, Umami Burger and more. Short distance deliveries
make up a significant portion of merchants' delivery volume and there is no
reason to have these orders carried by fossil fuel powered cars.
Since the launch of the ZEDZ in Santa Monica we have completed over ten
thousand deliveries without any serious problems. Had the same deliveries been
made by the average car, almost 15,000 lb of CO2 would have been needlessly
emitted. Restaurants have found us especially useful during these challenging
economic times, 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. Earlier this year,Fast
Company named Coco one of the 10 most innovative robotic companies –
specifically for “making robot delivery work for small businesses”. Please see the
attached article.
We look forward to our continued collaboration with City Staff and our local
business partners to help keep delivery affordable and reduce traffic and
Item 10.B 11/15/22
1 of 3 Item 10.B 11/15/22
10.B.c
Packet Pg. 461 Attachment: Written Comment (5299 : Zero Emission Delivery Zone Pilot Program Update and Follow-up Actions)
emissions in Santa Monica. Please support City Staff’s recommendation to
maintain and extend the benefits of PDDs as demonstrated through the ZEDZ
pilot program.
Thank you,
Zach Rash
CEO and Co-Founder
Coco
Item 10.B 11/15/22
2 of 3 Item 10.B 11/15/22
10.B.c
Packet Pg. 462 Attachment: Written Comment (5299 : Zero Emission Delivery Zone Pilot Program Update and Follow-up Actions)
…
Source: https://www.fastcompany.com/90724464/most-innovative-companies-robotics-2022
Item 10.B 11/15/22
3 of 3 Item 10.B 11/15/22
10.B.c
Packet Pg. 463 Attachment: Written Comment (5299 : Zero Emission Delivery Zone Pilot Program Update and Follow-up Actions)
Zero Emissions Delivery Zone Pilot Program
Trevor Thomas | Sr. Transportation Planner | SaMoDOT, Mobility Division
November 15, 2022
10.B.d
Packet Pg. 464 Attachment: PowerPoint Presentation (5299 : Zero Emission Delivery Zone Pilot Program
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Presentation Overview
•Background information & definitions
•Work done through the Zero Emission Delivery Zone (ZEDZ)
•Types of interventions
•Goals of the ZEDZ
•Program findings
•Staff Recommendations
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Packet Pg. 465 Attachment: PowerPoint Presentation (5299 : Zero Emission Delivery Zone Pilot Program
Ze ro Em ission De live ry Zone:Ba ckground Information
•Creation of EV-only loading zones
•Video-based, privacy-protected data collection around these zones
•Testing delivery technologies with program partners
•Sidewalk delivery bots (PDDs)
•Zero emission vehicles in the roadway
•Electric cargo vans
•E-cargo bikes and e-scooters
•Electric box trucks 3
10.B.d
Packet Pg. 466 Attachment: PowerPoint Presentation (5299 : Zero Emission Delivery Zone Pilot Program
Goals of the Zero Em ission De live ry Zone
•Provide local benefits
•Define sustainable delivery and curbside policy
•Demonstrate policy approaches for other cities and companies
Safety & Order
Environmental Sustainability
4
10.B.d
Packet Pg. 467 Attachment: PowerPoint Presentation (5299 : Zero Emission Delivery Zone Pilot Program
Lessons Learned
•Delivery operations displaced emissions.
•EV-only loading zones have value as signal.
•Santa Monica’s built environment is conducive to green delivery…but more could be done to facilitate delivery logistics.
•Sidewalk delivery bots are a net positive for the community.
•Curb cameras provide useful and privacy-protected data.
5
10.B.d
Packet Pg. 468 Attachment: PowerPoint Presentation (5299 : Zero Emission Delivery Zone Pilot Program
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Staff Recommendations
Move Forward with Robotic Sidewalk Delivery
•Adopt permanent ordinance permitting and regulating delivery bots
•Make permanent the ban on autonomous delivery bots
•Adopt emergency ordinance to continue moratorium on autonomous delivery until ordinance takes hold
10.B.d
Packet Pg. 469 Attachment: PowerPoint Presentation (5299 : Zero Emission Delivery Zone Pilot Program
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Staff Recommendations
Continue with Curbside Cameras
•Extend agreement with Automotus through December 31,2024
•Obtain valuable understanding of our curbs
•Maintain strong data protections currently in place
10.B.d
Packet Pg. 470 Attachment: PowerPoint Presentation (5299 : Zero Emission Delivery Zone Pilot Program
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Staff Recommendation Recap
•Adopt PDD ordinance
•Adopt emergency ordinance continuing moratorium on autonomous PDDs
•Extend agreement with Automotus
10.B.d
Packet Pg. 471 Attachment: PowerPoint Presentation (5299 : Zero Emission Delivery Zone Pilot Program