That the City Council:

A.  Approve and authorize the City Manager to execute an agreement with BPE LLC. to deposit the amount of $175,000 into escrow for paving Cypress Street prior to certificate of occupancy for property located at 901 Leslie Street, bounded by Leslie Street and Cypress Street; and
 

B.  Authorize staff to prepare plans and specifications for the improvements of Cypress Street from subject property to Imperial Boulevard.

BPE LLC (BPE), a City of Industry-based company doing business as General Sealant Inc., manufactures sealants and adhesive products for a variety of pipeline, aerospace/composites, and construction applications.  BPE wishes to expand business operations on property the company owns at 901-951 Leslie Street (Property), a site currently occupied by J.C. Ford Co. The Property is bounded by Leslie Street to the east and Cypress Street to the west and uses both Leslie Street and South Cypress Street for ingress and egress.  In order to optimize the operation of the business, BPE's owner (Mr. Boyle) requests to use Cypress Street on a south-bound route of travel as a truck route.

La Habra Municipal Code (LHMC) Section 10.28.020(B) limits the movement of vehicles exceeding three (3) tons to those streets that have been designated as “truck routes.”  However, pursuant to LHMC Section 10.28.020(B) and California Vehicle Code section 35703, “the operator of any vehicle exceeding a maximum gross weight of three tons coming from a ‘truck route’ [shall not be prohibited from] having ingress and egress by direct route to and from restricted streets when necessary for the purpose of making pickups or deliveries of goods, wares and merchandise from or to any building[.]”

Prior to issuing a final certificate of occupancy, City staff requested that BPE improve the south-bound portion of Cypress Street, measured from the western curb to the centerline of South Cypress Street, from the northern property line of the Property to Imperial Highway, to meet truck route standards.  As a condition of that approval, BPE shall deposit the sum of one hundred seventy-five thousand dollars ($175,000) into an escrow account for the City to use toward construction of the necessary street improvements, which shall include grinding a minimum of two and one half inches of the existing asphalt concrete and installing an asphalt-rubber and aggregate membrane with a two inch asphalt rubber hot mix overlay.  Any unexpended funds remaining in the escrow account after completion of the street improvements shall be returned to BPE.
 
The City agrees that vehicles exceeding the maximum weight limit, including commercial trucks accessing the Property, shall have the right to use Leslie Street and South Cypress Street as a means of ingress and egress from Imperial Highway to the Property.