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HomeMy WebLinkAbout10-04-1995 CITY COUNCIL STAFF REPORTSSEP 29 195 05:14 CANTOR EXECUTIVE SUMMARY NO. 1 6029220208 SARATOGA CITE[ COUNCIL MEETING DATE: OCTOBER 4, 1995 ORIGINATING DEPT.: PUBLIC WORKS TO: 408 741 1132 AGENDA ITE CITY MGR.: DEPT. HEAE SUBJECT: Awards of various construlction contracts P02 At your meeting, staff will pres nt reports and recommendations concerning the award of three s parate construction contracts. They area 1. The Street Maintenance (s rry seal) program. 2. The Pavement management (pavement overlay) Program. 3. The Pierce Road Bridge Replacement (Capital Project No. 953). Bids for the Street Maintenance 21. Bids for the Pavement Mar September 27, and bids for the P September 28. Because of my absence from the off 25th, and the need to carefully ca possible to prepare the reports agenda packet. However, it is ni your agenda next Wednesday for awf construction season is nearing. J the Pierce Road Bridge, the constr must be awarded without delay if ti the onset of inclement weather. For each item at your meeting, I declaring the lowest responsil construction contract of a specif changes to awarded contracts up Council approves the various recom will begin the week of October 9. ram were opened on September rent Program were opened on e Road Bridge were opened on ce during the week of September vass all of the bids, it is not with recommendations for your pessary to have these items on cd since the end of the current a is particularly the case with ction contract for each project � work is to be completed before 11 present recommendations for e bidder, for awarding a :d amount, and for authorizing i a specified amount. If the >ndations, work on each project J SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. -2 p 1 MEETING DATE: OCTOBER 4, 1995 ORIGINATING DEPT.: PUBLIC WORKS AGENDA ITEM CITY MGR.: DEPT. HEAD: L SUBJECT: 1995 Street Maintenance (Slurry Seal) Program - Award of Construction Contract Recommended Motion(s): 1. Move to declare California Pavement Maintenance Co., Inc. of Sacramento to be the lowest responsible bidder on the project. 2. Move to award a construction contract to California Pavement Maintenance Co., Inc. in the amount of $125,975.18. 3. Move to authorize staff to execute change orders to the contract, up to $10,000. Report Summary: Sealed bids for the 1995 Street Maintenance (Slurry Seal) Program, were opened on September 19. A total of four contractors submitted bids for the work and a summary of the bids received is attached. California Pavement Maintenance Co., Inc. of Sacramento submitted the lowest bid of $125,975.18 which is 7.1% below the Engineer's Estimate of $135,631. Staff has carefully checked the bid along with the listed references and has determined that the bid is responsive to the Notice Inviting Sealed Bids dated August 30. Therefor, it is recommended that the Council declare California Pavement Maintenance Co., Inc. to be the lowest responsible bidder on the project, and award the attached construction contract to this firm in the amount of $125,975.18. Further, it is recommended that the Council authorize staff to execute change orders to the contract up to an amount of $10,000 to cover any unforeseen circumstances or quantity increases which may arise during the course of the work. Fiscal Impacts• Sufficient funding for both the recommended contract amount and change order authority is programmed in Activity 31 (Street Maintenance), Account 4510 (General Contracts), in the adopted FY 95 -96 budget. Advertising Noticing and Public Contact: Nothing additional. Consequences of Not Acting on the Recommended Motions: California Pavement Maintenance Co., Inc. will not be declared the lowest responsible bidder and a construction contract will not be awarded to that firm. The Council may make specific findings to declare another bidder to be the lowest responsible bidder, or reject all of the bids and direct staff to re -bid the entire project. However, staff does not believe that a lower bid will be obtained by re- bidding the project due to the relatively small spread between the three lowest bidders. Follow Up Actions: The contract will Notice to Proceed. and be complete by Attachments: be executed and the contractor will be issued a Work will most likely begin within two weeks the end of October. 1. Bid Summary. 2. Construction Contract. CITY OF SAFWTDdA iM STREET MAINTENANCE PROGRAM BID SUMMARY ENGINEER'S ESTIMATE ICAUF. PAVEMENT MAINT. CO.. INC. VALLEY SLURRY 0 JITEM # I ITEM DESCRIPTION I TRAFFIC CONTROL I 12 1 SLURRY SEAL I 13 1 REPAIR FAILED STREET SECTION 1 14 1 PAINT TRAFFIC STRIPE -SD •2 1 15 1 PAINT TRAFFIC STRIPE - SO ♦12 1 16 1 PAINT TRAFFIC STRIPE -SD 122 1 17. 1 PAINT TRAFFIC STRIPE-SD 124 1 Is. I PAINT TRAFFIC STRIPE -SD •2713 1 19. (PAINT TRAFFIC STRIPE -S.D. *39 1 QUANTITY I I 217.6571 3,9134 1 1.8051 1.1401 10.3951 1.1401 1001 6.6201 UNITS Ls SY SF LF LF LF LF 11 LF 11 LF 11 I I UNIT PRICE I I I N/A I 11 $0.411 TOTAL I $10.000.00 I $89,239.371 UNIT PRICE I N/A I $0.3391 TOTAL I $15,000.00 I $73,785.721 LINT PRICE I NIA I $0.3961 TOTAL I 58,000.00 I $86,192.171 LINT PRICE I N/A 1 $0.431 TOTAL I $12,188.001 $93,592.511 UNIT PRICE NIA $0.57291 I TOTAL I $10,000.00 $124.695.70 11 $5.001 $19,520.001 $4.74 1 $15.504.96 1 $6.041 $23,580.16 1 $4.951 $19.324.80 1 $5.75 1 $22,448.00 1 11 $0.251 $451.251 $0.251 $451.251 $0.101 $180.501 $0.11 1 $198.551 $0.261 $469.301 11 $0.251 $285.001 $0.251 $285.001 $0.101 $114.001 $0.11 1 $125.401 $0.261 11 $0.751 $7,796.251 $0.631 $6.548.851 $0,241 $2,494.801 $0.2651 $2.754.681 $0.661 $0.251 $285.001 $0.28 1 $319.201 $0.141 $159.601 $0.1551 $176.701 $0.28 $0.251 M.00 1 $0.315 1 $31.501 $0.141 $14.001 $0.1551 $15.501 $0.33 $0.301 $2.046.001 $0.3151 $2,148.30 1 $0.201 $1.354.001 $0.22 1 611,500.40 1 $0.33 $296.401 $6.660.701 1 $319.20 1 1 $33.001 1 $2,250.601 110. Im 112. 113. 114. 1 PAINT TRAFFIC STRIPE -S.D. 4139A I 1PAINT STOP BARS 1 1 PAINT CROSSWALKS IPAINTSTCP- PAINT -AHEAD- I 1.3601 -1 71 - - -r1 j 31 LF 11 EA 11 EA I1 EA 11 EA [ $0.301 $40.001 $408.001 $1.580.00 1 $0.3151 $68.00 1 5420.401 $2.652.00 1 $0.201 $40.001 $272.001 $1,560.00 1 $0.221 $44.001 $299.201 $11.7116.00 1 50.331 $71.50 I $448.801 $2.788.50 $100.001 5700.001 smool $1,610.001 $100.001 $700.001 5110.001 $770.001 $242.001 $20,001 $860.0o 1 -sz-016-1 S1,720.001 $22.001 swa.00 I $24.2D 1 $1.040.801 $30.501 1 $50.001 $150.001 $70.001 $210.001 $62.001 $108.001 568.201 5204.601 $66.001 $1.694.001 $1.655.501 s198.00 I 115. 116 117. lia 119 (PAINT SCHOOL- 1 [PAINT -XING- 1 PAINT 'BIKE LANE- (PAINT SLOW' 1 1 PAINT ARROWS 1 01 31 28 1 71 21 EA 11 EA 11 EA 11 EA 11 EA 11 $60.001 $40,001 $50.001 $35.001 $30.001 $480.001 $120.001 $1.400.001 5245.00 1 $60.001 $70.00 1 (50.00 1 $40.00 1 550.00 1 $50.001 $560.001 $150.001 $1,120.001 $350.001 $100.001 s000l $42.001 $35.001 546.001 $30.001 $560.001 $125.00 $1.008-00 1 5322.00 1 $60.001 $77.001 1-$I...D $39.601 $60.601 $33.001 $618.00 I_$44 51,100.00 1 $354.201 568.00 1 $66.001 0. 1 $33.001 $44.001 $44.001 $528.001 $132.001 $924.001 $308.001 $88.001 TOTAL SIM.&V.87 1 $125.975.18 1 ^ ^I $127.039.23 1 I $1N.190.54 1_1 $178.13770 CITY OF SARATOGA SANTA CLARA COUNTY, CALIFORNIA CONTRACT FOR PUBLIC WORKS CONSTRUCTION 1995 STREET MAINTENANCE PROGRAM THIS CONTRACT, made this 4th day of October, 1995, by and between the City of Saratoga, a Municipal Corporation, in Santa Clara County, California, hereinafter called the City, and California Pavement Maintenance Co., Inc. hereinafter called the Contractor. WITNESSETH: WHEREAS, the City has caused to be prepared in the manner prescribed by law, plans, specifications and other contract documents, for the work herein described and shown and has approved and adopted these contract documents, specifications and plans and has caused to be published in the manner and for the time required by law, a Notice Inviting Sealed Bids for doing the work in accordance with the terms of this Contract, and WHEREAS, the Contractor in response to said Notice has submitted to the City a sealed bid proposal accompanied by a bid guaranty in an amount not less than ten percent (10 %) of the amount bid for the construction of all of the proposed work in accordance with the terms of this Contract, and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the bids submitted and as a result has determined and declared the Contractor to be the lowest responsible bidder and has duly awarded to the Contractor a contract for all of the work and for the sum or sums named in the bid proposal and in this Contract. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: ARTICLE I. WORK TO BE DONE: That the Contractor shall provide all necessary labor, machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence and overhead expenses of whatever nature necessary to construct all of the improvements for the City of Saratoga in conformity with the plans, specifications and other contract documents and according to such instructions as may be given by the Saratoga Director of Public Works or his authorized agent. 16 ARTICLE II. CONTRACT PRICES Except as provided in Section IV B of the Specifications ( "Changes and Extra Work ") , the City shall pay the Contractor according to the prices stated in the bid proposal submitted by the Contractor, which shall include all applicable taxes, for complete performance of the work. The Contractor hereby agrees to accept such, payment as full compensation for all materials and appliances necessary to complete the work; for all loss or damage arising from the work or from action of the elements, or from any unforeseen obstruction or difficulties which may be encountered in the prosecution of the work; incurred in and in consequence of the suspension or discontinuance of the work; as hereby specified; for all liabili- ties and other insurance; for all fees or royalties or other ex- penses on account of any patent or patents; for all overhead and other expenses incident to the work and expected profits; and for well and faithfully performing and completing the work within the time frame specified in the Notice to Proceed, all according to the contract plans and specifications, the details and instructions, and the requirements of the City. ARTICLE III. PARTS OF THE CONTRACT: That the complete contract document consists of the following: 1. Notice Inviting Sealed Bids 6. Performance Bond 2. Bid Proposal 7. Labor and Material Bond 3. Bidder's Bond or Bid Guaranty 8. Plans 4. Contract for Public Works 9. Specifications Construction 10. Insurance Certificates 5. Hold Harmless Clause 11. Prevailing Wage Rate In case of any conflict between this Contract and any other part of the contract, this Contract shall be binding. IN WITNESS WHEREOF, the City has caused its corporate name to be hereunto subscribed and its corporate seal to be hereunto affixed by its City Manager and its City Clerk thereunto duly authorized and the Contractor has executed these presents the day and year hereinabove written. 17 r AWARDED BY CITY COUNCIL: Date: October 4, 1995 ATTEST: City Clerk The foregoing Contract is approved as to form this day of , 19 City Attorney 18 CITY OF SARATOGA: CONTRACTOR: By Title License No. Tax ID or SSN SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 2�%IS AGENDA ITEM: lY MEETING DATE: October 4, 1995 ORIGINATING DEPT.: Community Development p� CITY MGR. APPROVAL 1 SUBJECT: Draft Ordinance Establishing Interim Standards for Placement of Temporary A -Frame Type Signs and Suspending for a Period of Time Certain Current Sign Ordinance Provisions. Recommended Motion: Accept the Planning Commission recommendation and introduce the Ordinance, waiving reading in full. Report Summar In November of 1994, the City Council directed the Planning Commission to embark upon a study of existing City sign regulations. Subsequently, staff developed a detailed list of problem areas including political signs, special event signs, open house signs, signs on major arterial streets, antiquated sign programs, window signs and neon signs. Staff presented a report (attached) to the Commission at the March study session which highlighted a number of options and suggestions for possible solutions to the identified problems. The Commission considered these issues further at the April and May study sessions. Individuals representing the Saratoga Chamber of Commerce and the Village merchants were active participants in these proceedings. At their regular July 12 meeting (minutes attached) , the Planning Commission forwarded a recommendation to the City Council to adopt a new interim ordinance for the placement of temporary A -frame type signs. This ordinance establishes regulations for the placement of temporary A- frame signs, including restrictions on number, location, size and duration. This ordinance does not apply to the Village area. A draft ordinance amendment is attached for City Council review. Environmental Documentation: The draft ordinance has been determined to be categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under Class 4e - minor temporary use of land having negligible or no permanent effect on the environment and Class 11 - placement of minor temporary structures accessory to existing commercial facilities. No additional environmental documentation is necessary at this time. Fiscal Impacts: None. Follow -up Action: None. Consequences of not Acting on the Recommended Notion: Sign ordinance will remain unchanged. Attachments: 1. Draft Ordinance 2. Staff Report dated 3. Planning Commission Motion and Vote: memo.cc \exesigns.l March 7, 1995 minutes dated 7/12/95 ORDINANCE NO.71. AN ORDINANCE OF THE CITY OF SARATOGA ESTABLISHING INTERIM STANDARDS FOR PLACEMENT OF TEMPORARY A -FRAME TYPE SIGNS AND SUSPENDING FOR A PERIOD OF TIME CERTAIN CURRENT SIGN CODE PROVISIONS The City Council of the City of Saratoga hereby ordains as follows: SECTION 1: Interim standards for placement of Temporary A -Frame Signs are hereby established, to read as follows: a) Size: The maximum size of a temporary A -frame sign is 16 square feet per side. b) Location: Temporary A -frame signs shall be placed on the site of the promotion or sale and shall be located out of the public right -of -way. Temporary A- frame signs shall be placed so as not to interfere with motorist's line of sight or to create any sort of hazard to vehicular or pedestrian navigation. c) Duration: Temporary A -frame signs may be displayed for a maximum of 42 days within a 6 month period. d) Permit Required: An administrative permit (and accompanying fee) shall be required prior to the installation and /or display of a temporary A -frame sign. e Limit on Number of Temporary Signs: A maximum of two temporary A -frame signs are allowed on any individual site at any given time. A -frame signs shall not be used in addition to any other permitted temporary sign. f) Exception: Temporary A -frame signs shall not be allowed in the Village area. SECTION 2: During the operative period of this Ordinance, enforcement of provisions of the Sign Ordinance in conflict with Section 1 of this Ordinance shall be suspended. SECTION 3: This Ordinance shall remain operative for a period of six (6) months from its effective date, after which it shall be of no further force or effect. SECTION 4: This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council of Saratoga held on the day of , 1995, by the following vote: AYES: NOES: ABSENT: ATTEST: City Clerk Mayor 0 171 L, "V001 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 867 -3438 � COUNCIL MEMBERS: Ann Marie Burger Paul E. Jacobs Gilfian Moran M E M O R A. N D U M Karen Tucker Donald L. Wolfe TO: Saratoga Planning Commission FROM: Paul L. Curtis, Community Development Director DATE: March 7, 1995 SUBJECT: Sign Ordinance Review Background: In December 1993, the Chamber of Commerce submitted to staff a "new Sign Ordinance." The ordinance had been prepared by a Chamber committee addressing needs and concerns that had been identified by its members. Staff requested a list of specific changes to the existing Ordinance. In March 1994, the Chamber responded with a letter stating that it was difficult to specifically identify changes in that the proposed Ordinance was a compilation of several cities ordinances. Staff reviewed the proposal with both the Planning Commission and City Council. In July 1994, the Planning Commission and City Council directed staff to include a revision of the City's Sign Ordinance as part the Community Development Department Work Program. The Council approved a late 1994 initiation date with completion anticipated in April /May 1995. In September 1994, the City Council approved an interim ordinance which allows a 40 sq.ft. sign /banner to advertise special business events, promotions, sales, etc. The Council felt that this provision would assist the business community through the holiday season. This interim ordinance will expire April 7, 1995. The intent was to review the effect of the banners during this "trial" period and, if appropriate, adopt the provisions as part of any permanent ordinance amendments. Ordinance.Amendment Methodology: Staff began by reviewing the Chamber's draft ordinance and listing Printed on recycled paper. Planning Commission Work Session Sign Ordinance Amendments March 7, 1995 Page 2 the proposed changes. It became apparent to Staff that the Chamber was attempting to make changes that "corrected" certain situations. Staff felt that by first identifying the problems, it may be easier to consider amendments that responded to those problems instead of changing the entire ordinance and then trying to justify the changes. In addition, staff identified certain problems that had been previously questioned by staff, Planning Commission and City Council. Staff has identified the following problems: • Temporary Political Signs • Special Event Signs • Open House Signs • Signs on Major Arterial Streets • Antiquated Sign Programs • Window Signs Problem Analysis: Attached are analysis sheets for each identified problem. Each analysis lists the problem, suggested changes or alternatives to be considered, proposed ordinance language, where appropriate, and "non- ordinance" language stating the results of the change. In some cases (e.g. Signs on Major Arterial indicated specific change proposals, but cons of alternatives. Following discussion analysis sheet for final review. Recommendation: Streets), staff has not rather listed pros and staff can complete the Staff recommends that the Planning Commission review the sign problems, alternatives and potential solutions and direct staff to prepare an ordinance amendment for public hearing. A Planning Commission public hearing date of April 12 is tentatively being considered. The Commission's April 5 Work Session could provide a final review prior to the public hearing. Problem #1 TEMPORARY POLITICAL SIGNS Definition of Problem City Council has directed staff to review other city's ordinances as to the appropriateness to allow political signs in the public right -of -way. Background The following are proposed changes to Sec. 15- 30.160 regarding temporary political signs. Additions are indicated by background shading while deletions from the current ordinance. are indicated by being struck out with a line: Proposed Ordinance 15- 30.160 Temporary political signs. (a) Sign restrictions. A temporary political sign may be erected only in accordance with the following restrictions: (1) No temporary political sign may be illuminated in any manner other than by previously existing lighting sources normally used for illumination of the area where the sign is erected. (2 ) No temporary political sign may be affixed to any pole or wire appurtenance thereof on which is attached any traffic sign, traffic signal, street sign, parking sign or other traffic control device installed by any public agency for public information purposes, nor may any temporary political sign be erected in a manner or place that will obstruct normal visibility of such traffic signs, traffic signals, street signs,_ parking signs or other traffic control devices ..... an:... a ...:marne....4br....�ae.....xat .::i.. (3) No temporary political sign may be erected upon or affixed to any sidewalk, crosswalk, police or fire alarm system, hydrant, or any public building or other public structure. (4) No temporary political sign may be...erected within or upon .... ..............:::.::.::.::..... any public highway, public street, ti?t or public right of way in a mannei- e plaee th ._.,, 7 ..bsrjatte— e s#9 44ne -e eight ei– ethe------ -- .9bitut-£ a safety h a-s'-ai-el fe axehiettla —er (5) No temporary political sign may exceed an area of five square feet. (6) No temporary political sign may be erected having bracing or backing material thicker than one -half inch except for support posts firmly planted in the ground. (b) Duration and removal. A temporary political sign may be erected not more than forty -five days prior to the day of the election to which it related and shall be completely removed not later than five days after the date of such election. Results of Changes The main proposed change to this section is prohibiting temporary political signs in the public right -of -way. This will limit temporary political signs to private property only. A copy of the existing temporary political sign section has been attached for comparison purposes as well as a list of other city's regulations. 15.301.160 Tengx ary po®tleal (a) Sign rem A I -ions. A temporary political sign may be erected only in accordance with the following reestric- Lions: (1) No tempmwy political sign may be illuminated in any manner other than by previously existing 11thrin8 sources normally used for illumination of the area where the sign is erected. (2) No temporary political sign may be affixed to soy pole or wife appurtenance dwreof on which is attached any traffic sign, t-ffic signal, street sign. parking sign or other traffic contral device installed by any public agency for public information purposes, nor may any temporary political sign be erected in a manner or place that will obstruct normal visibility of such traffic signs. traffic signals, street signs, parking signs or other traffic control devices. (3) No temporary political sign may be erected upon or affixed to any sidewalk, crosswalk police or fire alarm system, hydrant, or any public building or other public structure. (4) No temporary political sign may be erected wid»n or upon any public highway, public street-or public right of way in a manner or place that will obstruct a motorist's lime of sight or otherwise constitute a safety hazard for vdAcWar or pedestrian traffic upon such highway, street or right of way. (5) No temporary political sign may exceed an area of five square feet. (6) No temporary political sign may be erected having bracing or badang material thicie— than one -half inch, except for support posts firmly planted in the ground. (b) Duration and removaL A tcmpmzy political sign may be erected not more than forty -five days prior to the day of the election to which it relates and shall be com- pletely removed not later than five days after the date of such election. Comparison of Cities: Max. Area Max. days Max. days Permitted (sq. ft.) prior after Saratoga (proposed) 5 45 5 Private property only Saratoga .5 45 5 Public right -of -way (current) and private property Los Gatos 18 - 10 Private property (resid) 6 only Los Altos 16 61 5 Private property and front yard landscaped areas in public right -of -way adjacent to private property Menlo -Park - - 7 Private property only Portola 2 - 1 Private property Valley only Danville 6 - 10 Private property only Moraga 6 - 10 Private property only Mill Valley 16 45 5 Private property only Cupertino 4 90 12 All zones of the City Campbell 12 75 total 15 Private property only Problem #2 SPECIAL EVENT SIGNS Definition of Problem Other than grand opening signs, there is no provision allowing special event signs that pertain to advertising commercial events. The Chamber of Commerce has indicated a need for these type of special event signs and has supported the interim temporary sign ordinance which allows this type of advertising. Background The following is a proposed addition to the Sign Ordinance concerning special event signs. Currently, there is an interim ordinance in effect that involves temporary signs and banners that will expire in April 1995. This new proposed section is modeled after the special event sign section for the City of Los Altos and contains excerpts from the current interim ordinance. Additions are indicated by background shading while deletions from the current ordinance are indicated by being struck out with a line: Proposed Ordinance 15- 30.020 Definitions. (o) Special event sign means a temporary sign pertaining to events of civic, community, philanthropic, educational or religious organizations, whr eh aloe - mete —ia -`rem -with the 15- 30.100 Signs in commercial districts. No sign of any character shall be permitted in a C district except the following: (k) Special event signs, subject to the regulations prescribed in Section 15 -30. not emeeeding ter aqua:eefeet ice area, - be- perfflitted,prev idea- siaeh signs - a-i-e- pasted - €er __=`_ fnere pr ter te-- the - event and are refneyed within n twn da -f after saeh event. -(1) Temperary- gad gars er banners, net xeeea -- twenty square feet in area, may be permitted te annettnee the eemmeneementezf a- -rnew business estab3ishifien. Gueh signs shall net be displayed inter: than ti,,t_t- 1 . as�..1T Results of Changes The main proposed changes to the original sign ordinance are as follows: 1) The definition of "special event sign" has been added to include commercial operations. 2) Sign size has been regulated in accordance with the length of primary building frontage. 3) The maximum size of a banner has been increased from ten (10) square feet to forty (40) square feet. 4) The maximum number of days a banner can be displayed has been set at 60 days /year, the days not needing be consecutive. 5) The maximum area for a temporary grand opening sign or banner has been increased to forty (4 0) square , feet from twenty (20) square feet and is subject to all the regulations of a special event sign. 6) Property occupied by more than one place of business may display no more than two banners or flags at one time. 7) Banners and flags must be in good repair. 8) An administrative permit and fee shall be required prior to installation of a temporary banner or flag. A copy of the current sections that regulate special event signs has been attached for comparison purposes as well as a list of other city's regulations on special event signs. (o) Special event sign means a temporaty sign pmu'w Mg to events of civic, community, philanthropic, educational or religious organizations, which ate not conducted in connection with the operation of a commercial enterprise. 15- 30.030 ProWbited signs. The following signs are prohibited:. (a) Reflective, flashing or moving signs, except for public service time and tempetatiue signs which shall not be flashing, animated or revolving in nature. (b) Portable signs, except for open house signs, political signs and special event signs which comply with the regulations of this Article. (c) Streamers, banners, balloons. flares, flags, pennants, twirlers and similar attention getting devices, with the exception of the following: (1) One national, state and local governmental flag properly splayed upon a single flagpole. (2) Holiday decorations, in season. (3) Grand opening and special event displays which comply with the regulations of this Article. (d) Any sign affixed or attached to any vehicle or trailer, unless the vehicle or trailer is intended to be used in its normal business capacity and not for the primary purpose of advertising a use or event or attracting persons to a place of business. (e) Signs or sign structures which by color, wording or location resemble or conflict with traffic control signs of devices. (f) Signs that create a safety hazard by obstructing the clear view or safe movement of vehicular or pedestrian traffic. (g) Signs that obstruct any door, window, fire escape or other emergency exit of any building. 15- 30.100 Signs in commercial districts. No sign of any character shall be permitted in a C district, except the following: (a) Identification signs which comply with any one of the following standards: (1) One -half square foot of area for each foot of width of the front elevation of the building and side elevation on the street side of a corner for or (2) One - fourth square foot of area for each foot of street frontage of the site; or (3) One-half square foot of area for each foot of store frontage. The term -am f mMW, as used herein, means that side, or those sides of the building where the main entrance to each business establishment conducted therein is located. For the purposes of computing sign area bereun- der, no single business establishment may have a main entrance on more than one side of the same building. in no event shall the aggregate area of all identification signs upon a site exceed forty square feet for each use upon such site. (b) Directional signs. each not exceeding three square feet in area and five feet is height. Such signs may be free standing. If more than two directional signs are proposed, the number and location of such signs shall be subject to approval by the Planning Director. (c) A free standing identification sign for a site con - tammg five or more separate uses, not exceeding forty square feet is area. Such sign may be in addition to all other signs permitted under this Section. (d) A bulletin board, not exceeding twenty square feet in area and ten fiat in beight, on the site of a religious institution, provided the content of the bulletin board relates to an activity conducted at. or sponsored by, the religious institution. Such bulletin boards may be free standing. (e) An identification sign, not exceeding sixteen square feet in area, on the site of a multi - family dwelling, motel or hotel. Such sign may be free standing. Signage for the uses referred to herein shall be regulated by this Paragraph and not Paragraph (a) of this Section. (f) A nonilluminated real estate sign, not exceeding twenty- four square feet in area. The sign may be free standing, but in such event shall not exceed four fat in height. (g) Temporary construction signs, subject to the regu- lations prescribed in Section 15- 30.130. (h) Public interest signs. subject to the regulations prescribed in Section 15- 30.140. (i) Temporary political signs, subject to the regulations prescribed in Section 15- 30.160. 0) Gasoline price signs, subject to the regulations prescribed in Section 15- 30.170. (k) Special event signs, not exceeding ten square feet in arm may be permitted, provided such signs are posted for not more than thirty days prior to the event and are removed within two days after such event. (1) Temporary grand opening signs or banners, not exceeding twenty square feet in arm may be permitted to announce the =ement of anew business estab- lishment Such signs shall not be displayed mere than thirty days. Comparison of Cities: Banner A -frame Max. time Max. Max. allowed (sq.ft.) (sq.ft.) (days /yr) Saratoga (proposed) 40 prohibited 60 Saratoga 10 prohibited 32 (current) Los Altos 10 4 60 Los Gatos 1 /1frontage prohibited 15 Danville .75/1 frontage 5 45 Mill Valley 12 prohibited 28 Cupertino 100 32 120 Campbell 40 prohibited 120 Chamber of 40 16 120 Commerce Request Problem #3 OPEN HOUSE SIGNS Definition of Problem The Board of Realtors has stated that the current ordinance does not provide sufficient advertising and direction to open houses. Background The following are proposed changes to Sec. 15-30.150 regarding open house signs in residential districts. Additions are indicated by background shading while deletions from the current ordinance are indicated by being struck out with a line: Proposed Ordinance 15-30.150 Open house signs in residential districts. (a) Non illuminated open house signs are permitted in any zoning district, subject to the following restrictions: 1 (1) There shall be no-more than one open house sign oriented in the same direction at any intersection. (2) The open house sign shall not exceed ere t".'k .... square feet ....... ...... ........... t' of area and four feet in height, and shall .... 6 fixed to a X-X-X.:-X-:-:-X-:-:- single pole of wood or metal material, or shall be an "All frame, free-standing sign. (3) No open house signs shall be located in medians. (4) No open house sign shall be placed upon any public property; provided, however, where the public right-of-way extends into a parkway strip or the planted area adjacent to the curb, between the street or curb and adjacent private property, an open house sign may be placed within such parkway strip upon obtaining permission from the owner of the adjacent private property. (5) No open house sign shall include balloons, ribbons, streamers, or other appurtenances. (6) No open house sign shall be placed upon any private property without first obtaining permission from the owner of such property. (7) An identification shall be printed upon or affixed to every open house sign indicating the name, real estate company affiliation, address and telephone number of the sign owner. (8) Each real estate company shall apply and receive approval for an annual encroachment permit from the City Engineer. The encroachment permit shall be valid for one year and shall be renewed annually. The encroachment permit shall be valid only for employees, independents, or affiliate members of the real estate company. (9) The open house sign shall be removed each day after the closing of the open house for that day, and no later than 6 P.M., November 1st through March 31st; and 8 P.M., April 1st through October 31st. I any open" fiouse sign is found to violate any of the restrictions contained in this Section, then notwithstanding the provisions of Section 15- 30.200, such sign may be summarily removed by the Maintenance Director or his representative, or any Community Service Officer, or any other City employee authorized by the City Manager to remove such sign. The sign owner shall be responsible for payment of a fine in the amount of Fifty Dollars for each sign so removed. In cases where a duly authorized representative of the City has direct contact with the violator of these provisions, this person shall be responsible for the payment of the aforementioned fines. A written notice of the removal shall be given to the sign owner stating that the sign may be given to the sign owner stating that the sign may be reclaimed within ten days and will be returned to the owner upon payment of the fines specified herein, except that no such notice shall be required if the owner is not identified on the sign. In the event the sign is not reclaimed within the time allowed to do so, the sign may be destroyed or otherwise disposed of by the Maintenance Director. Unclaimed signs may be sold to real estate companies, their employees, independents,or affiliates, at a price determined by the Planning Director. Results of Chancres The main proposed changes to this section are as follows: 1) The maximum area size of the open house sign is increased from one square foot to two square feet. 2) Open house signs may only be displayed when the house is open for inspection. 3) Open house signs are prohibited from travelled portions of public right -of -way, public sidewalks or walkways, or in any manner which would impede the movement of vehicles, bicycles, or pedestrians. A copy of the existing open house sign section has been attached for comparison purposes as well as a list of other city's regulations. 15410.150 Open li � signs in n (a) NoniIIurmiinated open house signs we I miI I I in any zoning district, subject to the following restrictions: (1) There shall be no moat than one open house sign oriented in the some direction at any intersection. (2) The open house sign shall not exceed one square foot of aces and four feet in height. and shall be fixed to a single pole of wood or metal material, or shall-be an "A" frames free-standing sign- . (3) No open house signs shall be looted in medians. (4) No open house sign shall be placed upon way public property; provided, bowever, where the public rigbt-0t -way extends into a parkway strip or the planted anew adjacent to the curb, between the street or curb and adjacent private property, an open house sign may be placed within such parkway strip upon obtaining permission from the owner of the adjacent private property. (5) No open home sign shall include balloons, ribbons, streamers, or other appurtenances. (6) No open house sign shall be placed upon my private property without first obtaining permission from the owner of such property.. (7) An identification shall be printed upon or affixed to every open house sign indicating the name, real estate company affiliatioo, address and telephone number of the sign owner. (8) Each real estate company shall apply and receive approval for an annual encoachmuent permit from the City Engineer. The coc+oachmentpermit shall be valid for one year and shall be renewed annually. The encroachment permit shall be valid only for employees, independents or affiliate members of the real estate company. (9) The open house sign shall be removed each day after the closing of the open house for that day, and no lacer than 6 P.M.. November 1st hough March 31st. and 8 P.M.. April 1st through October 31st (b) If any open house sign is found to violate any of the restrictions contained in this Section. then notwitb- statift the provisions of Section 15- 30200. such sign may be summarily removed by the Maintenance Director or his representative, or say Community Service Offff= or any other City employee auuibi I by the City Manager to remove such sign. The sign owner shall be responsible for payment of a fine in the amount of Fifty Dollars for each sign so removed. In cases where a duly authorized repasentwive of the City bas direct camas with the violator of these provisions, this person shall be responsible for the payment of the afarrmendoned fines. A written notice of the temoval shall be given to the sign owner stating that the alga may be reclaimed within tin days and will be retuned two the owner upon payment of the fine specified be= cwcpt that no such notice shall be required if the owner is not idendfied on the sign. In the event the sign is not reclaimed within the time allowed to do s% the sign may be destroyed or otherwise disposed of by the Mainte. nance Director. Unclaimed signs may be sold to real estate companies. their employees. independents, or affiliates, ataprice detnmined by the Planning Director. (Amended by Ord. 71.95 11. 1991) Comparison of Cities: Maximum Area Maximum Permitted (sq. ft.) Height Saratoga 2 4 ft. No more than one sign (proposed) oriented in the same direction at an intersection Saratoga 1 4 ft. No more than one sign (current) oriented in the same direction at an intersection Los Altos 4 2.5 ft. Max. of one sign per corner of an intersection directing traffic in any one direction Los Gatos 1 4 ft. No more than one double - faced sign per corner of an intersection or zoning plot Carmel 3 - No more than one sign limited to private property and public right -of -way adjacent to the property with an encroachment permit Danville 6 6 ft. Private property only Moraga 4 - Each property allowed one sign per intersection not further than closest main thoroughfare intersection Mill Valley 3 - No more than one sign limited to private property Cupertino 4 - Max. of three signs per parcel with a unit for sale Campbell 12 - Private property only Chamber of 2 4 ft. No more than one sign per Commerce Request company oriented in the same direction at any intersection Problem #4 SIGNS ON MAJOR ARTERIALS Problem Area: Saratoga - Sunnyvale Rd. tracks and Prospect Rd. Definition of Problem between the RxR Business owners have indicated that current sign provisions do not allow adequate identification because of high speeds, building setbacks, and limited visibility. Background Shopping centers where there are several minor tenants (e.g. Azule Crossing) are having problems with drivers seeing their signs from the road on the high speed arterial. Also, shopping centers are situated on lots that have a small amount of frontage and are set far back from the road. Ouestions that need to be addressed: 1) How can shopping centers be better advertised on major arterials? 2) What type of sign is Ground sign? 3) What is an appropriate 4) What is an appropriate Possible Solutions: most appropriate? size for a sign. height for a sign Pole sign? (1) Increase the size of freestanding frontage signs as well as the size of letters. Each tenant can be designated an equal square footage for the frontage sign (e.g. 6 sq. ft. each) so all tenant signing can be seen from the road. Pros: a) Location of tenant signs will be more visible from ,the road. b) Signs will be neat and orderly with equal sized spacings for each tenant. Cons: a) Larger signs will be less aesthetically pleasing. b) Street will be more cluttered with larger signs. (2) Each tenant is allowed a maximum square footage of signage that can be their choice as to where they wish to display it. For example, if their store fronts the road, they would most likely prefer to put the majority of their allowable signage on the actual building where the store is located. If a store is located in the rear of the shopping center, they could have a portion of their allowable square footage to be located on the frontage sign. Pros: a) Tenants would have a choice as to where they want their advertising to be located. b) Would allow all tenants to be advertised from the street. Cons: a) Signs would look cluttered with different sized spacings for tenants. (Ordinance could restrict maximum size of sign) b) Keeping track of different businesses and their total square footage. (3) The freestanding frontage sign area could be proportional to the area of the developed site as opposed to the length of frontage. Pros: a) Would be more representative of the property and it's tenants than the small length of road frontage. Cons: a) Signs could end up being too large for the amount of frontage. (4) Reduce the speed limit. Problem #5 ANTI UATED SIGN PROGRAMS Definition of Problem Sign programs may become outdated and new styles of signs or advertising become appropriate. For this reason a provision needs to be allowed in the sign ordinance to update sign programs. Background A sign program is an established set of criteria or standards that are applied to signage on a site containing multiple tenants such as a shopping center or business complex. The intent of sign programs is to ensure the compatibility of signs within the building or complex and compatibility with the project architecture. These programs are approved by the City and may include such standards as area, dimension, color, material, design, size, or illumination of signs. Ouestions that need to be addressed: 1) How do we determine if a site needs an updated sign program? 2) How do we go about updating sign programs? 3) How long do we allow for a new sign program to be implemented? Possible Solutions: (1) Have shopping center owners require tenants to update their signs when renewing their lease. Pros: a) Eventually all tenants would be required to comply. Cons: a) Some leases can be up to five or ten years long which would delay the updating of signs. (2) For multiple occupant projects existing prior to the requirement for a sign program, a new program can be established at the time the first modification of an existing sign is proposed. (3) The City could propose a sign program change to the Planning Commission or City Council if it feels that a sign program is outdated or the signs have reached a point of dilapidation. Problem #6 WINDOW SIGNS Definition of Problem There is no provision in the current ordinance addressing window signs. Typical window signs can be put up and taken down which makes enforcement impossible. Background Community Development staff constantly recieves complaints regarding window signs since the City has no specific standards. Therefore, staff finds it very difficult to tell a business owner to remove their sign. This new proposed section is modeled after the window sign section for the City of Los Altos. Additions are indicated by background shading while deletions from the current ordinance are indicated by being struck out with a line: Proposed Definition Proposed Ordinance PLANNING COMIVIISSIC INUTES JULY 12, 1995 PAGE - 18 - 95 -030 PER THE STAFF REPORT. THE MOTION CARRIED 5-0 WITH COMMISSIONERS CALDWELL AND PATRICK ABSENT. 7. AZO- 95403 - CITY OF SARATOGA Consideration of a draft Ordinance amending Chapter 15 -30 of the City Zoning Ordinance relating to standards for the placement of temporary signs in Commercial Zoning Districts and consideration of a draft ordinance establishing interim standards for temporary signs in Commercial Zoning Districts (cont. from the 6/28/95 public hearing meeting at the recommendation of staff). Planner White presented the staff report. He informed the Commission that this item was a direct result and product of the Sign Ordinance that was initiated by the City Council in the fall of 1994. Planning staff went through the process of identifying a number of different issues relating to •signage in the City (i.e., special event signs, open house sign, signs on major arterials, antiquated sign programs, window and neon signs in the Village area). He indicated that the Planning Commission held a number of work sessions and public meetings to discuss these issues and also to work out alternatives or possible solutions to identified problems. Also, the Commission met with the representatives of the business community, specifically with the Chamber of Commerce and representatives of the Village Merchants. In June, the Planning Commission directed staff to proceed with an ordinance amendment that is before the Commission this evening. He recommended that the Commission review the draft ordinance amendments and forward its recommendation to the City Council to adopt the ordinances. Chairman Murakami asked staff clarification of Exhibit "A ", subsection (m)(5) Exceptions which excludes the Village area from having temporary signs or banners. Planner White noted that the Village area was involved in discussions. However, staff and the Commission tried in great length to get some consensus from the Village business owners but that a consensus could not be reached. Therefore, it was recommended that the Village be excluded from this amendment. Commissioner Abshire noted that Exhibit "B" stipulates that the interim standards for the Placement of temporary A -frame type signs would be in effect for a six month period. He asked what would be the next action plan following the six month period. Planner White responded that an assessment would need to be made following the six month period to determine how the amendment was working or whether there were any complaints or concerns filed as a result of permitting A -frame signs. Commissioner Kaplan asked if each store front would be allowed to have two A -frame signs as defined in Exhibit "B ", Section I.e) Planner White clarified that two A -frame signs would be permitted for each store front. Commissioner Kaplan stated that she did not recall the approval of two A -frame signs and indicated that she had trouble allowing one A -frame sign. Chairman Murakami opened this item to public hearing at 10:18 p.m. There was no one in attendance to speak on this item. COMMISSIONERS ASFOUR/SIEGFRIED MOVED TO CLOSE THE PUBLIC HEARING AT 10:19 P.M. PLANNING COMIVII.SSIO. EDRPTES JULY 12, 1995 PAGE - 19 - COMMISSIONERS SIEGFRIED /ABSHIItE MOVED TO APPROVE STAFF'S RECOMMENDED DRAFT ORDINANCE AMENDMENTS AND TO FORWARD STAFF'S RECOMMENDATION TO THE CITY COUNCIL. THE MOTION CARRIED 5-0 WITH COMMISSIONERS CALDWEL.L AND PATRICK ABSENT. 8. A7A- 95-004 - CITY OF SARATOGA Consideration of a draft Ordinance an. ding Chapter 15 -30 of the City Zoning Ordinance relating to the prohibition of signs within the Public Right -of -Way (cont from the 6128/95 public hearing at the recommendation of staff). Planner 'te presented the draft ordinance amendment regarding signs in public right -of- ways. He that the proposed ordinance would prohibit all signs ' the public right -of- way with the lion of certain public notices, public safety signs house signs which are permitted separate regulations in the existing sign Staff recommended that the Commission view the draft ordinance and forward an recommendation to the City Council. He that the City Attorney was evening and would answer any questions of a le nature relating to the draft amendment. C Siegfried as to the legalities Attorney Riback stated that on his research so long as the ordinance is neutral, it is a to prohibit political signs nor any other would be viewed as a violation the 5rat of Pfis kind of a blanket restriction. City proposed amendment, he found that Ital woe. The City would not be able m.. This would be an invalid action which Commissioner Kaplan asked wby signs would be exempt from the proposed ordinance amendment. City Attorney clarified that open house signs are considered to be directional and that they are not issues and because of that, they are taken out of the content issue entirely. Chairman Mtrrakami asked f9e clarification political signs. City Attorney Ribacic confirmed that it would be ' to place political on utility poles or in the public right -of- way. Chairman Murakami this item to public hearing 10:25 p.m. There were no present to address this item. COMMISSIO'UMS KAPLAN /SI EGFRIED MOVED TO CLO PUBLIC HEARING AT 10:26 P.M. oner Kaplan stated that she was strongly opposed to an such as this one she felt that what makes a community operate was the fact ' can communicate. She t that it was imperative that individuals know who is running for o She felt that a 'cal candidate with a limited budget would be put out of the political Chairman Murak ami stated that he felt that this proposed ordinance amendment was too SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 2 14 MEETING DATE: October 4, 1995 AGENDA ITEM: B ORIGINATING DEPT.: Communitv Development W CITY MGR. APPROVAL//% RTTR.TT rrr AZO -95 -004, Ordinance Amendment Relating to Signs Upon the Public Right of Way Recommended Motion: Accept the Planning Commission recommendation to reject the draft Ordinance. Report Summary• In April of this year, during their Quarterly Program and Project Review Session, the City Council directed staff to separate the issue of Political Campaign Signs in the public right of way from the general review of the City's sign regulations. Subsequently, the City Attorney was directed to prepare a draft Ordinance for consideration prohibiting all signs in the public right of way. Attached for review is the prepared draft document. This ordinance prohibits the placement of any signs in the public right of way, with the exception of certain public notices, safety signs and open house signs (i.e. directional signs) which are currently permitted in the City Code. The Public Right of Way is defined in the City Code as a right of way owned by the City or any other public entity or public utility and constitutes a: "...strip of land used or reserved for use, as a street, road or alley, or to provide pedestrian or equestrian access, or public utility service, or any combination thereof, and includes all or any part of the entire width or other area or a designated right of way, whether or not such entire width or area is actually used for street, road, alley, pedestrian, equestrian or utility purposes." The Planning Commission reviewed the draft Ordinance at their regular July 12 meeting (minutes attached). The Commission forwarded a recommendation to the City Council to reject the draft. The Planning Commission minutes are attached for reference. Fiscal Impacts: None. Follow -up Action: None. Consequences of not Acting on the Recommended Notion: Sign Ordinance will remain unchanged. Attachments: 1. Draft Ordinance 2. Planning Commission minutes dated 7/12/95 Motion and Vote: memo.cc \exerow SEP -28 -95 THU 08 :31 MEYERS,NAVE,RIBA0K &S1LV. FAX N0. 510 351 4481 P.02/04 ORDINANCE NO. 71 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAItATOGAAMENDING SECTIONS 15- 30.030, 15- 30.150 AND 15- 30.160 OF THE CODE OF THE CITY OF SARATOGA RELATING TO SIGNS UPON PUBLIC RIGHTS -OF -WAY The City Council of the City of Saratoga hereby ordains as follows: Section 1. Section 15- 30.030 of the Code of the City of Saratoga is hereby amended, by adding subsection (h), to read as follows: "Section 15- 30.030. Prohibited SiMs. . ection 2. Section 15- 30.150 of the Code of the City of Saratoga is hereby amended by amending subparagraph (a) (4), to read as follows: "Section 15- 30.150. ,Qpen House Signc in Residential l�ictrictc. (a) Nonilluminated open house signs are permitted in any zoning district, subject to the following restrictions: (1) ... (2) ... (3) .. . (4) No open house sign shall be placed upon any public property; provided, however, where the public right -of -way extends into a parkway strip or the planted area adjacent to the curb, between the street or curb and adjacent private property, an open house sign may be 1 SEP -28 -95 THU 08:31 MEYERS,NAVE,RIBACK &SILV. FAX N0. 510 351 4481 P.03/04 placed within such parkway strip upon obtaining permission from the owner of the ad scent private property. Ta`xeyr"auto`i�d bjr thz� s ligaragrap (, pen 1-toasb Mn ark aft ` C p ign'#o x r Pt a ,1 bifx4 t f firth sewn f5 =3D X31 � (5)... (6) .. . (7)... (8)... (9) „ Section 3. Section 1 5- 30.160 of the Code of the City of Saratoga is hereby amended by amending subparagraph (a) (4), to read as follows: "Section 15-30-160. 'remj2or aUPnlitical Suns (a) 5gn Restrictions. A temporary political sign may be erected only in accordance vAth the following restrictions: (1) ... (2) ... (3) ... (4) No temporary political sign may be erected within or upon rat of way bf any public highway�r public street- or paWie fi wry,- in street or fight of -way.- (6)...., 2 SE?,,=28 -95 THU 08:31 MEYERS, NAVE, R I BACK &S I LV, FAX N0, 510 351 4481 P.04/04 Section 4: This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. The above and foregoing; Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council of Saratoga held on the day of , 1995, by the following vote. AYES: NOES: ABSENT: MAYOR ATTEST: City Clerk September 27, 1995 mnrsw\273 \ord\,signs.w61 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM: MEETING DATE: October 4, 1995 ORIGINATING DEPT.: Coromunitv Development CITY MGR. APPROVAL SUBJECT: Draft Ordinance relating to the Temporary Placement Promotional Signs and Banners Recommended Motion: Accept the Planning Commission recommendation and introduce the Ordinance, waiving reading in full. Report Summar In November of 1994, the City Council directed the Planning Commission to embark upon a study of existing City sign regulations. Subsequently, staff developed a detailed list of problem areas including political signs, special event signs, open house signs, signs on major arterial streets, antiquated sign programs, window signs and neon signs. Staff presented a report (attached) to the Commission at the March study session which highlighted a number of options and suggestions for possible solutions to the identified problems. The Commission considered these issues further at the April and May study sessions. Individuals representing the Saratoga Chamber of Commerce and the Village merchants were active participants in these proceedings. At their regular July 12 meeting (minutes attached) , the Planning Commission forwarded a recommendation to the City Council to permanently adopt the now expired interim ordinance for temporary signs and banners (Ordinance 71 -144) as a part of the City Code. This ordinance establishes regulations for the placement of temporary banners and signs, including restrictions on number, location, size and duration. This ordinance does not apply to the Village area or to gas stations. A draft ordinance amendment is attached for City Council review. Environmental Documentation: The draft ordinance has been determined to be categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under Class 4e - minor temporary use of land having negligible or no permanent effect on the environment and Class 11 - placement of minor temporary structures accessory to existing commercial facilities. No additional environmental documentation is necessary at this time. Fiscal Impacts• None. Follow -up Action: None. Consequences of not Acting on the Recommended Notion: Sign ordinance will remain unchanged. Attachments: 1. Draft Ordinance 2. Staff Report dated March 7, 1995 3. Planning Commission minutes dated 7/12/95 Motion and Vote: memo.cc \exesigns.2 ORDINANCE NO.71. AN ORDINANCE OF THE CITY OF SARATOGA AMENDING SECTION 15- 30.100 OF THE CITY CODE RELATING TO THE PLACEMENT OF TEMPORARY SIGNS. The City Council of the City of Saratoga hereby ordains as follows: SECTION 1:. Section 15- 30.100 of the Code of the City of Saratoga, is hereby amended, by adding subsection (m), to read as follows: (m) Temporary signs or banners advertising special promotions or sales may be permitted, subject to approval by the Community Development Director, as follows: 1) Size: The maximum size of a temporary sign or banner is 40 square feet. 2) Location: Temporary signs or banners shall be affixed to a principal building and shall not project above the roof line of the building. 3) Duration: Temporary signs or banners may be displayed for a maximum of 42 days within a 6 month period. 4) Permit Required: An administrative permit (and accompanying fee) shall be required prior to the installation and /or display of a temporary sign or banner. 5) Exception: Temporary signs or banners will not be allowed in the Village or for gasoline service stations. SECTION 2: This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council of Saratoga held on the day of , 1995, by the following vote: AYES: NOES: ABSENT: ATTEST: City Clerk Mayor 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 867 -3438 COUNCIL NIEMBERS: Ann Marie Burger Paul E. Jacobs Gillian Moran M E M O R A N D U M Karen 7ucker Donald L. Wolfe TO: Saratoga Planning Commission FROM: Paul L. Curtis, Community Development Director DATE: March 7, 1995 SUBJECT: Sign Ordinance Review Background: In December 1993, the Chamber of Commerce submitted to staff a "new Sign Ordinance." The ordinance had been prepared by a Chamber committee addressing needs and concerns that had been identified by its members. Staff requested a list of specific changes to the existing Ordinance. In March 1994, the Chamber responded with a letter stating that it was difficult to specifically identify changes in that the proposed Ordinance was a compilation of several cities ordinances. Staff reviewed the proposal with both the Planning Commission and City Council. In July 1994, the Planning Commission and City Council directed staff to include a revision of the City's Sign Ordinance as part the Community Development Department Work Program. The Council approved a late 1994 initiation date with completion anticipated in April /May 1995. In September 1994, the City Council approved an interim ordinance which allows a 40 sq.ft. sign /banner to advertise special business events, promotions,, sales, etc. The Council felt that this provision would assist the business community through the holiday season. This interim ordinance will expire April 7, 1995.. The intent was to review the effect of the banners during this "trial ". period and, if appropriate, adopt the provisions as part of any permanent ordinance amendments. Ordinance Amendment Methodology: Staff began by reviewing the Chamber's draft ordinance and listing Printed on recycled paper. Planning Commission Work Session Sign Ordinance Amendments March 7, 1995 Page 2 the proposed changes. It became apparent to Staff that the Chamber was attempting to make changes that "corrected" certain situations. Staff felt that by first identifying the problems, it may be easier to consider amendments that responded to those problems instead of changing the entire ordinance and then trying to justify the changes. In addition, staff identified certain problems that had been previously questioned by staff, Planning Commission and City Council. Staff has identified the following problems: • Temporary Political Signs • Special Event Signs • Open House Signs • Signs on Major Arterial Streets • Antiquated Sign Programs • Window Signs Problem Analysis: Attached are analysis sheets for each identified problem. Each analysis lists the problem, suggested changes or alternatives to be considered, proposed ordinance language, where appropriate, and "non- ordinance" language stating the results of the change. In some cases (e.g. Signs on Major Arterial Streets), staff has not indicated specific change proposals, but rather listed pros and cons of alternatives. Following discussion, staff can complete the analysis sheet for final review. Recommendation: Staff recommends that the Planning Commission review the sign problems, alternatives and potential solutions and direct staff to prepare an ordinance amendment for public hearing. A Planning Commission public hearing date of April 12 is tentatively being considered. The Commission's April 5 Work Session could provide a final review prior to the public hearing. Problem #1 TEMPORARY POLITICAL SIGNS Definition of Problem City Council has directed staff to review other city's ordinances as to the appropriateness to allow political signs in the public right -of -way. Background The following are proposed changes to Sec. 15- 30.160 regarding temporary political signs. Additions are indicated by background shading while deletions from the current ordinance are indicated by being struck out with a line: Proposed Ordinance 15- 30.160 Temporary political signs. (a) Sign restrictions. A temporary political sign may be erected only in accordance with the following restrictions: (1) No temporary political sign may be illuminated in any manner other than by previously existing lighting sources normally used for illumination of the area where the sign is erected. (2) No temporary political sign may be affixed to any pole or wire appurtenance thereof on which is attached any traffic sign, traffic signal, street sign, parking sign or other traffic control device installed by any public agency for public information purposes, nor may any temporary political sign be erected in a manner or place that will obstruct normal visibility of such traffic signs, traffic signals, street signs, parking signs or. .. >:.;:. >:: >:.;:: ;;:.. other traf f is control devices o.... in.:>::iant ....ter....ae....tb...::,�r.�. (3) No temporary political sign may be erected upon or affixed to any sidewalk, crosswalk, police or fire alarm system, hydrant, or any public building or other public structure. (4) No temporary political sign may be erected within or upon any public highway, public street, uI':t or public right of way in a fnannei ei- g laee that w34l =ebat' _._ ....... T„-- r— a— :,re#-e r t -L9 line vr sight er ether.. -*-- eenstitttte —a —safe; j hazard far vehietrlar ar pedesti4an t r f h�ghway, street errrght o f way. (5) No temporary political sign may exceed an area of five square feet. (6) No temporary political sign may be erected having bracing or backing material thicker than one -half inch except for support posts firmly planted in the ground. (b) Duration and removal. A temporary political sign may be erected not more than forty -five days prior to the day of the election to which it related and shall be completely removed not later than five days after the date of such election. Results of Chancres The main proposed change to this section is prohibiting temporary political signs in the public right -of -way. This will limit temporary political signs to private property only. A copy of the existing temporary political sign section has been attached for comparison purposes as well as a list of. other city's regulations. IS- UGO Temporary Political s,, (a) Sign eeW I dow A temporary political signmay be eructed only in aoxm*= w9b tbe'folloamg regric- tio= (1) No temporary political sign may be illuminated in any manner other than by previously e=tmg lighting sources normally used for illrmmiDadon of the area where the sign is erected. (2) No temporary political sire may be affixed to soy pole or wire appurtenance dw eof on which is attached any traffic sign, traffic signal. street sign, parking sign or other traffic control device installed by any public agency for public information purposes. nor may any temporary political sign be erected in a manner or place that will obstruct normal visibility of such traffic aigns, traffic signals, street signs, paling signs or other uaf5c control devices. (3) No temporary political sign may be mud upon or affixed to any sidewak crosswalk, police or fire alarm system, bydranL or any public building or other public structure. (4) No temporary political sign may be erected witbm or upon any public highway. public sum-or public right of way in a manner or place that will obstruct a motorist's lime of sight or otherwise constitute a safety hmwd for vdncWar or pedestrian uaffic upon such highway, street or right of way. (S) No temporary political sign may exceed an area of five square feet. (6) No temporary political sign may be erected having bracing or backing material thiclaer than ow -half inch. except for support poets firmly planted in the grtwad (b) Damtiou and renwvaL A temporary political sign may be erected not more than forty -five days prior to the day of the election to which it relates and sball be com- pletely removed not later than five days after the date of such election. Comparison of Cities: Max. Area Max. days Max. days Permitted (sq. ft.) prior after Saratoga (proposed) 5 45 5 Private property only Saratoga 5 45 5 Public right -of -way (current) a n d p r i v a t e property Los Gatos 18 - 10 Private property (resid) 6 only Los Altos 16 61 5 Private property and front yard landscaped areas in public right -of -way adjacent to private property Menlo Park - - 7 Private property only Portola 2 - 1 Private property Valley only Danville 6 - 10 Private property only Moraga 6 - 10 Private property only Mill Valley 16 45 5 Private property only Cupertino 4 90 12 All zones of the City Campbell 12 75 total 15 Private property only Problem #2 SPECIAL EVENT SIGNS Definition of Problem Other than grand opening signs, there is no provision allowing special event signs that pertain to advertising commercial events. The Chamber of Commerce has indicated a need for these type of special event signs and has supported the interim temporary sign ordinance which allows this type of advertising. Background The following is a proposed addition to the Sign Ordinance concerning special event signs. Currently, there is an interim ordinance in effect that involves temporary signs and banners that will expire in April 1995. This new proposed section is modeled after the special event sign section for the City of Los Altos and contains excerpts from the current interim ordinance. Additions are indicated by background shading while deletions from the current ordinance are indicated by being struck out with a line: Proposed Ordinance 15- 30.020 Definitions. (o) Special event sign means a temporary sign pertaining to events of civic, community, philanthropic, educational or religious organizations, wrest — are - net eeneltietea eenne tie n wi-th the 15- 30.100 Signs in commercial districts. No sign of any character shall be permitted in a C district except the following: (k) Special event signs, subject to the regulations prescribed in Section 15 -30. new- emeeeding ten square feet area, fflay be perfaitted, pr- - ide such signs are r-= d f er net mere than thirty rt-er te- the -event and -.- zemeved within t _° - elaye a-f teaaet -a =�r (1) Temperary grand epenin-9 signs er banners, net emeeea' _ twenty square feet in area, epeet eel t a annettnee the eammeneemenef a--new buss-s- estabiis went . Sueh- signs sha 1 1 ncat be d4 :sp - 1 d me _ than thirty days. Results of Changes The main proposed changes to the original sign ordinance are as follows: 1) The definition of "special event sign" has been added to include commercial operations. 2) Sign size has been regulated in accordance with the length of primary building frontage. 3) The maximum size of a banner has been increased from ten (10) square feet to forty (40) square feet. 4) The maximum number of days a banner can be displayed has been set at 60 days /year, the days not needing be consecutive. 5) The maximum area for a temporary grand opening sign or banner has been increased to forty (40) square feet from twenty (20) square feet and is subject to all the regulations of a special event sign. 6) Property occupied by more than one place of business may di.splay no more than two banners or flags at one time. 7) Banners and flags must be in good repair. 8) An administrative permit and fee shall be required prior to installation of a temporary banner or flag. A copy of the current sections that regulate special event signs has been attached for comparison purposes as well as a list of other city's regulations on special event signs. (o) Special event sign means a tempocaty sign PMUiD- ing to eveaM af•dAC, eotamt pity, philanthtopic, educational or religious ogAu rations, which we not conducted in connection with the operation of a commercial enterprise. 15- 30.030 Prohibited signs. The following signs are prohibited:. (a) Reflective, flashing or moving signs, except for public service time and temperature signs which shall not be flashing, animated or revolving in nature. (b) Portable signs, except for open house signs, political signs and special event signs which comply with the regulations of this Article. (c) Streamers, banners, balloons, flares, flags, pennants, twirlers and similar attention getting devices, with the exception of the following: (1) One national, state and local governmental flag properly displayed upon a single flagpole. (2) Holiday decorations, in season. (3) Grand opening and special event displays which comply with the regulations of this Article. (d) Any sign affixed or anacbed to any vehic ie or trailer, unless the vehicle or trailer is intended to be used in its normal business capacity and not for the primary purpose of advertising a use or event or attracting persons to a place of business. (e) Signs or sign structures which by color, wording or location resemble or conflict with traffic control signs or devices. (f) Signs that crate a safety hazard by obstructing the clear view or safe movement of vehicular or pedestrian traffic. (g) Signs that obstruct any door, window, fire escape or other emergency exit of any building. 15- 30.100 Signs in commercial districts. No sign of any character shall be permitted in a C district, except the following: (a) Identification signs which comply with any one of the following standards: (1) One -half square foot of area for each foot of width of the front elevation of the building and side elevation on the street side of a corner lot; or (2) One-fourth square foot of area kir each foot of street frontage of the site; or . (3) one-half square foot of area for each foot of store frontage. The term "store frontage", as used hewn, means that side, or those sides of the building where the main entrance to each business establishment conducted therein is located. For the purposes of computing sign aces hemun- der, no single business establishment may have a main entrance on more than one side of the same building. In no event shall the aggregate aces of all identification signs upon a site exceed forty square feet for each use upon such site. (b) Directional signs, each not exceeding three square feet in area and five feet in height Such signs may be free standing. If more than two directional signs ate proposed, the number and location of such signs shall be subject to approval by the Planning Director. (c) A free standing identification sign for a site con- taining five or mere separate uses, not exceeding forty square fed in area. Such sign may be in addition to all other signs permitted under this Section. (d) A bulletin board, not exceeding twenty square feet in area and ten fed in height. on the site of a religious institution, provided the content of the bulletin board relates to an activity conducted at. or sponsored by, the religious institution. Such bull= boards may be free standing. (e) An identification sign, not exceeding sixteen square fed in area. on the site of a multi- family dwelling, motel or hotel. Such sign may be free standing. Signage for the uses referred to herein shall be regulated by this Paragraph and not Paragraph (a) of this Section. (f) A nonilluminated real estate sign. not exceeding twenty -four square feet in area. The sign may be free standing, but in such event shall not exceed four feet in height (g) Temporary construction signs, subject to the regu- lations prescribed in Section 15- 30.130. (h) Public interest signs, subject to the regulations prescribed in Section 15- 30.140. (i) Temporary political signs, subject to the regulations prescribed in Section 15- 30.160. 0) Gasoline price signs, subject to the regulations prescribed in Section 15- 30.170. (k) Special event signs, not exceeding ten square feet in area may be permitted. provided such signs are posted for not more than thirty days prior to the event and are removed within two days after such event (1) Temporary grand opening signs or banners. not exceeding twenty square fed in a= may be permitted to announce the commencement of a new business estab- lishment Such signs shall not be displayed mere than thirty days. Comparison of Cities: Banner A -frame Max. time Max. Max. allowed (sq.ft.) (sq.ft.) (days /yr) Saratoga (proposed) 40 prohibited 60 Saratoga 10 prohibited 32 (current) Los Altos 10 4 60 Los Gatos 1 /1frontage prohibited 15 Danville .75/1 frontage 5 45 Mill Valley 12 prohibited 28 Cupertino 100 32 120 Campbell 40 prohibited 120 Chamber of 40 16 120 Commerce Request Problem #3 OPEN HOUSE SIGNS Definition of Problem The Board of Realtors has stated that the current ordinance does not provide sufficient advertising and direction to open houses. Background The following are proposed changes to Sec. 15-30.150 regarding open house signs in residential districts. Additions are indicated by background shading while deletions from the current ordinance are indicated by being struck out with a line: Proposed Ordinance 15-30.150 open house signs in residential districts. (a) Non illuminated open house signs are permitted in any zoning district, subject to the following restrictions: (1) There shall be no more than one open house sign oriented in the same direction at any intersection. ............ ........... (2) The open house sign shall not exceed one Wb" square feet of area and four feet in height, and shall ... Be"' fixed to a ............... ............... single pole of wood or metal material, or shall be an "All frame, free-standing sign. (3) No open house signs shall be located in medians. (4) No open house sign shall be placed upon any public property; provided, however, where the public right-of-way extends into a parkway strip or the planted area adjacent to the curb, between the street or curb and adjacent private property, an open house sign may be placed within such parkway strip upon obtaining permission from the owner of the adjacent private property. (5) No open house sign shall include balloons, ribbons, streamers, or other appurtenances. (6) No open house sign shall be placed upon any private property without first obtaining permission from the owner of such property. (7) An identification shall be printed upon or affixed to every open house sign indicating the name, real estate company affiliation, address and telephone number of the sign owner. (8) Each real estate company shall apply and receive approval for an annual encroachment permit from the City Engineer. The encroachment permit shall be valid for one year and shall be renewed annually. The encroachment permit shall be valid only for employees, independents, or affiliate members of the real estate company. (9) The open house sign shall be removed each day after the closing of the open house for that day, and no later than 6 P.M., November 1st through March 31st; and 8 P.M., April 1st through October 31st. (b) I any.. open douse sign is found to violate any of the restrictions contained in this Section, then notwithstanding the provisions of Section 15- 30.200, such sign may be summarily removed by the Maintenance Director or his representative, or any Community Service Officer, or any other City employee authorized by the City Manager to remove such sign. The sign owner shall be responsible for payment of a fine in the amount of Fifty Dollars for each sign so removed. In cases where a duly authorized. representative of the City has direct contact with the violator of these provisions, this person shall be responsible for the payment of the aforementioned fines. A written notice of the removal shall be given to the sign owner stating that the sign may be given to the sign owner stating that the sign may be reclaimed within ten days and will be returned to the owner upon payment of the fines specified herein, except that no such notice shall be required if the owner is not identified on the sign. In the event the sign is not reclaimed within the time allowed to do so, the sign may be destroyed or otherwise disposed of by the Maintenance Director. Unclaimed signs may be sold to real estate companies, their employees, independents,or affiliates, at a price determined by the Planning Director. Results of Changes The main proposed changes to this section are as follows: 1) The maximum area size of the open house sign is increased from one square foot to two square feet. 2) Open house signs may only be displayed when the house is open for inspection. 3 ) Open house signs are prohibited from travelled portions of public right -of -way, public sidewalks or walkways, or in any manner which would impede the movement of vehicles, bicycles, or pedestrians. A copy of the existing open house sign section has been attached for comparison purposes as well as a list of other city's regulations. 15-30M% open home s*m to to (a) NonillifflMamd open house signs are permitted in any zoning district, sukm to the following reatricrioat: (1) There shall be no moue than we open house sign oriented m the same direction at soy mteta =on. (2) The open home sign shall not exceed one square foot of area and four feet in height, and shall be fixed to a single pole of wood or metal material, or shall-be an "A" frame, hu-standing sign. (3) No open house signs shall be located m medians. (4) No open house sign shell be placed upon any public pmpeny., provided, however, where the public right -d-way extends into a parkway strip or the planted area adjacent to the nab, between We street or nab and adjacent private property, an open house sign may be placed within such parkway strip upon obtaining permission from the owner of the adjacent private property. (5) No open house sign shall include ballooa5, ribbons, streamers, or other apputua mes. (6) No open house sign shall be placed upon my private property without first obtaining pamissino from the owner of such property.. M An identification shall be printed upon or O axed to every open house sign indicating the name, real estate company affiliation, address and telephone member of the sign owner. (8) Each real estate company shall apply and receive approval for an annual encroachment permit from the City Engineer. The encroachment permit shall be valid for one year and shall be renewed annually. The encroachment permit shall be valid only for employees, independents or affiliate members of the real estate company. (9) The open house sign shall be removed each day after the closing of the open house for that day, and no later than 6 P.M. November 1st through March 31st and 8 P.M., April 1st though October 31st (b) If any open home sign is found to violate any of the nattier wee; contained m this Section, then nomth- standing the provisions of Section 15- 30200. such sign may be summarily removed by the Maintenance Director or his wp octuative, or any Community Service Office, or any other City employee authorized by the City Mmiger to remove such sign. The sign owner shall be responsible four payment of a fine m the amount of Fifty Dollars for each sign so removed. In cam where: a duly authorized repr sett aoive of the City has direst contact with the vioietor of dme provisions, this person shall be responsible for the payment of the aforementioned fines. A written notice of the removal shall be given tD the sign owner staomg that the sign may be tamed within ten days and will be tettrmed to the owner upon payment of the fine specified barem, except that no such notice shall be required if the owner is not identified an the sign. In the event the sign is not reclaimed within the time allowed to do so, the sign may be destroyed or otherwise disposed of by the Mainte. nance Dircaw. Unclaimed signs may be sold to real estate companies, Wee employees, independents, or affiliates, atapricr- demmined by the Planning Director. (Amended by Ord. 71.95 § 1, 1991) Comparison of Cities: Maximum Area Maximum Permitted (sq. ft.) Height Saratoga 2 4 ft. No more than one sign (proposed)_ oriented in the same direction at an intersection Saratoga 1 4 ft. No more than one sign (current) oriented in the same direction at an intersection Los Altos 4 2.5 ft. Max. of one sign per corner of an intersection directing traffic in any one direction Los Gatos 1 4 ft. No more than one double - faced sign per corner of an intersection or zoning plot Carmel 3 - No more than one sign limited to private property and public right -of -way adjacent to the property with an encroachment permit Danville 6 6 ft. Private property only Moraga 4 - Each property allowed one sign per intersection not further than closest main. thoroughfare intersection' Mill Valley 3 - No more than one sign limited to private property Cupertino 4 - Max. of three signs per parcel with a unit for sale Campbell 12 - Private property only Chamber of 2 4 ft. No more than one sign ver Commerce Request company oriented in the same direction at any intersection Problem #4 SIGNS ON MAJOR ARTERIALS Problem Area: Saratoga - Sunnyvale - Rd. tracks and Prospect Rd. Definition of Problem between the RxR Business owners have indicated that current sign provisions do not allow adequate identification because of high speeds, building setbacks, and limited visibility. Background Shopping centers where there are several minor tenants (e.g. Azule Crossing) are having problems with drivers seeing their signs from the road on the high speed arterial. Also, shopping centers are situated on lots that have a small amount of frontage and are set far back from the road. Questions that need to be addressed: 1) How can shopping centers be better advertised on major arterials? 2) What type of sign is Ground sign? 3) What is an appropriate 4) What is an appropriate Possible Solutions: most appropriate? size for a sign? height for a sign Pole sign? (1) Increase the size of freestanding frontage signs as well as the size of letters. Each tenant can be designated an equal square footage for the frontage sign (e.g. 6 sq. ft. each) so all tenant signing can be seen from the road. Pros: a) Location of tenant signs will be more visible from the road. b) Signs will be neat and orderly with equal sized spacings for each tenant. Cons: a) Larger signs will be less aesthetically pleasing. b) Street will be more cluttered with larger signs. (2) Each tenant is allowed a maximum square footage of signage that can be their choice as to where they wish to display it. For example, if their store fronts the road, they would most likely prefer to put the majority of their allowable signage on the actual building where the store is located. If a store is located in the rear of the shopping center, they could have a portion of their allowable square footage to be located on the frontage sign. Pros: a) Tenants would have a choice as to where they want their advertising to be located. b) Would allow all tenants to be advertised from the street. Cons: a) Signs would look cluttered with different sized spacings for tenants. (Ordinance could restrict maximum size of sign) b) Keeping track of different businesses and their total square footage. (3) The freestanding frontage sign area could be proportional to the area of the developed site as opposed to the length of frontage. Pros: a) Would be more representative of the property and it's tenants than the small length of road frontage. Cons: a) Signs could end up being too large for the amount of frontage. (4) Reduce the speed limit. Problem #5 ANTI UATED SIGN PROGRAMS Definition of Problem Sign programs may become outdated and new styles of signs or advertising become appropriate. For this reason a provision needs to be allowed in the sign ordinance to update sign programs.. Background A sign program is an established set of criteria or standards that are applied to signage on a site containing multiple tenants such as a shopping center or business complex. The intent of sign programs is to ensure the compatibility of signs within the building or complex and compatibility with the project architecture. These programs are approved by the City and may include such standards as area, dimension, color, material, design, size, or illumination of signs. Questions that need to be addressed: 1) How do we determine if a site needs an updated sign program? 2) How do we go about updating sign programs? 3) How long do we allow for a new sign program to be implemented? Possible Solutions: (1) Have shopping center owners require tenants to update their signs when renewing their lease. Pros: a) Eventually all tenants would be required to comply. Cons: a) Some leases can be up to five or ten years long which would delay the updating of signs. (2) For multiple occupant projects existing prior to the requirement for a sign program, a new program can be established at the time the first modification of an existing sign is proposed. (3) The City could propose a sign program change to the Planning Commission or City Council if it feels that a sign program is outdated or the signs have reached a point of dilapidation. Problem #6 WINDOW SIGNS Definition of Problem There is no provision in the current ordinance addressing window signs. Typical window signs can be put up and taken down which makes enforcement impossible. Background Community Development staff constantly recieves complaints regarding window signs since the City has no specific standards. Therefore, staff finds it very difficult to tell a business owner to remove their sign. This new proposed section is modeled after the window sign section for the City of Los Altos. Additions are indicated by background shading while deletions from the current ordinance are indicated by being struck out with a line: Proposed Definition Proposed Ordinance PLANNING COM IISSIC vUNUPES JULY 12, 1995 PAGE - 18 - 95 -030 PER THE STAFF REPORT. THE MOTION CARRIED 5-0 WITH COMMISSIONERS CALDWELL AND PATRICK ABSENT. 7. AZO- 95-003 - CITY OF SARATOGA Consideration of a draft Ordinance amending Chapter 15 -30 of the City Zoning Ordinance relating to standards for the placement of temporary signs in Commercial Zoning Districts and consideration of a draft ordinance establishing interim standards for temporary signs in Commercial Zoning Districts (cont. from the 6/28/95 public hearing meeting at the recommendation of staff). Planner White presented the staff report. He informed the Commission that this item was a direct result and product of the Sign Ordinance that was initiated by the City Council in the fall of 1994. Planning staff went through the process of identifying a number of different issues relating to -signage in the City (i.e., special event signs, open house sign, signs on major arterials, antiquated sign programs, window and neon signs in the Village area). He indicated that the Planning Commission held a number of work sessions and public meetings to discuss these issues and also to work out alternatives or possible solutions to identified problems. Also, the Commission met with the representatives of the business community, specifically with the Chamber of Commerce and representatives of the Village Merchants. In June, the Planning Commission directed staff to proceed with an ordinance amendment that is before the Commission this evening. He recommended that the Commission review the draft ordinance amr^�m and forward its recommendation to the City Council to adopt the ordinances. Chairman Murakami asked staff clarification of Exhibit "A ", subsection (m)(5) Exceptions which excludes the Village area from having temporary signs or banners. Planner White noted that the Village area was involved in discussions. However, staff and the Commission tried in great length to get some consensus from the Village business owners but that a consensus could not be reached. Therefore, it was it upended that the Village be excluded from this amendment. Commissioner Abshire noted that Exhibit "B" stipulates that the interim standards for the Placement of temporary A -frame type signs would be in effect for a six month period. He asked what would be the next action plan following the six month period. Planner White responded that an assessment would need to be made following the six month period to determine how the amendment was working or whether there were any complaints or concerns filed as a result of permitting A -frame signs. Commissioner Kaplan asked if each store front would be allowed to have two A -frame signs as defined in Exhibit "B", Section Le) Planner White clarified that two A -frame signs would be permitted for each store front. Commissioner Kaplan stated that she did not recall the approval of two A -frame signs and indicated that she had trouble allowing one A -frame sign. Chairman Murakami opened this item to public hearing at 10:18 p.m. There was no one in attendance to speak on this item. COMMISSIONERS ASFOUR/SIEGFRIFD MOVED TO CLOSE THE PUBLIC HEARING AT 10:19 P.M. PLANNING COMMISSIO. MUTES JULY 12, 1995 PAGE - 19 - COMMISSIONERS SIEGFRIED /ABSHIRE MOVED TO APPROVE STAFF'S RECOMMENDED DRAFT ORDINANCE AMENDMENTS AND TO FORWARD STAFF'S RECOMMENDATION TO THE CITY COUNCIL. THE MOTION CARRIED 5-0 WITH COMMISSIONERS CALDWELL AND PATRICK ABS�. 8. AZO -954)04 - C1TY OF SARATOGA Consideration of a draft Ordinance ame ing Chapter 15 -30 of the City Zoning Ordinance relating to the prohibition of signs within the Public Right -of -Way (coat. from the 6128 /95 public hearing at the recommendation of stem. Planner VYtte presented the draft ordinance amendment regarding signs in public right -of- ways. He that the proposed ordinance � would prohibit all signs ' the public right -of- way with the lion of certain public notices, public safety signs house signs which are permitted separate regulations in the existing sign Staff recommended that the Commission view the draft ordinance and forward an recommendation to the City Council. He that the City Attorney was evening and would answer any questions of a le none relating to the draft . Commissioner Siegfried as to the legalities of kind of a blanket restriction. City Attorney Ri'back stated that on his research proposed amendment, he found that so long as the ordinance is neutral, it is a ordinance. The City would not be able to prohibit political signs nor any other This would be an invalid action which would be viewed as a violation the first Commissioner Kaplan asked why once signs would be exempt from the proposed ordinance amendment. City Attorney clarified that open house signs are considered to be directional and that they are not issues and because of that, they are taken out of the content issue entirely. Chairman Murakami asked clarification political signs. City Attorney Riback confirmed that it would be ' to place political on utility poles or in the public right -of- way. Chairman Murakami this item to public hearing 10:25 p.m. There were no SP 6= present to address this item. 'CO111MISSI0,14ERS KAPLANISIEGFRIED MOVED TO CLOS PUBLIC HEARING AT 10:26 P.M. oner Kaplan stated that sbe was strongly opposed to an such as this one felt that what makes a community operate was the fact ' can cmmunicate. She Fsbe that it was imperative that individuals know who is running for o She felt that a 'cal candidate with a limited budget would be put out of the political Chairman Murakami stated that he felt that this proposed ordinance amendment was too SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. Z (P (21 MEETING DATE: Oct. 4, 1995 ORIGINATING DEPT. Community Development AGENDA ITEM CITY MGR. SUBJECT: Adoption of Modification to Nuisance Abatement Ordinance RECOMMENDED MOTION: Adopt ordinance modifying the City of Saratoga Nuisance Abatement Ordinance. REPORT SUMMARY: At the April 11, 1995 Council study session, the City Manager briefed the Council on the problem and limitations of the existing nuisance abatement ordinance. Council directed staff to move forward with a proposal to modify the existing ordinance. Subsequently, staff drafted modifications and submitted the proposal at the regular City Council meeting on Aug. 16, 1995. During that meeting, Council requested that the presentation format be changed. At the Sept. 20, 1995 City Council meeting the changed ordinance was introduced. Adoption of the, modified ordinance is the final step to enact the modifications. FISCAL IMPACT: The City will experience a substantial reduction in City Council, City Attorney and staff time associated with nuisance abatement. In cases when a nuisance has been declared, the City will recover associated expenditures through the "Payment of Abatement Costs" provision of the proposed ordinance. ADVERTISING, NOTICING AND PUBLIC CONTACT: None required. CONSEQUENCES OF NOT ACTING ON THE RECOMMENDED MOTION: The existing nuisance abatement procedure will continue to battle administrative obstacles in the abatement of public nuisances. FOLLOW UP ACTION: 1 ..i' Enactment of the new ordinance in 30 days. ATTACHMENTS: 1) Ordinance adopting modifications to the Saratoga City Code, Article 3 -15 c: \wp60 \docs \abate3.sum 2 J 195 05:15 CANTOR 6029220208 TO: 408 741 1132 SARATOGA CITf COUNCIL EXECUTIVE SUMMARY NO. 2- W I AGENDA ITEM S FETING DATE: OCTOBER 4, 1995 CITY XGR.: ORIGINATING DEPT.: PUBLIC WORKS DEPT. HEAD : 1516/,61/; SUBJECT: Summary vacation of remaining portion of Esterlee Avenue Recommend d Motion "01 Move to adopt the resolution Esterlee Avenue. Report Su mary: sting the remaining portion of The City has been requested by the owner of the sole property fronting on what is known as Esterlee Avenue to abandon the street for specific reasons authorized y the Streets & Highways Code. The City Attorney has reviewed the request along with staff and has determined that the criteria for summary abandonment are satisfied and that the Council can act In the request by adopting the attached resolution which he ha drafted. The resolution sets forth the findings for causing a uam►ary abandonment of the street and if adopted, would cause the r ining portion of Esterlee Ave. to be absorbed by the abutting pr party owners. Esterlee Avenue, formerly known as Sage Street, appears on the old subdivision maps of Saratoga Village. As depicted on the maps, the street was to connect Canyon View Drive to Springer Ave. However, the street was never improved and at some point in time before the City was incorporated, the eastern half of the street was formally abandoned by the County of Santa Clara. The remaining western half of the street abuts only one prop rty, and it is the owner of this property who is requesting its andonment at this time. All of the utility agencies w] interest in preserving Esterlee potential abandonment, and none it. There are no existing or pla street, the street has never bee City has never expended any funds property which could be served b Canyon View Dr. In light of thi the Council adopt the attached re remaining portion of Esterlee Av ich could potentially have any Ave. have been notified of the have expressed any opposition to fined utility facilities along the L utilized by the public, and the to maintain the street. The one the street has direct access to se facts, it is recommended that solution to summarily abandon the P03 195 05:15 CANTOR Fiscal ImoactsI 1 6029220208 TO: 408 741 1132 PO4 The property owner requesting abai reimbursed the City for all costs e the request. Additionally, aband the City's exposure to certain unimproved streets, and may resul the improved development potential it absorbs the abandoned portion c As stated, all utility agenc abandonment request. The street would not be abandon compelled to approve the request. status quo instead. flow Up Actions: The resolution will be recorded. Attachments: torment of the street has fully isociated with the processing of nment of the street may reduce iabilities in connection with in additional revenues due to of the abutting property after Esterlee Ave. i have been notified of the The City Council is not You may opt to maintain the 1. Resolution of summary abandonee t with exhibits. 2. Letters from utility agencies. (to be delivered Monday) ..---- SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. '2,� I D AGENDA ITEM MEETING DATE: OCTOBER 4, 1995 CITY MGR.: ORIGINATING DEPT.: PUBLIC WORKS DEPT. HEAD: SUBJECT: Pierce Road Bridge Replacement (Capital Project No. 953) - Award of Construction Contract Recommended Motionls 1. Move to declare Jones Bros., Inc. of San Jose to be the lowest responsible bidder on the project. 2. Move to award a construction contract to Jones Bros., Inc. in the amount of $411,694. 3. Move to authorize staff to execute change orders to the contract up to $25,000. Report Summary: Sealed bids for the Pierce Road Bridge Replacement (Capital Project No. 953), were opened on September 28. A total of three contractors submitted bids for the work and a summary of the bids received is attached. Jones Bros., Inc. of San Jose submitted the lowest bid of $411,694 which, although is 30.4% above the Engineer's Estimate of $315,760, appears to be a fair price for the work to be completed. Staff believes that the Engineer's Estimates for structural concrete work (Bid items 8, 9 and 15) are too low and do not reflect accurate costs for this type of work. Consequently, the Engineer's Estimate is not a good measure of the reasonableness of the bid in this case and should be discounted. Staff has carefully checked the low bid along with the listed references and has determined that the bid is responsive to the Notice Inviting Sealed Bids dated September 6 and that it meets all of the requirements for federal -aid contracting. Therefor, it is recommended that the Council declare Jones Bros., Inc. to be the lowest responsible bidder on the project, and award the attached construction contract to this firm in the amount of $411,694. Further, it is recommended that the Council authorize staff to execute change orders to the contract up to an amount of $25,000 to cover any unforeseen circumstances or quantity increases which may arise during the course of the work. Fiscal Impacts• The adopted budget for Capital Project No. 953 is $338,750, of which $326,750 is programmed for construction. Funding for the project is through the federal HBRR Program which will reimburse the City 80% of eligible construction and construction management costs. The remaining 20% of project costs is funded through a local match. Staff estimates that the total cost to complete the project will be $450,000, or $111,250 more than what exists in the adopted budget. On Monday of this week, staff submitted a request to the FHwA for a supplemental appropriation of HBRR funds to cover the additional amount and received confirmation yesterday from Caltrans that the request was approved. This means that1while the City will receive an additional $89,000 in HBRR revenues for the project, an additional $22,250 in local matching funds must be provided. According to the Finance Director, the Gas Tax Fund (Fund 14) has sufficient funds within it to support the additional local match requirement. If the Council approves the award of the construction contract, a resolution will be prepared for your next meeting to amend the budget by reflecting the additional revenues and authorizing the additional expenditures for the project. Advertising, Noticing and Public Contact: Nothing additional. Consequences of Not Acting on the Recommended Motions: Jones Bros., Inc. will not be declared the lowest responsible bidder and a construction contract will not be awarded to that firm. The Council may make specific findings to declare another bidder to be the lowest responsible bidder, or reject all of the bids and direct staff to re -bid the entire project. However, staff does not believe that a significantly lower bid will be obtained by re- bidding the project to warrant doing so. If the project were re -bid, it would eliminate any possibility of completing the project this year. Follow Up Actions: The contract will be executed Notice to Proceed. Work will and be complete by the end of Attachments: 1. Bid Summary. 2. Construction Contract. and the contractor will be issued a most likely begin within two weeks the year. I CITY OF SARATOGA -- - - - - -- I 1 PIERCE ROAD BRIDGE REPLACEMENT, C.I.P. NO. 953 I I I BID SUMMARY I 1 1 - -- 1 ENGINEER'S ESTIMATE I JONES BROS., INC. I PROGRESSIVE PACIFIC I FRANCIS CONSTRUCTION, INC 1 ITEM - - -1 OUAMITY I f1 ITEM DESCRIPTION -1 I UNRB 11 UNIT PRICE 1 I I -- TOTAL--- - -LBJR PRICE �- -TOTAL -1- -UNIT PRICE I I__- TOTAL I _- "•-- '--- UNIT PRICE I --- -.I TOTAL 1 I - --- - ---- CREEK PROTECTION 1 I - - - - -- I- 1 1 --I -- LS -- -'---- I I N/A 1 I I I - - -- - -- I - 510,000.00 I - - - - -- I - N/A 1 --1- -- I $10,000.001 - --- - -- I N/A 1 .... - -- 329,000.00 I N/A 1 $10,000.00 1 12. 1 BRIDGE REMOVAL 1 ----- I- -I 1 I LS -_ - I I N/A 1 II---- I- - - -- - - -I - $25,000.00 1. - - -- I-- N/A 1 - - - - -I $25,000.00 I - -- I N/A 1 -- I- $42,000.00 1 - - - - -- I - N/A ( -- I $25,000001 13. 1CLEARING AND GRUBBING I - 1 - - -I- 1 1 Ls - I I N/A 1 -- - - - -I $4.000.00 I -I N/A 1 -I- $1,000.00 1 -- - -'I N/A 1 -- I---- $10,345.00 1 -- I-- N/A 1 - -- - -I 55,00- 1 1. i RELOCATE SIGNAGE/MAILBOXES -i -- -I 1 1 I LS 11 N/A I I 5500.00 i I- I - N/A 1 --- I - (1,500.00 1 - -- I N/A 1 I ------ (3.00000 1 I N/A 1 --- $2,771.52 1 I5. I I ROADWAY EXCAVATION 1 I - - - - -- I -- 4501 I _II CY -- II (15.001 I I- 38,750.001 I I $20.001 I - 59,000001 - -- I____ 520001 I 30,000.001 I 520.251 - -- I $9,112501 18. 1 STRUCTURE EXCAVATION 1 I - - ------ - --- I - 751 I -I CY - -- I I $50.00 i, I I - --- $3,750.00 1 I $50.001 - 53,75000 j -- $100001 I-- $7,50000 1 -- - --- I .461 - --- -- -I S4,309.501 I - -- 1ERO6ION CONTROL (TYPE C) 1 - -I - - - -I -- -- -- 1 I I - -- -I LB - -- - -- -- 11 N/A 1 II I - -- - 52,000.00 1 I - - ---- I -- N/A 1 - ----- I f1,00000 I --- ---- I - N/A 1 - - -- I --- $3,000.001 - ----1 N/A 1 -- -----1 $2,13818 1 18. I--- 1C.I.D.H. CONRETE PILING 1 -I I --- 250 1 I - LF - --- - 11 5750.00 1 II I-- - -- 537,500.00 1 -- -I -- $241.001 I--- 580,250.001 -- - -I - 570.001 -- I- 517,500.00 1 1 ---- 541298 1 6103,215.00 1 I9. 1 REINFORCED CONCRETE STRUCT. 1 - _- -_ - -�_ 110 1 - CY - - -- 11 540000 1 I I I__ - -- - -I 544,000.00 1 I_ I- $888.00 1 I--- $95,2x0.001 - -- -I- 675000 1 I--- $82,500.00 1 -I - 654309 1 - -- I 659,739.90 i 110. 1SUBDRAIN I -- I - - -- 71 11 535.001 I- -_ 52,590.001 529.001 - I- $2,148001 550.001 I---- (3,700001 I_ $19.551 -___ I $1,148701 111. 1 - STRUCTURE BACKFILL 1 KFILL -- I ---- -- - -1 951 -I CY -I I I 545.001 I I- - - - - -1- $4,275.001 I- 1 $52.001, I- - 54,940.001 - - -I- 575.001 1- 57,125.00 1 -- -- - - -I 564.171 $a.124.651 112. - - - -- 1 ROADWAYEMBANKMENT �- -- --I ----- 320 ----1 I---- - -I - --- - 11 (35.001 II--------- I_ --- - -- $11,200.001 I--------- I - 532.001 -- -T-- I --- 510200 - I - -- I - - (60.001 -- -I - (18.200.001 - -- I- 538.971 --- - -- 511,830. -I 113. ---- 1 MISCELLANEOUS METAL 1 i -- - - - - -- I-- --- 1 1 --- I LS ..._._--00.0--- N/A I I 1 I I- 55,50 1 I I- N/A 1 -- - - - - -I - $500.00 1 - - -- I- N/A 1 - ---- I'- 510,000.00 1 ------- L -. N/A 1 -... --- - -I $5,11289 1 111. I - --I 1 PRECAST CONC. BRIDGE MEMBER 1 -- -- -- -i---- - 7 1 - - -I EA --- - - -- I I $8,000.001 I I- - - --- -- $56,000.00 ( ----- I ---- 58,98400 1 --- I-- $82,748.001 - -- --- I - - 3x,000.00 1 -- - I-- (58,000.00 I ---- -/A I' $10,137.30 I --' -- - - - -1 570,981.10 1 115. I 1 REINFORCED CONCRETE STRUCT. 1 1- -I 85 1 -I CY - -- - --- I I 512500 1 - - -I -- 523,375.00 1 I - 581300 1 - -- I --- (33,715.001 -- -1 -- (500.00 1 -- I -- $27,300.00 1 - - - - -- 117819 - 118. - - -- -I -- -- ---- --- (BRIDGE RAILING 1 I------ - - - - -- - I - - - --1 1251 - -- I LF I I- I - - I1 $130.001 I- I - - -- I- 518,250.001 I I- 5700.001 I- (12,500.001 -- - -I - -- 640.001 I---- 65,000.001 1 - --I - -- $138131 528,208.95 1 -- -I (17,018.251 117. (CATCH BASINS 1 --- - - - - - -- I- - - - 21 - I - - - -I EA II - - - $1,500.001 I I -- -- 53,000.001 I - I - - $2,BUO.00 1 -- i- - 55.20000 I --- - (3,000.001 1------ 38,000.001 4,13 63,874.13 1 -_ -_ -I 57,348.281 118. 1 REMOVE b REPLACE CATCH BASIN 1 -I 1 1 -i EA I - - - - -- - I (75000 1 - -- - 5750.00 1 -S3,105'0-0 I -- 1 - - - - -I - - 33,100001 - - - -- I 53,800.00 1 - I - - 53,900.00 1 - -- I - 52,888.21 1 -- - - - -I 32,686.21 1 119 1-- -- 112'CORRUGATED METAL PIPE 1 I ------ - - - - -- - - - 73) LF I I I 540.00 1 I I 52,920.00 1 I 551.00 1 I------- 53,723 001 1------- 335.00 1 .I--- 52,555.00 1 ____-- 1_-- 541 18 1 - - - - -1 53,00814 1 1120. - 1SEWER LINE CASING I - - - - - -- --- I - - - - -- I I LF _ I - -- - -- - -- I $75.001 I I - -- - S5,100.001 I - - -- I - $84.001 - - -- - -- I - -- 55,712001 - - -- -- I 525.001 --- I --- $1,700.00 I - - -- -- $47.801 - - -- $3,238.90 1 21 1121 -- -- 1 WATER LINE CASING 1 I - ---- I -- -- 30 1 I - -I LF I - - -- - -- I $75.00 1 I I-- - -- --- $2,250.00 1 I- -- I -- .001 -- -- I - 51,950.001 - -- -- I - - S30.001 -- 5900.00 1 S150.801 -- $4,524.00 11 (SACKED CONC. SLOPE PROTECT 1 I - - - --'- I - - -- _ 401 I -I CV I -- - -- I 5300.00 1 I I ------ - 512,000.00 1 1- - ---- I- - (38200 1 - -- -- I-- 514,4x0.001 -- -' -- I - --- 510.00 1 - I - 3100.00 1 - - -- --- I-- 533500 1 - --- -- I 513,400.00 1 23. 1123. -- ISUBGRADE PREPARATION 1. I - ---- - -'-- -- - 1,0901 - - -I 6F II -- - - - --- '-- $0.501 I I --- 52,015001 - -- -- I - - 51.001 -- --- I -- 54,090 ppI - --- --- I--- $3.001 - -- - -- I - - 512,270.001 - - -- --- 617x1 -- -- -- 57,280201 24 125(GRIND _ -- -- A.C. PAVEMENT -I --------- I_____- 51 Sv -I II - -- - - -- - --- 575.001 I___ 1- -- 5225.001 I- I - - 5100.001 -- - I - 51,500001 -- ----- I - - 540001 -- I -- 5800.001 ---- I - 5144041 - --- -- $2,160601 1CONCRETE V -DITCH 1 I ----- --- -- -- - _I_- 281 __II- LF I _--- I $25.001 I -_ 5700.00 I $55.001 ___--- 51,540001 _I____ 520001 I_______- 5560.00 1 $41 x01 $1,17040 1 25-- 1 AGGREGATE BASE (CLASS II) 1 I- 200 1 TON I -- - -- -- - - I $25.001--- -- I -- $5.000.001 -- - -- I --- $27.001 --- -- I -- 55,400.001 - - ---- I - - -- 545.00 1 - I - - 59,000.00 ( --- - ---1-- $27731 -- - ---- 127 _ 128 -1 _ - --- - - -- - - - 1A.C.PAVEMENT(TYPEB) 1 I---------- - -- I - 771 -I TON II I -- - -- - -- I - ------ $75.O01 I - 55,775.001 -- --- I - 5145.001 - - -- -- I -- E71,185.001 - - ---- I - 5125001 -- -- I - 69,825.001 --- --- - I ' $5,54600 1 - -- - --- -- ---- '- -- I- -- - IA.C. OVERLAY (TYPE B) 1 ----I 561 ---- II-------- LF I I-- I 575001 --- -- -I--- 54,200.001 ---- I---- 585.001 --- --I -- 54,760.001 - -- - -I -- ---I -- $203451 - - ---- -I - $i5,68ri.651 1129 29. 129. I --------- -- - - -- I - - - - I A.C. CONCRETE DIKE (TYPE A) - -- I - I ------- 1-- - - - - -- I - - - - - -- I - - - I 5100.00 1 I 55,600001 5119261 --- - --- $6,676581 1_0 130 1 ETAL-------- - - - -1- - - -- 1 METAL BEAM GUARD RAILING 1 321 80 1 - 80 1 LF LF f - - - -I I LF I I 1 315.00 1 --- - - - -I- ----- 550 5480.00 1 I------- 510.00 1 I------ - -- - = $320.001 - -I - -- -- - -- -- 53000 1 ----- I------- I -- - 5960.00 1 1---- - - - - -'- I -- $14.03 1 - - - -- - I $448 96 1 131 I--- - - - --= - --- 1-- - - - - -I I I -00 1 34,000.00 1 I-------- S43,001 53,440.001 $20 00 1 51,80000 1 - - - - -I $36 17 1 - - - - - -I $2,89360 1 131 132 PAINT TRAFFIC STRIPES 1 STRIPES 4551 -- LF I1 - -- - - - - -I ------- $5.001 52,275.001 I---- $3.001 - - - - -I - - 51.365.001 -- -- - I - 52001 --- - - -I -- E910001 -- - -- I -- 12911 - -- - - -.1 $1,279551 1132 MARKERS ----- - - - (PAVEMENT MARKERS I -�I EA -..II 11 --- - - - - -I --- $5.001 - - -i -- 5700.001 - I-- 520.001 ---- I---- 5400.001 - - - - -I -- E70001 - i - - - 5200.001 -- - -I S14.031 - - - - - -I 33 133. 1-- _ - - - - -- -- - - -- - -- - - - 1TRAFFIC CONTROL 1---- - -� - LS - I I 11 --- - - - - -1 -- N/A 1 - - - - -- I --- 55,000.00 1 - - - - -- I - - N/A I - - - -1 - -- 56,000.001 - - -- -- I---- N/A 5280601 -- -- - - -- - - - -- - I- - - - - 1 FINISH ROADWAY 1 -- I 1 1 -- I I LS 11 -- - - - - -- I - - - - -- I --- - - - = -- I - - - -- I --- 1 - I $13,000.00 1 I N/A 1 I $1 x.73562 1 I134. -- I I ----- ----- - - - --- �- - -- --- I -- --- I I N/A I -- - -- -- I- --- 57,250.00 1 - -- - -- I ---- N/A I - - --- I -- 51,000.001 - - -- I - - - -- - - - N/A 1 i - -- -- - 54,000.00 1 -- - -- . - N/A 1 - - - - 513,422.63 I I- ------ TOTAL - -, - -- ----- ___ II 11 -_I I- I 1 ___- _- I____ $315,760.00 -- 1 -- - - I $111,894.00 I - --- -- ---- I 1 - - -1 -- - I 3438,050.00 1 -- -' -- I .. _. I I - - - s470,0e2.e2 j CITY OF SARATOGA SANTA CLARA COUNTY, CALIFORNIA CONTRACT FOR PUBLIC WORKS CONSTRUCTION PIERCE ROAD BRIDGE REPLACEMENT CAPITAL PROJECT NO. 953 FEDERAL PROJECT NO. BRLS- 5332(MT) THIS CONTRACT, made this 4th day of October, 1995, by and between the City of Saratoga, a Municipal Corporation, in Santa Clara County, California, hereinafter called the City, and Jones Bros., Inc. hereinafter called the Contractor. WITNESSETH: WHEREAS, the City has caused to be prepared in the manner prescribed by law, plans, specifications and other contract documents, for the work herein described and shown and has approved and adopted these contract documents, specifications and plans and has caused to be published in the manner and for the time required by law, a Notice Inviting Sealed Bids for doing the work in accordance with the terms of this Contract, and WHEREAS, the Contractor in response to said Notice has submitted to the City a sealed bid proposal accompanied by a bid guaranty in an amount not less than ten percent (10 %) of the amount bid for the construction of all of the proposed work in accordance with the terms of this Contract, and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the bids submitted and as a result has determined and declared the Contractor to be the lowest responsible bidder and has duly awarded to the Contractor a contract for all of the work and for the sum or sums named in the bid proposal and in this Contract. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: ARTICLE I.- WORK TO BE DONE: That the Contractor shall provide all necessary labor, machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence and overhead expenses of whatever nature necessary to construct all of the improvements for the City of Saratoga in conformity with the plans, specifications and other contract documents and according to such instructions as may be given by the Saratoga Director of Public Works or his authorized agent. 17 ARTICLE II. CONTRACT PRICES Except as provided in Section IV B of the Specifications ( "Changes and Extra Work "), the City shall pay the Contractor according to the prices stated in the bid proposal submitted by the Contractor, which shall include all applicable taxes, for complete performance of the work. The Contractor hereby agrees to accept such payment as full compensation for all materials and appliances necessary to complete the work; for all loss or damage arising from the work or from action of the elements, or from any unforeseen obstruction or difficulties which may be encountered in the prosecution of the work; incurred in and in consequence of the suspension or discontinuance of the work; as hereby specified; for all liabili- ties and other insurance; for all fees or royalties or other ex- penses on account of any patent or patents; for all overhead and other expenses incident to the work and expected profits; and for well and faithfully performing and completing the work within the time frame specified in the Notice to Proceed, all according to the contract plans and specifications, the details and instructions, and the requirements of the City. ARTICLE III. PARTS OF THE CONTRACT: That the complete contract document consists of the following: 1. Notice Inviting Sealed Bids 2. Bid Proposal 3. Bidder's Bond or Bid Guaranty 4. Contract for Public Works Construction 5. Hold Harmless Clause 6. Performance Bond 7. Labor and Material Bond 8. Plans 9. Specifications 10. Insurance Certificates .11. Prevailing Wage Rates 12. City of Saratoga DBE Requirements In case of any conflict between this Contract and any other part of the contract, this Contract shall be binding. IN WITNESS WHEREOF, the City has caused its corporate name to be hereunto subscribed and its corporate seal to be hereunto affixed by its City Manager and its City Clerk thereunto duly authorized and the Contractor has executed these presents the day and year hereinabove written. 18 AWARDED BY CITY COUNCIL: Date: 10/4/95 ATTEST: City Clerk The foregoing Contract is approved as to form this day of , 19 City Attorney 19 CITY OF SARATOGA: CONTRACTOR: By Title License No. Tax ID or SSN 01 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 26oR MEETING DATE: October 4, 1995 ORIGINATING DEPT. FINANCE SUBJECT: 1995/96 BUDGET AMENDMENTS AGENDA ITEM 3 CITY MGR. Recommended Motion(s): Approve resolution amending the Fiscal Year 1995/96 Budget. Report Summary: Attached is a resolution amending the 1995/96 Budget to provide authority for payment of prior year "roll over" expenditures (i.e., anticipated to be incurred by the end of FY 1994/95, but were not). Also included with the resolution are a Budget Resolution Supporting Worksheet and Resolutions Approved schedule for your consideration. The resolution amends the 1995/96 Budget and authorizes payment of two "roll over" invoices. These invoices were recently submitted by vendors to the Public Works department and should conclude the commitments made by the City in the prior year. A complete description of invoiced costs are provided in the resolution and supporting worksheet. The resolution will appropriate monies from the undesignated fund balance. The impact of approving this appropriation reduces the General Fund balance by $35,857.000. There is adequate fund balance to cover these expenditures and no use of contingency monies is required. It is important to note that Council previously approved resolutions appropriating $98,256.00 from undesignated fund balance. Approval of the above action will bring that total to $134,113.00. As has been mentioned previously, preliminary audit results indicate a $240,000.00 improvement in General Fund revenue over expense for last year when compared to the estimate used in the 1995/96 Budget. This improvement increases the General Fund balance available for appropriation. Fiscal Impacts: Overall expenditures increase by $35,857.00. Specific changes by Fund are as follows: Fund Revenues Expenditures 01- General Fund $ .00 $ 35,857.00 Follow Up Actions: None. 1 Consequences of Not Acting on the Recommended Motions: Outstanding vendor invoices may not be paid, subjecting the City to potential liability. c: \execsumm \exsm927.95 j . Budget Resolution Number 95 — 30._ --------------------------- Amount: --------------------- - - - - -- Source of Funding: General Fund: Undesignated fund balance Total Program & Account: General Fund: Equipment ops— Replacement Projects — Contracts Total Contingency Fund Reserve: Balance before resolution Effect of this resolution Remaining Fund City of Saratoga Budget Resolution Supporting Worksheet Revenues Expenditures Ref. 01 0000 2010 #1 &2 09/27/95 $0.00 $35,857.00 $35,857.00 $35,857.00 01 8082 6785 #1 34,562.00 01 4510 8505 #2 1,295.00 $35,857.00 $200,000 $0 $200,000 General Fund Reserves: --------------------------- Adopted Budget Year End Balance $2,148,000 Reserve Requirement (greater of 25% of revised budget or $2,000,000) $2,000,000 Change due to this resolution ($35,857) Comments: --------------------------- #1 To appropriate monies from the undesignated fund balance foe "roll over" expenditures anticipated in the FY 1994/95, but not payable until FY 1995/96. Expenditures are for truck cab and chasis on replacement vehicles 45 & 53. Note: Council previously approved replacement of bodies for these vehicles. This action completes the vehicle purchase. #2 To appropriate monies from the undesignated fund balance for "roll over" expenditures anticipated in the FY 1994/95, but not payable until FY 1995/96. Expenditures are for 7 additional survey monuments for Capital Project #8505. Note: Council previously approved 35 survey monuments relative to this project. This action completes the project. C: \BDGTRES2.WK1 City of Saratoga 09/27/95 Resolutions Approved Fiscal YE 6/30/96 Total $7,268,557.00 $3,269,981.00 $0.00 $10,538,538.00 $0.00 $0:00 $10,538,538.01 C:\BGTRES95\RESRCPI.WK1 Appropriat. Operating General Intragov Total Capital for Gen. Fund Grand EXPENDITURES: Programs Government Services Operations Projects Contingency Total Budget $7,679,903.00 $987,509.00 $697,171.00 $9,364,583.00 $1,067,530.00 $200,000.00 $10,632,113.01 Res# 95- 30.03 44,858.00 (5,200.00) 52,066.00 91,724.00 (92,135.00) (411.01 ---------------------------------------------------------------------------------- $7,724,761.00 $982,309.00 $749,237.00 $9,456,307.00 $975,395.00 $200,000.00 $10,631,702.01 Appropriat. Use of for Gen. Fund Grand REVENUES: General Restricted Total Fund Balances Contingency Total Budget $7,267,757.00 $3,269,981.00 $10,537,738.00 $0.00 $0.00 $10,537,738.01 Res# 95 -30.03 800.00 800.00 800.01 Total $7,268,557.00 $3,269,981.00 $0.00 $10,538,538.00 $0.00 $0:00 $10,538,538.01 C:\BGTRES95\RESRCPI.WK1 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. -2,4,, D0 MEETING DATE: October 4, 1995 ORIGINATING DEPT.: PUBLIC WORKS AGENDA ITEM CITY MGR.: r DEPT. HEAD: SUBJECT: Final Map Approval for SD 94 -002 (14120 Saratoga Avenue) Recommended Motion(s): 1. Move to adopt Resolution No. SD 94 -002 granting final map approval of Tentative Map Application No. SD 94 -002 for two lots at 14120 Saratoga Avenue. 2. Move to authorize the Mayor to execute the Subdivision Improvement Agreement. 3. Move to authorize the City Manager to execute the agreement waiving the right of the property owner to protest annexation into a future assessment district formed for the purpose of undergrounding utilities. Report Summary: Attached is Resolution No. SD 94 -002 which, if adopted, will grant ,final map approval for two lots located at 14120 Saratoga Avenue. I have examined the final map and related documents submitted to me in accordance with the provisions of Section 14.40.020 of the Municipal Code and have determined that: 1. The final map substantially complies with the approved tentative map. 2. All conditions of the approved tentative map, as contained in Planning Commission Resolution No. SD 94 -002, have been completed or will be completed concurrent with development of the two lots. 3. The Subdivision Map Act, the City's Subdivision Ordinance and all other applicable provisions of law have been complied with. 4. The final map is technically correct. Consequently, I have executed the City Engineer's certificate on the final map and have filed the final map with the City Clerk pursuant to Section 14.40.040 of the Municipal Code for action by the City Council. Fiscal Impacts: The subdivider has paid $2,790.32 in Engineering fees and $8,160 in Park Development fees required for this subdivision. Follow Up Actions: The signed map will be released to the subdivider's Title Company for recordation along with recording instructions. Consequences of Not Acting on the Recommended Motions: The final map must either be approved or rejected by the City Council. If the map is rejected, it would be returned to the subdivider with findings as to why the map was rejected. Attachments: 1. Resolution No. SD 94 -002 granting final map approval. 2. Subdivision Improvement Agreement. 3. Agreement waiving right to protest annexation into a future assessment district formed for the purpose of undergrounding utilities. 4. Planning Commission Resolution No. SD 94 -002 approving the tentative map with conditions. 1 __ RESOLUTION NO. SD 94 -002 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE FINAL MAP OF SD 94 -002 14120 SARATOGA AVENUE (GLENROCK BUILDERS, INC.) The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: Parcels 1 - 2 as shown on that certain Parcel Map prepared by MacKay & Somps Engineers, dated April, 1995, and filed with the City Clerk of the City of Saratoga on September 20, 1995, are approved as TWO (2) individual parcels. SECTION 2: All streets and easements shown on said map and offered for dedication to public use are hereby rejected on behalf of the public, save and except for public utility easements; and to the limited extent that any offers for public street purposes either expressly or implicitly include offers for easements for utility purposes along or beneath said street rights of way, then as to such express or implied offers of easements for public utility purposes, the same are hereby accepted on behalf of the public. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a meeting held on the 20th day of September, 1995, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Deputy City Clerk Mayor REPORT TO THE PLANNING COMMISSION Application No. /Location: SD -94 -002, V -94 -003, DR -94 -011, DR -94 -012 14120 Saratoga Avenue Applicant/ Owner: Lester /Von Dorsten Staff Planner: Paul Kermoyan Date: October 26, 1994 APN : 397-24-052 Director Approval: &IF I. or REPORT TO THE PLANNING COMMISSION Application No./Location: SD -94 -002, V -94 -003, DR -94 -011, DR -94 -012 14120 Saratoga Avenue Applicant/ Owner: Lester /Von Dorsten Staff Planner: Paul Rermoyan Date: October 26, 1994 APN: 397-24-052 Director Approval: F IN WITNESS WHEREOF, the parties hereto have set their hand the day and year first above written. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF SARATOGA, a Municipal Corporation By: By: By: Mayor Subdivider (Owner, if different from Subdivider) RESOLUTION.NO. SD -94 -002 RESOLUTION APPROVING TENTATIVE MAP OF Leland Lester; 14120 Saratoga Avenue APN 397 -24 -052 WHEREAS, application has been made to the Advisory Agency under the Subdivision Map Act of the State of California and under the Subdivision Ordinance of the City of Saratoga, for Tentative Parcel Map approval of two (2) lots, all as more particularly set forth in File No. SD -94 -002 of this City; and WHEREAS, this Advisory Agency hereby finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the Saratoga General Plan and with all speciiic.plans relating thereto, and the proposed subdivision and land use is compatible with the objectives, policies and general land use and programs specified in such General Plan, reference to the Staff Memorandum /Report dated 4/12/95 being hereby made for further particulars; and WHEREAS, none of the.conditions set forth in Government Code Sections 66474 (a) - (g) and 66474.6 exist with respect to said subdivision, and tentative approval should be granted in accord with conditions as hereinafter set forth; and WHEREAS, the Planning Commission has conducted a duly noticed public hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; NOW, THEREFORE, BE IT RESOLVED that the tentative map for the hereinafter described subdivision, which map is dated March 1994, and revised February 1, 1995 and marked Exhibit "A" in the hereinabove referred file, be and the same is hereby conditionally approved. The conditions of said approval are as follows: 1. Prior to submittal of the Final Map to the City Engineer for Completed by Surveyor. examination, the owner (applicant) shall cause the property to be surveyed by a Licensed Land Surveyor or an authorized Civil Engineer. The submitted map shall show the existence of a monument at all external property corner locations, either found or set. The submitted map shall also show monuments set at each new corner location, angle point, or as directed by" the Public Works Director, all in conformity with the Subdivision Map Act and the Professional Land Surveyors Act. Completed. 2. The owner (applicant) shall submit four (4) copies of a Final Map in substantial conformance with the approved Tentative Map, along with the additional documents required by Section 14- 40.020 of the Municipal Code, to the Public Works Director for examination. The Final Map shall contain all of the information required in Section 14- 40.030 of the Municipal Code and shall be accompanied by the following items: a. One copy of map checking calculations. File No. SD -94 -002; 14120 Saratoga Avenue b. Preliminary Title Report for the property dated within ninety (90) days of the date of submittal for the Final Map. C. One copy of each map referenced on the Final Map. d. One copy of each document /deed referenced on the Final Map. e. One copy of any other map, document, deed, easement or other resource that will facilitate the examination process as requested by the City Engineer. Fees Paid. 3. The owner. (applicant) shall pay a Map Checking fee, as determined by the City Engineer, at the time of submittal of the Final Map for examination. Monument Bond Posted. 4. Interior monuments shall be set at each lot corner either prior to recordation of the Final Map or some later date to be specified on the Final Map. If the owner (applicant) chooses to defer the setting of interior monuments to a specified later date, then sufficient security as determined by the Public Works Director shall be furnished prior to Final Map approval, to guarantee the setting of interior monuments. All easements offered 5. The owner (applicant) shall provide Irrevocable Offers of Dedication for all required easements and /or rights -of -way on On Final Map. the Final Map, in substantial conformance with the approved Tentative Map, prior to Final Map approval. Plans submitted and 6 • The owner (applicant) shall submit engineered improvement approved. plans to the Public Works Director in conformance with the approved Tentative Map and in accordance with the design and improvement requirements of Chapter 14 of the Municipal Code. The improvement plans shall be reviewed and approved by the Public Works Director and the appropriate officials from other public agencies having jurisdictional authority, including public and private utility providers, prior to approval of the Final Map. a. An A.C. pathway shall be constructed along the frontage of the property. Fees paid. 7. The owner (applicant) shall pay an Improvement Plan Checking fee, as determined by the Public Works Director, at the time Improvement Plans are submitted for review. Agreement signed. 8. The owner (applicant) shall enter into an Improvement Agreement with the City in accordance with Section 14- 60.010 of the Municipal Code prior to Final Map approval. All securities provided. 9. The owner (applicant) shall furnish Improvement Securities in accordance with Section 14- 60.020 of the Municipal Code in the File No. SD -94 -002; 14120 Saratoga Avenue manner and amounts determined by the Public Works Director prior to Final Map approval. Insurance provided. 10. The owner (applicant) shall furnish a written indemnity agreement and proof of insurance coverage, in accordance with Section 14- 05.050 of the Municipal Code_ prior to Final Map approval. All : utility commitments 11. Prior to Final Map approval, the owner (applicant) shall provided. furnish the Public Works Director with satisfactory written commitments from all public and private utility providers serving, the subdivision guaranteeing the completion of all required utility improvements. None required. 12. The owner (applicant) shall secure all necessary permits from the City and any other public agencies, including public and private utility providers, prior to Final Map approval. Fees paid. 13. The owner (applicant) shall pay the applicable Park and Recreation fee prior to Final Map approval. Acknowledged. 14. Subdivision construction hours shall be restricted between 7:30 a.m. and 6:00 p.m., Monday through Friday, except in the event of an emergency which imperils public safety. The Public Works Director may grant an exemption upon his /her determination of an emergency. No construction work shall be permitted on legal holidays. Agreement signed. 15. Prior to Final Map Approval, the owner (applicant) shall enter into an agreement with the City waiving the rights of the owner, and any successive owners, to protest the formation of and /or anexation into an assessment district for the purposes of under ngrounding utility lines serving the properties. Acknowledged. 16. All public and private improvements required for the project shall be completed and accepted for construction by the City Engineer, Community Development Director, and /or the appropriate officials from other public agencies, including public and private utility providers, prior to final approval of any Building permits on any of the lots. Acknowledged. 17. Prior to issuance of any building permits for any of the two (2) lots: * The Final Map shall be recorded with the County recorders office. * The West Valley Sanitation District shall review and approve the improvement plans. Several conditions which shall be met prior to approval by their office will include the following: a. All on -site building sewer laterals will be File No. SD -94 -002; 14120 Saratoga Avenue maintained by the property owners from the points of origin to the connections at the 6" diameter main sewer line. b. Treatment plant capacity fees in the approximate amount of $2,200 (for both lots) are due to their office. C. Prior to the issuance of any building or plumbing permits by the City of Saratoga, sanitary sewer connection permits must be obtained from their office. The cost of each permit is approximately $400. Acknowledged. 18. Prior to the issuance of any Demolition Permit: * The house shall be documented by the Heritage Preservation Commission. * A Final Map application shall be submitted to the Public Works Director. * Six (6) foot tall chain link or welded wire mesh protective fencing shall be placed around all Ordinance - protected trees under the dripline. Staff shall inspect the site to ensure compliance. Ai'know-ledged 19. Domestic water shall be supplied by San Jose Water Company per , the Santa Clara County Environmental Health Services Land Development Report. Acknowledged. 20. Site drainage shall be directed to the proposed storm drains and all existing wells on site, if any, shall be abandoned per Santa Clara Valley Water District standards. Acknowledged. 21. The owner (applicant) shall upgrade the public water main and install one (1) fire hydrant as determined by the Saratoga Fire District. Complete. 22. The owner (applicant) shall revise the Tentative Map to be consistent with the driveway approach identified on Exhibit "B ". An ingress and egress easement shall be recorded on Parcel 2, allowing ingress and egress rights to the owner of Parcel 1. No other direct access onto Saratoga Avenue shall be allowed. Acknowledged. 23. Future development on Parcel 1 shall require Design Review approval and shall be limited to single story structures (not to exceed 22 feet in height) . The building site shall be left in a natural state until the applicants /owners receive Design Review approval. An appropriate building site shall be determined at that time, based on current Zoning Ordinance regulations and City policy. File No. SD -94 -002; 14120 Saratoga Avenue Acknowledged. 24. The Design Review application for Parcel 1 shall include a landscape plan which identifies the placement of native trees (preferably oak), bushes and ground cover located approximately 10 to 15 feet beyond the public right -of -way (within the parcel's boundary). Acknowledged. 25. Design review approval shall only be granted upon finding that the proposed structure is compatible in terms of scale and design with the existing adjacent residences, that it is in conformance with the City's Residential Design Guidelines and that all of the necessary Design Review findings can be made. A development proposal shall conform with current zoning and building regulations. Acknowledged. 26. The Heritage Preservation Commission shall review the design plans for Parcel 1 prior to Planning Commission public hearing. Acknowledged. 27. Pursuant to the City Arborist' s report dated April 11, 1994, an Arborist inspection shall occur for Parcel 1 to determine the impacts on trees relative to construction. The Arborist's recommendations shall be incorporated as conditions of Design Review approval. Submitted and approved. 28. Prior to Final Map approval, the applicant shall submit the following for Community Development Director review and approval: * A revised landscape plan clearly showing that the proposed pedestrian walkway is located within the 10 foot public right -of -way (from the curb to the property line of Parcel 1). Acknowledged : . 29. No ordinance protected trees shall be removed without first obtaining a tree removal permit. Acknowledged. 30. All building and construction related activities shall adhere to New Development and Construction - Best Management Practices as adopted by the City for the purpose of preventing storm water pollution. Acknowledged. 31. The owner (applicant) shall, upon the City's request, defend, indemnify and hold the City and its officers, boards, commis- sions, employees and volunteers harmless from and against any claim, action or proceeding to attack, set aside, void or annul this approval, or any of the proceedings, acts or determinations taken, done or made prior to such approval, which is brought within the time specified in Section 14- 85.060 of the Municipal Code. If a defense is requested, the City shall give prompt notice to the applicant of any such claim, action or proceeding, and shall cooperate fully in the defense thereof. Nothing herein shall prevent the City from participating in the defense, but in such event, the City File No. SD -94 -002; 14120 Saratoga Avenue shall pay its own attorney's fees and costs. Acknowledged. 32. Noncompliance with any of the conditions of this permit shall constitute a violation of the permit. Because it is impossi- ble to estimate damages the City could incur due to the violation, liquidated damages of $250 shall be payable to this City per each day of the violation. Section 1. Applicant shall sign the agreement to these conditions within 30 days of the passage of this resolution or said resolution shall be void. Section 2. Conditions must be completed within 24 months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15 -90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commis- sion, State of California, this 12th day of April, 1995, by the following vote: AYES: Commissioners Caldwell, Asfour, Kaplan & Murakami NOES: None ABSENT: Commissioners Abshire, Patrick Siegfried Chairman, Pla ing Co ission ATTEST: Secretalry, Plannin4 Commission The foregoing conditions are hereby accepted. Signature of Applicant Date