Longtime vacant Hill Street homes won't be demolished; judge puts tasks on 'short leash'

Sean Belk
Staff Writer
Two longtime vacant homes that local residents have considered an eyesore and public-safety hazard on the border of Signal Hill and Long Beach, for now, have been saved from the wrecking ball.
During a court hearing on Thursday, Feb. 5, Los Angeles County Superior Court Judge Michael P. Vicencia ordered that Long Beach city officials and the property owners, which include Tarzana-based 6 Angels, LLC and BDR, Inc., report to the court every two weeks on the progress of the project instead of allowing the City to tear down the properties for being a public nuisance.
“We’re going to keep this on track, and we’re going to keep a short leash on this,” the judge said at the county superior courthouse in downtown Long Beach. “Moving this project forward is going to make the neighborhood happier.”
Long Beach Deputy City Attorney Kendra Carney had requested during a court hearing on Monday, Feb. 2 that the structures be demolished, adding that the property owners have dragged their feet in getting the project done and failed to meet conditions of a stipulated agreement that was initiated last April.
Yet, after receiving extensive testimony from Paul Pfeifle, senior project manager for BDR, Inc., and three Long Beach city officials, Vicencia declared that the City and the property owners were both partly to blame for conditions not being met.
Instead of granting the property owners a 120-day extension to meet the conditions, however, the judge ordered that the City and property owners return to court on Feb. 19 to confer on permit approvals of a sewer system and a street-improvement plan for driveway access that are required for receiving occupancy permits.
The property owners also agreed to install fencing around the houses, mount cameras, continue security patrols, remove tarps, post signage and paint over visible smoke damage caused by an arson fire that broke out at the properties last November. The fire was the second to occur at the properties after a similar incident in 2012. The property owners agreed to make the improvements and security measures in the next two weeks.
The homes located at 2910 Hill St. and 2914 Hill St. have sat vacant for more than 10 years, mainly because the original developer, Wayne Ballinger, never received permits to construct the buildings, according to Long Beach city officials.
During the court hearing on Monday, Judge Vicencia called the situation a “morass.”
In April 2014, the judge ordered that the property owners, including BDR, Inc., meet a strict timeline in a stipulated agreement for construction work and permit approvals or have the structures face demolition.
Long Beach city officials admitted that the structures have “unusual characteristics” on a “unique” piece of property that requires agreements between four separate government entities.
While the homes are located in the city of Long Beach, the street is located in Signal Hill.
The location, however, creates challenges for installing utilities, including water, gas, sewer and electricity, and building a driveway for street access.
The plan would be for the City of Signal Hill to provide water, the City of Long Beach to provide gas and Southern California Edison to provide electricity.
The property owners are also required to get approvals from the Long Beach Water Department regarding a previously installed sewer system that has already been signed off by the Los Angeles County Sanitation District.
In addition, the project requires constructing driveways in back of the homes, crossing over adjacent properties and creating an extension onto Orizaba Avenue. The City of Signal Hill has rejected building driveways on Hill Street because the sloping street would create a dangerous situation with the potential for a car accident.
Carney said in court this week that the homes should be torn down because they are a “public nuisance” and a “hazard” for the community. She stated that the owners have had ample time to receive approvals for the utilities and build driveway access.
By Jan. 31, the property owners were required to obtain all permits and complete all construction, including: the extension of Orizaba Avenue; the connection of electrical, gas, sewer and water utilities; and final work to make sure the properties are in compliance with current Long Beach city code, according to the stipulated agreement.
Carney said the property owners, who were given eight months, should be “held accountable” for failing to comply with the stipulated agreement, adding that the owners haven’t received all required approvals and have yet to start any construction.
“I know there has been some progress for the last three months, but there is no way to know how long it will go on for and if it will ever be completed,” she said in court.
Mark Evans, attorney for 6 Angels LLC and BDR, Inc., however, said the City has “frustrated” the process, stating that the property owners have acted in “good faith” and should be granted an extension on the legal standard of “best efforts.”
Pfeifle testified in court that the property owners have received approval for a “will serve” letter that would allow Signal Hill to provide water instead of the Long Beach Water Department.
He noted, however, that Signal Hill has yet to sign off on specific dates for agreements on time constraints and an excavation permit.
In an email to the Signal Tribune this week, Steve Myrter, director of public works for Signal Hill, confirmed that the City has agreed to provide water service to the houses.
He said the owners agreed to pay the cost of constructing new water piping that would extend the City’s existing water-system network. The owners also agreed to pay a onetime water-system impact connection fee of $43,875.
However, Myrter said that, as of Wednesday, Feb. 4, the “water-system connection agreement” between the City of Signal Hill and the owners has “not been executed” and the fee has not been paid.
Pfeifle said in court that Southern California Edison approved the design of a “street-improvement plan” that involves the extension of Orizaba Avenue for the driveways, proposing that streetlights be added. However, he said the City of Long Beach’s public works department still has yet to fully approve the plan and provide building permits.
An issue that has further complicated the matter is the fact that Signal Hill Petroleum (SHP) owns an oil well near the property and has requested that the street-improvement plan include specific grading on curbs in order to better access its oil well.
Pfeifle said the property owners had a site visit with SHP on Jan. 15 to discuss the concerns regarding the access to the oil well, adding that email correspondence between the owners, the City and SHP about the issue was first initiated in October 2014.
Evan Zeisel, senior building instructor for the City of Long Beach, who also testified in court on Monday, said there was miscommunication between the City’s planning and building inspection departments about the alterations regarding the access to the oil wells.
However, Judge Vicencia questioned why the City took into account requests from SHP, which is a private entity, he noted.
“Why is the City going out of its way to accommodate a private entity?” the judge asked. “The frustration that [the property owners] feel, I’m starting to,”
Carney replied by stating that the City was threatened with possible litigation from SHP if the City didn’t take into account the oil company’s requests on an easement.
Evans said what has further complicated the issue is the fires, which he said caused a total of $124,000 in damage to the homes, adding that the houses have to be gutted and windows have to be replaced. He said the property owners have put “more money than anticipated in this.”
However, instead of granting the property owners a 120-day extension to complete construction and receive approvals, Vicencia ordered that the City and the property owners return every two weeks on the progress of the project. Both parties agreed to the judge’s order.
“I’m excited about this,” Vicencia said. “This is going to be great.” ß