SS Item A-2 — Beverly Hills City Council, March 1, 2022

STAFF REPORT
Meeting Date: March 1, 2022
To: Honorable Mayor & City Council
From: Laura Biery, Marketing and Economic Sustainability Manager Magdalena Davis, Special Events and Filming Coordinator Subject: Discussion of Extension of the Temporary OpenBH Program Beyond March 31, 2022
Attachments: 1. List of Participating OpenBH Businesses

2. 190 N Cañon Drive Properties – OpenBH Letter

3. Spago – OpenBH Letter

4. Beverly Hills Chamber of Commerce – OpenBH Letter

5. Alfred Coffee – OpenBH Letter

6. Allen Media – OpenBH Letter

7. Douglas Emmett – OpenBH Letter

8. 426 to 444 N. Canon Drive – OpenBH Letter

9. 166 and 176 N. Canon Drive – OpenBH Letter

10. Obagi – OpenBH Letter

11. Pacific Premier Bank – OpenBH Letter

12. The Palm Restaurant – OpenBH Letter

13. Paul Paucino – OpenBH Letter

14. The Maybourne – OpenBH Letter

15. Comparisons to Other Westside Cities

INTRODUCTION
This item provides an opportunity for City Council to review extending the temporary OpenBH program beyond March 31, 2022 while the OpenBH Subcommittees continue their work. This item will also include additional consideration and review of a possible extension of the street closure for the temporary outdoor dining tents located on the 100 block of North Cañon Drive.

DISCUSSION
In response to the COVID-19 pandemic, the City of Beverly Hills created the OpenBH program in June 2020 to allow businesses to temporarily expand (open up) their services to adjacent outdoor areas such as private parking lots, the public right of way (sidewalks), and metered parking spaces (parklets) through a no-fee Special Event Permit. This item provides the opportunity to discuss extending the temporary OpenBH program beyond March 31, 2022 while the OpenBH Subcommittees continue their work on the long term conversion of the program.

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Meeting Date: March 1, 2022

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Background
Since the program’s creation in June 2020, 136 businesses have received a permit to participate in OpenBH by expanding their business model to the sidewalk, parking lots, or in metered parking spaces (parklets). Currently 85 businesses are using the OpenBH program to provide services outside, of which 74 are restaurants or hotels utilizing OpenBH for outdoor dining service (Attachment 1), with new businesses joining as recently as February 4, 2022. The remaining 11 OpenBH permit holders include retail stores, houses of worship, COVID testing sites, and salons who are continuing to use the program to provide outdoor services or line queuing.

At the February 2, 2021, City Council Meeting, the City Council approved the temporary street closure at the 100 Block of N. Cañon Drive and provided approval for two temporary outdoor dining tents to be erected for the restaurants of Spago and NusrEt for six months until September 2021. At the September 21, 2021 City Council Meeting, the City Council extended the approval for the street closure and temporary outdoor dining tents through March 31, 2022 (effectively 12 months from the original approval date).

Both restaurants have requested the City Council to consider an additional extension beyond March 31, 2022. Options for the duration of that extension, if approved, are included in this report for discussion today.

Subcommittee Updates
At the October 26, 2021, City Council Meeting, the City Council approved the formation of two Ad Hoc Subcommittees to work on the long-term conversion of the OpenBH program for outdoor dining participants. An update on the progress made to date is included below for each Subcommittee:
 Design and Operating Standards Subcommittee (Vice Mayor Bosse and Councilmember Mirisch).
o Subcommittee provided direction to contact a few select architectural firms in addition to the firm already on contract with the City of Beverly Hills to evaluate if there was an interest in providing guidelines for design standards and regulatory requirements for long-term parklets. Direction was also given if the additional mentioned firms were not available/interested that staff may move forward with the architecture firm already on contract with the City (Lorcan O’Herlihy Architects). o After reaching out to the additional requested architectural firms to date the firms either were not available, not interested, or non-responsive. o Unless the City Council disagrees, staff will move forward with Lorcan O’Herlihy Architects to begin community outreach involving the business community in an effort to evaluate current OpenBH installations and to develop a set of design guidelines and standards for long-term parklets implementation.
o This effort is anticipated to take roughly 6 months, inclusive of the outreach and Subcommittee meetings.
 Code and Fee Changes Subcommittee (Councilmember Gold and Councilmember Friedman)
o Subcommittee has begun formulating recommendations that will be shared with the business community and formalized for approval by the full City Council at a future meeting date.
o The next meeting is scheduled for March 2, 2022 at 4pm o Topics of discussion in the meetings thus far have covered the following:
 Should outdoor dining be allowed beyond the restaurant façade space that it serves?
Meeting Date: March 1, 2022

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 Should restaurants be allowed to have both a parklet and an extension of dining beyond their restaurant façade along the sidewalk?
 Should the minimum sidewalk clearance be changed?
 Should there be a ratio of open air dining to indoor dining?  Should the parking requirements for open air dining be changed? Questions for Council Direction
For the purpose of today’s meeting, staff is requesting Council direction on the questions below related to the extension of the temporary OpenBH program beyond March 31, 2022 and any extension beyond March 31, 2022 of the street closure and temporary outdoor dining tents located on the 100 block of N. Cañon Drive:

Question 1: What is the duration for extending the no fee temporary OpenBH Program?
The current no fee temporary OpenBH program is approved by the City Council through March 31, 2022. While the Ad Hoc Subcommittees continue their work, the following extension options are provided for City Council review. These options also provide the existing OpenBH program participants with timelines for budgeting and renewals as they evaluate making long-term investments in their existing OpenBH concepts.

The timeframe for the guidelines for parklets, to be created by Lorcan O’Herlihy Architects, is approximately 6 months inclusive of outreach and subcommittee meetings.

Thus, the first date for extension of the program for Option A is 6 months from now with a date of September 30, 2022. Additional options are also provided. Attachment 15 to this report also includes a comparison to neighboring Westside cities on timing for fee based programs.

Extend No Fee
Program
Additional
Renewal Cycles
Return to Council
with Fee Schedule
Fees Begin No
Earlier Than
Option A: An additional 6
months to
9/30/2022
Businesses can
budget for 2
additional 90-Day
no fee renewals
Prior to 9/30/2022 10/1/2022
Option B: An additional 9
months to
12/31/2022
Businesses can
budget for 3
additional 90-Day
no fee renewals
Prior to 12/31/2022 1/1/2023
Option C: Other duration as recommended by the City Council The City Council previously approved that other OpenBH participants, such as houses of worship, salons, and retail stores, comprise a small percentage of the OpenBH permit holders and will continue under the existing no-fee OpenBH program until 30-days beyond the end of the local emergency before returning indoors or paying for a permit.

Question 2: What, if any, is the duration for an extension of the street closure at the 100 block of N. Cañon Drive with the temporary outdoor dining tents for Spago and NusrEt? (Note: If an extension is recommended, follow up questions are included as Questions 3 and 4)
As part of the extension of the N. Cañon wall closure that occurred in September 2021, staff conducted outreach with key stakeholders regarding the extension of the street closure at the 100 Block of N. Cañon Drive and the continuation of the temporary Meeting Date: March 1, 2022

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outdoor dining tents for Spago and NusrEt. The outreach to stakeholders included the clarification that the N. Cañon wall may remain in place even if the street closure with the temporary outdoor dining tents is removed. The N. Cañon wall closure will be returning to the City Council for discussion in August/September 2022. This discussion may also include an update regarding timing for construction impacts for the North Portal at N.

Beverly Drive.

Outreach discussions with stakeholders have further clarified any misconceptions or rumors that the temporary outdoor dining tents and street closure were permanent.

While the structures were built to more permanent standards than a typical parklet because of the size and scale (emergency lighting, seismic conditions, etc.), they were not approved as permanent structures.

At the September 21, 2021 City Council meeting, direction was given to both restaurants of Spago and NusrEt that a condition of the approval of the extension of the street closure and temporary outdoor dining tents to March 31, 2022 was to work cooperatively with their neighbor at 190 N. Cañon Drive regarding desired modifications to operations or the structures themselves to mitigate concerns raised during the meeting. As a result, several meetings were held with the restaurants and representatives for the 190 N.

Cañon Drive building since September 2021 to hear concerns and create temporary or short-term modifications. As a result, the following modifications were made:
 The valet stand for both NusrEt and Spago was moved to the west side of the street;
 A green wall was added to the NusrEt tent immediately opposite the 190 N.

Cañon Drive building in order to screen views of the tent;  The NusrEt host is greeting guests closer to the back of the tent and providing directions and check-in in order to shift the location of activity away from the 190 N. Cañon building;
 Although not previously highlighted as a concern, music volume has been lowered on the NusrEt patio;
 NusrEt and Spago patrons are being directed to go between the tents for valet purposes to minimize activity in front of the 190 N. Cañon building.

In addition, several mitigation measures were also implemented recently by the City’s Public Works Department to provide additional short-term parking solutions for the tenants in the 190 N Cañon Drive building including temporary parking access for the ATM in the valet area, when not in operation, as well as additional new metered parking spaces on the south side of Clifton Way.

When conducting outreach with the participating OpenBH businesses, both Spago and NusrEt restaurant expressed a desire to continue use of the temporary outdoor dining tents. The 190 N. Cañon Drive owners expressed concerns about the continued extension of the temporary outdoor dining tenants (Attachment 2). Several additional letters were submitted for review by the City Council from interested parties and stakeholders (Attachments 3 – 14).

Based on the feedback received from both stakeholders and the Spago and NusrEt restaurant teams, staff is providing the following options for consideration by the City Council regarding the duration for the temporary extension of the street closure at the 100 Block of N. Cañon Drive and the continuation of the approval of the temporary outdoor dining tents for Spago and NusrEt:

Meeting Date: March 1, 2022

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Options for Extension of Street Closure of the 100 Block of N. Cañon Drive and Temporary Outdoor Dining Tents for Spago and NusrEt
Option A: No additional time (ends March 31, 2022)
Option B: An additional 6 months (ends September 30, 2022) Option C: An additional 9 months (ends December 31, 2022) Option D: Other timeframe as recommended by the City Council If Option A is selected and no extension is granted, the tents are currently approved for outdoor dining operation through March 31, 2022. Approximately two weeks would then be provided for the removal of the tents with a date of April 15, 2022 recommended for returning the street back to the previous cul-de-sac operations for N. Cañon Drive. This would return the valet operations to the previous location on the east side of N. Cañon Drive. Under this model, one or both of the restaurants may opt to apply for a parklet under the existing OpenBH program. Parklets are significantly smaller in scale and currently exist within 2-3 metered parking spaces per restaurant location on average.

If one of the Options B – D are selected, the following questions listed below are provided for further clarification.

Question 3: If the temporary outdoor dining tents on N. Cañon Drive are extended, does the City Council desire to reduce in size one or both of the tents or request further operational modifications?
During the outreach process, feedback was provided by the 190 N. Cañon Drive building regarding the size and scale of the tent structures. Modification suggestions from the 190 N. Cañon Drive building included reducing in size or moving of the tents as well as several operational changes implemented by the restaurant teams. At this time, reductions in size or movements of the tent structures themselves have not occurred, however, operational modifications and additional parking has been provided.

A reduction in size of one or both of the temporary tents would not require any change to the traffic configuration of the intersection of North Cañon Drive/Clifton Way. It would, however, expand the valet area and temporary parking area for bank ATM parking. This option may be considered for the duration periods identified in Question 2.

Question 4: If the temporary outdoor dining tents on N. Cañon Drive are extended, are there other modifications desired by the City Council? Based on the feedback provided by the OpenBH stakeholders including the 190 N.

Cañon Drive building, City Council may propose another option or modification regarding the temporary outdoor dining tents located on N. Cañon Drive.

FISCAL IMPACT
A discussion regarding the fiscal impact of a long-term fee-based program will be brought back to the City Council in the coming months based on the timeline selected.

This discussion will also include a timeline for implementation of a fee-based program along with any continued fee waivers or stop-gap measures until such a program may be implemented.

The current OpenBH program is a combination of waived permit fees, waived inspection fees, loss of revenue from parking meters/valet operations, and traffic control equipment purchase, installation and maintenance costs. While the total fiscal impact of the waiver of special event permit fees for OpenBH depends on the number of businesses Meeting Date: March 1, 2022

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participating at any given time, using the current number of permit holders of 85 businesses, the following is the fiscal impact of extending the temporary OpenBH program:

Extend No
Fee Program
Date
Additional
Renewal
Cycles
Fiscal
Impact of
Additional
Waived
Permit Fees*
Fiscal
Impact of
Additional
Meter
Loss**
Additional
Fiscal
Impact
Total
Option A: An additional
6 months to
9/30/2022
Businesses can
budget for 2
additional 90-
Day no fee
renewals
$493,170.00 $153,919.50 $647,089.50
Option B: An additional
9 months to
12/31/2022
Businesses can
budget for 3
additional 90-
Day no fee
renewals
$739,755.00 $230,879.25 $970,634.25
Option C: Other timeframe as recommended by the City Council *If the City continues to waive permit fees, assuming the number of active permits remains at 85 and at the current average rate of $967 per permit per month. **Approximate parking meter revenue loss from 30 parklets using a combined 88 meters between S. Beverly Drive (15 meters at $300.10/month avg) and the Business Triangle (73 meters at $289.75/month avg) combined.

RECOMMENDATION
It is recommended that the City Council provide feedback regarding the duration for the extension of the no fee temporary OpenBH program. Specifically, the City Council is requested to provide direction regarding the three questions in the discussion above related to the OpenBH program. It is also recommended that the City Council provide direction regarding whether or not to extend the street closure and temporary outdoor dining tents for the 100 Block of N. Canon Drive.

Based on City Council direction, staff will return to the City Council in the coming months regarding design standards, code changes, and fee structure for the long term conversion of the OpenBH Program dining participants.

Gabriella Yap
Deputy City Manager
Approved By
Attachment 1
List of Participating OpenBH Businesses ATTACHMENT 1
Business Address Type
1 Brighton Salon 9409 Brighton Way Salon
2 Khatoon 9563 Gregory Way Salon
3 Ramirez Tran Salon 8912 W. Olympic Boulevard Salon
4 Cartier 370 N. Rodeo Drive Retail
5 Color Me Mine 233 S. Beverly Drive Retail
6 David Yurman 371 N. Rodeo Drive Retail
7 Harcourts 409 N. Canon Drive Retail
8 Alfred Coffee 490 N. Beverly Drive Dining
9 Avra 233 N. Beverly Drive Dining
10 Beverliz Café 308 S. Beverly Drive Dining
11 Beverly Hills Market & Deli 303 N. Crescent Drive Dining 12 Bombay Palace 8690 Wilshire Boulevard Dining
13 Boss Sushi 270 S. La Cienega Boulevard Dining
14 By the Way Burger 8442 Wilshire Boulevard Dining
15 Café Amici (Terrace Hotel) 469 Doheny Drive Dining
16 Café Balmano 356 N. Camden Drive Dining
17 Café Sheera 443 N. Bedford Drive Dining
18 Caffe Roma 350 N. Canon Drive Dining
19 Cantina Frida 252 N. Beverly Drive Dining
20 Chaumont 143 S. Beverly Drive Dining
21 Chokolatta 255 1/2 S. Beverly Drive Dining
22 Croft Alley 9433 Brighton Way Dining
23 Crustacean 468 N. Bedford Drive Dining
24 Da Carla Ristorante & Caffe 9887 A Santa Monica Boulevard Dining 25 E Baldi 363 N. Canon Drive Dining
26 Edo Little Bites 9406 Brighton Way Dining
27 Estiatorio Louka Restaurant 340 N. Canon Drive Dining 28 Ferrarini Café 9622 Brighton Way Dining
29 Fogo de Chao 133 N. La Cienega Boulevard Dining
30 Frida Restaurant 236 S. Beverly Drive Dining
31 Ghost Kitchen 233 S. Beverly Drive Dining
32 Go Greek Yogurt LLC 452 N. Bedford Drive Dining
33 Grand Havana 301 N. Canon Drive Dining
34 Il Fornaio 301 N. Beverly Drive Dining
35 Il Pastaio 400 N. Canon Drive Dining
36 Joe's Pizza 9527 S. Santa Monica Boulevard Dining
37 Joss Thrill Bites 9921 S. Santa Monica Boulevard Dining 38 La Gondola 9025 Wilshire Boulevard Dining
39 La Scala 434 N. Canon Drive Dining
40 Laduree 311 N. Bevely Drive Dining
41 Lawry's The Prime Rib 100 N. La Cienega Boulevard Dining 42 Lazy Daisy 155 S. Robertson Boulevard Dining
43 Le Mervetty 319 N. Canon Drive Dining
44 Mastros 246 N. Canon Drive Dining
45 Matsuhisa 129 N. La Cienega Boulevard Dining
List of Participating OpenBH Businesses
46 Mickey Fine Pharmacy & Grill 433 N. Roxbury Drive Dining 47 Mirame 419 N. Canon Drive Dining
48 Mondo Coffee 9559 S. Santa Monica Boulevard Dining
49 Mr Chow 344 N. Camden Drive Dining
50 Mulberry Pizzeria 347 N. Canon Drive Dining
51 Nate & Al's 414 N. Beverly Drive Dining
52 Nerano 9960 S. Santa Monica Boulevard Dining
53 Nusr-Et 184 N. Canon Drive Dining
54 Pascal on Beverly 200 S. Beverly Drive Dining
55 Philz Coffee 233 S. Beverly Drive Dining
56 Piccolo Paradiso 150 S. Beverly Drive Dining
57 Porta Via 424 N. Canon Drive Dining
58 Sasabune 9162 W. Olympic Boulevard Dining
59 Seabutter 9105 W. Olympic Boulevard Dining
60 Spago 176 N. Canon Drive Dining
61 Sugarfish 212 N. Canon Drive Dining
62 Sushi Kiyono 255 S. Beverly Drive Dining
63 Sweet Beverly 240 N. Canon Drive Dining
64 Tagine Beverly Hills 256 S.Doheny Drive Dining
65 Tatel 453 N. Canon Drive Dining
66 The Beverly Hilton 9876 Wilshire Boulevard Dining
67 The Beverly Wilshire Hotel 9500 Wilshire Boulevard Dining 68 The Cheescake Factory 364 N. Beverly Drive Dining
69 The Farm of BH 439 N. Beverly Drive Dining
70 The Maybourne Beverly Hills 225 N. Canon Drive Dining 71 The Nosh 9689 N. Santa Monica Boulevard Dining
72 The Palm 267 N. Canon Drive Dining
73 Tommy's Beverly Hills 235 N. Canon Drive Dining
74 UpperCrust Pizza 243 S. Beverly Drive Dining
75 Urth Caffe 267 S. Beverly Drive Dining
76 Via Alloro 301 N. Canon Drive Dining
77 Wadatsumi 410 N. Canon Drive Dining
78 Wally's Beverly Hills 447 N. Canon Drive Dining
79 Walter's Café 153 S. Beverly Drive Dining
80 Xian 362 N. Canon Drive Dining
81 Yazawa 9669 S. Santa Monica Boulevard Dining
82 911 COVID Testing 9900 N. Santa Monica Boulevard Other 83 Naham Holding/ Covid Testing 55 N. La Cienega Other
84 Beth Jacob Congregation 9030 W. Olympic Boulevard Houses of Worship 85 Chabad of Beverly Hills 9145 Wilshire Boulevard Houses of Worship Attachment 2
11777 San Vicente Blvd., Suite 890, Los Angeles, CA 90049 Telephone (310) 476-0300 Facsimile (310) 476-0333
www.vallemakoff.com
[email protected]
February 23, 2022

VIA EMAIL
Laura Biery
Marketing & Economic Sustainability
Manager
City of Beverly Hills
[email protected]
Re: March 1, 2022 City Council Meeting Discussion Pertaining to Consideration of Extensions for Spago’s and Nusr-Et’s Outdoor Dining Tents on the 100 block of North Canon Drive Beyond March 31, 2022
To the City Council of Beverly Hills:

We, along with Robert Hayman, submit this letter on behalf of 190 Canon Property, LLC, owner of the landmark commercial office building located at 190 N.

Canon Drive (also known as the Fred Hayman Building, which is still run by the Hayman family among other properties in Beverly Hills) pertaining to City Council’s upcoming discussion of the potential extension of the permits issued to Spago and Nusr-Et for the temporary large outdoor dining tent-like structures currently located on the 100 block of North Canon Drive (the “Tent Structures”). A Public Comment Letter was previously submitted to the City on September 9, 2021, on 190 Canon’s behalf, which documented some of the problems that have resulted due to the Tent Structures. (A copy of the September 9, 2021 letter is attached hereto as Tab A and was a previous exhibit to the 9/21/21 BH Staff Report.) As set forth in its previous letter, 190 Canon was initially supportive and cooperative with Spago and Nusr-Et when the Tent Structures were first sought and approved in light of Covid-19’s devastating impact on restaurants and the ban on indoor dining in place at the time. However, now that a full year has passed and there is no longer a ban on indoor dining and all restrictions have been lifted (and thus there is no longer the same need for the Tent Structures), 190 Canon opposes any further extensions for the temporary permits issued to Spago and Nusr-Et beyond March of 2022.

As a longstanding owner of the commercial real estate building located in the heart of Beverly Hills, 190 Canon wants what is best for the City. Indeed, 190 Canon fully supports the OpenBH program created in response to the Covid-19 regulations and restrictions which has allowed for expanded outdoor dining through the use of sidewalks, parking lots and parklets and which has benefited both businesses and restaurants DocuSign Envelope ID: 9551E8C2-2486-42A1-BF5E-1D2DB624CC58 VVVaaalllllle e e MMMaaakkkoooff ff ff LLLLLLP P P
City Council of Beverly Hills
February 23, 2022

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operating in the City. The Tent Structures erected by Spago and Nusr-Et, however, are unlike other permitted parklets or sidewalk dining areas in Beverly Hills (and throughout Los Angeles County) but instead are large scale permanent-like tent structures that occupy an entire street block. As set forth in more detail below, not only is there no longer a need for these Tent Structures given that all restrictions on indoor dining have been lifted, but the negative impacts the Tent Structures have had on 190 Canon (and its tenants) and the surrounding area disproportionately outweigh the benefits to the restaurants now that the pandemic has subsided. Accordingly, the temporary permits issued for the Tent Structures should not be extended beyond March of 2022.

Background
• On March 15, 2020 Mayor Garcetti ordered restaurants in Los Angeles County to discontinue indoor dining services in order to help slow the spread of Covid-19. • In May of 2020 Los Angeles County allowed indoor dining to resume but with capacity restrictions.
• In June of 2020, in response to the Covid-19 pandemic, the City of Beverly Hills created the OpenBH program to allow businesses to temporarily expand (open up) their services to adjacent outdoor areas such as private parking lots, sidewalks, and metered parking spaces (parklets) through a no-fee Special Event Permit. [9/21/21 BH Staff Report]
• In July of 2020 the state of California directed 19 counties, including Los Angeles County, to again cease indoor dining.
• In February of 2021 the Beverly Hills City Council approved the temporary street closure at the 100 Block of N. Canon Drive and provided approval for two temporary large scale outdoor dining tents to be erected for the restaurants of Spago and Nusr-Et for six months (until September 2021). [9/21/21 BH Staff Report]
• At the time Spago and Nusr-Et proposed erecting the Tent Structures indoor dining had been banned in Los Angeles County since July of 2020. 190 Canon, along with other neighbors, gave their support to the restaurants in order to help their neighbors survive through these difficult times (190 Canon communicated its support to the restaurants for temporary tents to be erected in front of the respective restaurants, but not beyond their property lines). • In their applications for the proposed Tent Structures, Spago and Nusr-Et asked that the temporary structures be approved for the duration of the pandemic restrictions. In seeking support from nearby businesses, counsel for the restaurants specifically stated that the tents were “designed to be up until the County says we can go back inside.” [See 1/26/21 email from Law Offices of Murry Fischer attached as Exhibit 6 to the 2/2/21 BH Staff Report]
• In March of 2021 indoor dining resumed in Los Angeles County, however, again with capacity restrictions.

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• On June 15, 2021, all capacity restrictions were lifted in Los Angeles County, and restaurants could now welcome the same number of patrons as they did prior to the public health crisis.
• In September of 2021, City Council met to discuss possible long-term conversions of OpenBH dining program participants. At that meeting the Council also separately discussed the duration for an extension, if any, of the street closure at the 100 block of N. Canon Drive and the temporary Tent Structures erected by Spago and Nusr-Et. The Staff Report makes clear that “[w]hile the structures were built to more permanent standards than a typical parklet because of the size and scale (emergency lighting, seismic conditions, etc.), they were not approved as permanent structures.” [9/21/21 BH Staff Report at 2] • The September 21, 2021 Staff Report indicates that both Spago and Nusr-Et expressed their desire to be allowed to continue operating the outdoor dining with a street closure through the holiday season (December 2021) and awards seasons (March 2022). This, they suggested, would allow them to host groups that allow them to recoup funds lost from Covid-19 impacts, and the investments in the outdoor dining structures. [9/21/21 BH Staff Report at 3.] • 190 Canon submitted a Public Comment Letter for the September 21, 2021 Council meeting setting forth several problems resulting from the Tent Structures i.e. its building’s only public entrance was being obstructed by the Tent Structures and related valet service (specifically Nusr-Et’s Tent Structure expands beyond its own property line, blocking over half of 190 Canon’s entrance) and several tenants were negatively impacted and the issues presented also hindered 190 Canon’s leasing efforts to lure prospective tenants. 190 Canon explained that it initially made no objections to the Tent Structures (190 Canon’s consent to NusrEt was given for a tent that did not cross its property line) but now that indoor dining had resumed there were other options. 190 Canon requested that, at a minimum, the size of the Tent Structures should be reduced so no Tent Structure crossed over its own property line blocking 190 Canon. [See Tab A] • It is 190 Canon’s understanding that the current permits for the Tent Structures are currently set to expire March 31, 2022.

Current Tent Structures Are No Longer Needed.

Throughout Beverly Hills and Los Angeles County outdoor dining has been expanded with sidewalks, parklets and the like, and 190 Canon has no issue with (and indeed supports) the general concept of expanded outdoor dining areas. But what makes the permits at issue here different is that the outdoor dining areas constructed by Spago and Nusr-Et are uniquely expansive, with the massive Tent Structures that cover a broad swath of the sidewalk and street area on the 100 block of North Canon Drive.

In light of the fact that indoor dining in Los Angeles County is now fully allowed (and has been for over seven months), with no capacity restrictions, the Tent Structures are no longer needed in response to the pandemic. Moreover, there is sufficient space in DocuSign Envelope ID: 9551E8C2-2486-42A1-BF5E-1D2DB624CC58 City Council of Beverly Hills
February 23, 2022

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front of both Spago and Nusr-Et for sidewalk dining or standard parklets that can be permitted through the successful OpenBH program. Additionally, it should be noted that Nusr-Et lacks a regular lunch or dinner dining crowd and lately it has been observed that its Tent Structure is empty or minimally occupied. Further, Spago’s existing dining facilities already incorporate a beautiful courtyard for indoor/outdoor dining. Indeed, now that restrictions have been lifted, Spago and Nusr-Et have actually been able to significantly expand their capacity beyond pre-pandemic levels which not only was never the intent behind granting the temporary permits, but any further extension of the permits would likely require an Environmental Impact Study and review of current Code provisions and compliance therewith. Further, extending the permits when there is no need based on the public health crisis essentially would be allowing the restaurants to expand capacity beyond pre-pandemic levels and increase their profits at the expense of neighboring businesses, as more fully described below.

The Negative Impact on 190 Canon and its Tenants Resulting From the Street Closure at the Clifton Way/North Canon Intersection and Tent Structures Presents Another Reason Not to Further Extend the Temporary Permits.

Unfortunately, the street closure at the intersection of Clifton Way and North Canon Drive and the Tent Structures and related valet parking service have posed numerous issues negatively affecting 190 Canon and its tenants. To begin with, NusrEt’s Tent Structure extends beyond its own leased property line and in front of 190 Canon, obstructing 190 Canon’s only public entrance. [See attach diagram as Tab B.]1 Other examples of the issues 190 Canon and its tenants face include as follows:
• 190 Canon tenant Pacific Premier Bank, which occupies the ground floor has complained about loss of business due to the street closure, the Tent Structures and the related valet parking service. [See Tab C at 1.] • 190 Canon tenant Genius Brands possesses signage rights as part of its lease but has had to forgo its signage plans on the exterior of the building due to the street closure reducing foot traffic and the Tent Structures limiting viewing opportunities. Genius Brands, who often has clients visit its office, has also complained about the negative impact the Tent Structures have had on the building and its surroundings. [See Tab C at 2.]
1 In November of 2021, 190 Canon, through counsel, communicated with the City proposed modifications to address some of the problems resulting from the Tent Structures and related valet service. Certain modifications were agreed to and made in early December 2021 by Nusr-Et, including installing landscaping against the wall of the Tent Structure facing 190 Canon’s entrance and moving the valet stand to the west side of North Canon Drive in order to reduce activity and crowding in proximity to 190 Canon’s entrance. While these modifications by Nusr-et addressed some of the problems, other issues remain.

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• 190 Canon tenant Martin Katz (jeweler) has complained about Nusr-Et’s Tent Structure extending in front of 190 Canon’s lobby as being an “eyesore” and about the people that line up for the restaurants further blocking the building and loitering at night (while intoxicated) in addition to the complaining about the lack of esthetically pleasing signs around the valet area. [See Tab C at 3.] • Another 190 Canon tenant has recently complained about the loud music coming from the Nusr-Et tent and that it is difficult for clients to park and enter his office in the building. [See Tab C at 4.]
• 190 Canon has had to delay completing planned interior and exterior renovations due to the Tent Structures and street closure that obstruct access for contractors to perform needed work. This obviously affects 190 Canon’s ability to maintain and attract new tenants (and exterior renovations would also obviously be beneficial to the City of Beverly Hills as well which has an interest in keeping its landmark buildings well maintained). • As recent as February 18, 2022, 190 Canon’s listing broker has related negative comments from prospective tenants regarding the Spago and Nusr-Et Tent Structures such as “eye sore; no parking for visitors; valet blocks sidewalk; loud music; special treatment taking entire street compared to “parklets” up to the street; loitering in front of building.” [See Tab C at 5.] It is more than apparent the Tent Structures erected by Spago and Nusr-Et far exceed what was originally contemplated by the OpenBH Program. See attached “Parklet Examples in Beverly Hills and Beyond”, a document provided by the City of Beverly Hills that includes images and diagrams of outdoor dining setups that are not remotely as robust as the Tent Structures. (Tab D.) The Tent Structures are unlike any of the surrounding outdoor dining setups. While 190 Canon was supportive of the restaurants erecting temporary tents for outdoor dining, it did not consent to one of the Tent Structures crossing over its property line and obstructing 190 Canon’s entrance. It also always assumed that the Tent Structures would be temporary and would be removed when indoor dining resumed.

The commercial real estate industry is obviously important to the economic wellbeing of the City of Beverly Hills and the interests of property owners who have provided continuous and significant revenue to the City must be balanced with the interests of the restaurant industry. Given that there is no longer any ban or limitations on indoor dining and options for more reasonable sidewalk and parklet dining areas are available via the OpenBH Program, and given the problems 190 Canon and its tenants face due to the Tent Structures, further extensions for the Tent Structures should not be granted (this position is not meant to be applied to the use of temporary structures for special events which can be approved through the normal procedural steps required by the City). Further extending the permits for the Tent Structures that are no longer needed would unfairly and arbitrarily allow the restaurants to significantly expand and increase profits at the expense of surrounding buildings such as 190 Canon (and its tenants) – a result that is neither fair nor just.

DocuSign Envelope ID: 9551E8C2-2486-42A1-BF5E-1D2DB624CC58 City Council of Beverly Hills
February 23, 2022

Page 6 ends

190 Canon sincerely appreciates the City Council’s time and consideration of its position on this important issue.

Sincerely,
Very truly yours,
Jeffrey B. Valle

Robert G. Hayman
190 Canon Property, LLC
Attachments
cc: Magdalena Davis, Special Events & Filming Coordinator (via email, w/attachments) Huma Ahmed, Office of the City Clerk of Beverly Hills (via email, w/attachments) DocuSign Envelope ID: 9551E8C2-2486-42A1-BF5E-1D2DB624CC58 TAB A

DocuSign Envelope ID: 9551E8C2-2486-42A1-BF5E-1D2DB624CC58 BRENTWOOD PROPERTY MANAGEMENT, INC.
8441 154TH AVENUE NE
BUILDING H, SUITE 210
REDMOND, WA 98052
September 9, 2021
City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, California 90210
VIA EMAIL TO: [email protected]
RE: 190 North Canon Drive
Beverly Hills, CA 90210
To Whom it May Concern:

I am writing on behalf of 190 Canon Property, LLC regarding the commercial office building located at 190 N. Canon Drive, also known as the Fred Hayman Building. Having been owned by “Mr. Beverly Hills,” it is a landmark building in the city and continues to be run by the Hayman family. With the signature yellow and white awnings that Fred Hayman made famous on Rodeo Drive before Rodeo Drive was famous, the building is unmistakable. Over the past year, however, some clients and passersby’s have mistakenly believed the building is closed for major renovations. This is due to the entire building frontage being obstructed by outdoor restaurant seating tents, and related valet service. The front entrance of our building is the only entrance available for clients’ use and the large tent blocking half the building combined with disruptive valet service is not the image our high profile tenants want to reflect. Because the adjacent restaurant’s outdoor tent space passes their property line and is over halfway in front of our building, the restaurant hosts set up directly in front of our lobby doors. When showing space to prospective tenants, the first question asked is, “When are they removing the tents?” Not having a concrete answer is affecting our leasing efforts and frustrating our tenants. This is seriously impacting current tenants and our prospecting.

Our portion of Canon Drive is no longer accessible to vehicles, and parking meters both in front of the building on Canon Drive and the side of the building on Clifton Way have been removed or are no longer available for use. As we do not have client parking available in the building, the removal of these parking spaces has been detrimental to our clients. The retail bank located on the ground floor has resorted to sending employees to and from cars in order to conduct transactions for their clients, many clients have stopped using the location all together and as a result, the bank was forced to reduce staff. Our full floor tenant, after already investing money in the design and fabrication of planned exterior signage, has now abandoned those plans citing the obstruction caused by the tent as the reason. Tenants are constantly complaining of crowds by the front doors, trash left behind by the valet and patrons the night before so much so that Ownership will now have to hire their own security guard to make sure the front doors and DocuSign Envelope ID: 9551E8C2-2486-42A1-BF5E-1D2DB624CC58

Page 2 of 2 ends

parking are clear during restaurant hours. The current locations of the valet and outdoor seating today the way it stands, is an absolute hindrance to our business and property.

We understand the impact COVID has had on restaurants and made no objection to the outdoor seating tent when initially set up. However, now that indoor dining is permitted, the outdoor tent seating is no longer the only option for restaurants to remain open. At minimum, the size of the outdoor seating tent should be reduced so it is no longer crossing over the restaurant’s property line and blocking our building. In addition, the metered parking directly in front of the building should be available for use and unobstructed by the restaurant’s valet service.

Should you have any questions, please do not hesitate to call the undersigned.

Sincerely,
BRENTWOOD PROPERTY MANAGEMENT, INC.

Kerri Healey
Sr. Property Manager
DocuSign Envelope ID: 9551E8C2-2486-42A1-BF5E-1D2DB624CC58 TAB B

DocuSign Envelope ID: 9551E8C2-2486-42A1-BF5E-1D2DB624CC58

EXISTING TEMPORARY APPROVAL/SITE CONDITIONS
Nusr-Et tent encroaches into the roadway directly in front of the Fred Hayman building at 190 N. Cañon Drive. Below is a depiction of the location of the encroachment (shown with a red line extending along the property line through into Canon Drive) and a red rectangle depicting the location of the former metered parking spaces that had long served as the primary access for many patrons and tenants at the Fred Hayman building. Whereas Spago’s tent is located in line with its street frontage, Nusr-Et encroaches and overwhelms the frontage and access points the Fred Hayman Building causing a nuisance.

DocuSign Envelope ID: 9551E8C2-2486-42A1-BF5E-1D2DB624CC58 ' '
190 N . c anon Dr. (Fred
Hamman 8u"y9
' '
190 N . c anon Dr. (Fred
Hamman 8u"y9
' '
190 N . c anon Dr. (Fred
Hamman 8u"y9

EXHIBIT C

DocuSign Envelope ID: 9551E8C2-2486-42A1-BF5E-1D2DB624CC58 C-001
DocuSign Envelope ID: 9551E8C2-2486-42A1-BF5E-1D2DB624CC58 From:

To:

Subject:

Date:

Hi Kerri,
Pavam Zarini
Kerri Healey
RE: [External] Email
Tuesday, September 7, 2021 10: 10:21 AM
Per our conversation, we have gotten numerous complaints about the lack of parking and parking meters on this street due to the street closure and the restaurant. We have lost most of our walk-in traffic because of this and the continuous construction/street closure on this street in the past year.

There were times that we couldn't even get into the branch ourselves. We have also noticed the number of transactions on our ATM machine has reduced drastically which is odd since there's more people going to the restaurant. We believe it has something to do with the valet blocking the area.

Other things that we have noticed is the number of trash, cigarette buds, and vomit outside the branch. This is a picture from this morning. Our parking lot has become their employees break room and there is always trash and left over food. As much as we love their staff and the valet crew, we believe these are all things that are hurting our business and the building.

Payam Zarini I VP I Sr. Branth Manager
192 N Canon Dr, Beverly Hills, CA 90210
Direct: (310) 786-7560
NMLS #461907
www.ppbi.com
From:

To:

Subject:

Date:

Payam Zarini I VP I Sr. Branth Manager
192 N Canon Dr, Beverly Hills, CA 90210
Direct: (310) 786-7560
NMLS #461907
www.ppbi.com
From:

To:

Subject:

Date:

Payam Zarini I VP I Sr. Branth Manager
192 N Canon Dr, Beverly Hills, CA 90210
Direct: (310) 786-7560
NMLS #461907
www.ppbi.com
C-002
DocuSign Envelope ID: 9551E8C2-2486-42A1-BF5E-1D2DB624CC58 ( #user
• 190 N Canon Dr, Floor 4 Beverly Hills, CA, 90210.(310) 499-2402 Andy Heyward
Genius Brands International
190 N Canon Dr
Floor 4
Beverly Hills CA 90210
September 9, 2021
To Whom it May Concern,
I am the CEO of Genius Brands International, Inc. a publicly traded company with offices on the entire fourth floor of 190 N Canon Dr. Our building shares the street with two restaurants, Spago and Nusr-Et Steakhouse. Last year, during the peak of the COVID-19 pandemic, our restaurant neighbors set up large tents encompassing the entire block and directly outside the front of our building.

The main issue we have is that Nusr-Et Steakhouse employees and guests are using the front of our building as a lobby while they wait to be seated. With this brings trash and debris. This includes cups, wine glasses, napkins and cigarette butts scattered in the front of our building that are not picked up by the restaurant staff when they close for the evening. This trash is not only left by the restaurant guests but also the restaurant staff. The front area of our building has been transformed into a host lobby where the restaurant hosts greet guests as they wait to be seated. The hosts also leave their trash on the outdoor ledge of the building's entryway, often without bothering to remove it. When I arrive to the office some mornings, I am shocked by the amount of trash that is in front of the building from the restaurant that was left from the night before. I often have clients, guests and personnel that come into the building, and I cannot tell you how embarrassing and unsightly it is to have them arrive with trash sitting out in front of the building. It is already bad enough that they cannot park on the street. This has to stop.

I am requesting that you make clear to our neighbors that this area is to be shared and that they must respect the property rights of their neighbors as we do theirs. We all have to make changes in order to thrive during these times, however our neighbors should not be able to thrive at our expense. Thank you for your time and cooperation.

Sincerely,
/
!
Andy Heyward
( #user
• 190 N Canon Dr, Floor 4 Beverly Hills, CA, 90210.(310) 499-2402 Andy Heyward
Genius Brands International
190 N Canon Dr
Floor 4
Beverly Hills CA 90210
September 9, 2021
To Whom it May Concern,
I am the CEO of Genius Brands International, Inc. a publicly traded company with offices on the entire fourth floor of 190 N Canon Dr. Our building shares the street with two restaurants, Spago and Nusr-Et Steakhouse. Last year, during the peak of the COVID-19 pandemic, our restaurant neighbors set up large tents encompassing the entire block and directly outside the front of our building.

Sincerely,
/
!
Andy Heyward
From: Martin Katz
To: Kerri Healey
Subject: Email to the city
Date: Thursday, February 17, 2022 2:34:57 PM
Kerri,
A section from an email I wrote to Lili Bosse 10/25/2021:

On another note, the NusrEt tent which extends well into the front lobby area of the 190 Canon building is an eyesore for our building and a bone of contention to all the tenants. It visually blocks our entrance; people line up for the restaurant and block the front of the building and the drunkenness that occurs late night with intoxicated people sitting on the ground outside the building lobby area at night is sinful and a blemish to the street and to BH. I think at the very least they should be required to remove a section of their tent, so it does not extend past their own building. I am surprised the city approved the tent to encroach so much in from of this Beverly Hills landmark building. Helping businesses through this pandemic should not come at the expense of other businesses they may impact.

Also, do you think the city could do something esthetically pleasing for the valet area for Spago and NusrEt? They installed the nice round-a-bout to turn onto Clifton but left the valet area looking like a bad construction zone and the street looking closed to the public. Can’t you do something nice in place of the closed off street signs that speaks to the elegance of Beverly Hills instead of the barricades, road closed and DO NOT ENTER road signs? Just sharing my thoughts and hope you don’t mind.

Martin Katz
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The content of this email is confidential and intended for the recipient specified in message only. It is strictly forbidden to share any part of this message with any third party, without a written consent of the sender. If you received this message by mistake, please reply to this message and follow with its deletion, so that we can ensure such a mistake does not occur in the future.

C-003
DocuSign Envelope ID: 9551E8C2-2486-42A1-BF5E-1D2DB624CC58 88 s
1 Kerri Healey
From: David Bender <[email protected]>
Sent: Thursday, February 17, 2022 9:53 AM
To: Kerri Healey
Subject:

Hi kerri, glad we spoke and rehashed some issues yesterday.

Additionally, I wanted to let you know that the Nusr-Et tent located in front of the building makes it very difficult for my clients to park and come in to my business located on the 2nd floor. Often times they are also playing the music very loudly and I’ve had to ask them to turn the volume down. Thank you for your prompt attention to this matter. Sincerely, David Bender
David A. Bender | Senior Vice President – Private Client Group – My Bio D. 310.432.6985 | P. 866.493.7337 | C. 818.634.0498 | F. 310.461.0013 190 N. Canon Drive, Suite 200, Beverly Hills, CA 90210
The information transmitted may contain confidential material that should not be considered an offer to sell or a solicitation of an offer to buy a particular security; this is only intended for the person or entity to which it is addressed. Any review, retransmission, dissemination or other use of, or taking of any action by persons or entities other than the intended recipient is prohibited. If you are not the intended recipient, delete the information and contact the sender. For your protection, we cannot accept trades via email, nor should you transmit confidential information, such as your social security. Prices, yields, and availability are subject to change. The information provided herein is obtained from sources deemed reliable; however, Siebert Financial Corp., the public holding company and its affiliates/subsidiaries, Muriel Siebert & Co. a registered Broker Dealer, Inc., Siebert AdvisorNXT, Inc. a registered RIA, and Park Wilshire Companies, Inc. a licensed insurance agency; cannot guarantee its accuracy, completeness, or suitability for any purpose and makes no warranties with regard to the results to be obtained from its use. Investment advisor products are not insured by the FDIC, any federal government agency, Siebert Financial Corp or its affiliates. Annuity investments are not insured by the FDIC, SIPC, NCUSIF or any other Federal Government Agency. Any guarantee is subject to the financial strength of the paying ability of the issuing company. Insurance/Annuity products are offered through third-party insurance companies, which are not affiliated with Park Wilshire Companies, Inc. or its affiliate companies under Siebert Financial Corp.

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DocuSign Envelope ID: 9551E8C2-2486-42A1-BF5E-1D2DB624CC58 From: Dylan McCarthy
To: Kerri Healey
Subject: 190 Canon Drive / Tents
Date: Friday, February 18, 2022 10:54:50 AM
Hi Kerri,
The following are some general comments I have received from prospective tenants regarding the Nusret and Spago tents:
- eye sore
- no parking for visitors
- valet blocks sidewalk
- loud music
- special treatment taking entire street compared to "parklets" up to the street - loitering in front of building
--
Best Regards,
Dylan McCarthy
CANON BUSINESS PROPERTIES, INC.
190 North Canon Drive, Suite 304
Beverly Hills, California 90210
310.273.1975 (Office)
310.400.9896 (Mobile)
310.273.1979 (Facsimile)
www.CanonProperties.com

CONFIDENTIAL AND PRIVILEGED
The information contained in this e-mail is privilege and confidential information intended for the sole use of the addressee. If the reader of the email is not intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please immediately notify the person above at 310.273.1975 and return the original message by electronic transmission to [email protected] immediately.

C-005
DocuSign Envelope ID: 9551E8C2-2486-42A1-BF5E-1D2DB624CC58 r
L
Ill

EXHIBIT D

DocuSign Envelope ID: 9551E8C2-2486-42A1-BF5E-1D2DB624CC58 Parklet Examples in Beverly Hills and Beyond
as of 7.15.2020
Restaurant/Existing Patio
Sidewalk
(minimum 5 feet pathway)
Parklet
(see below)
The City has committed to providing the
necessary traffic safety measures shown
above & below: wheel stop, signage, etc.

To apply, visit: BeverlyHills.org/OpenBH
Helpful Links:

1.https://nacto.org/publication/urban-streetdesign-guide/interim-design-strategies/parklets/

2.http://www2.oaklandnet.com/government/o/P
BN/OurOrganization/PlanningZoning/parklets/ind
ex.htm

3.https://sfpublicworks.org/services/permits/park
lets
DocuSign Envelope ID: 9551E8C2-2486-42A1-BF5E-1D2DB624CC58 Attachment 3
BrvtRly Hills
Beverly Hills City Council
City of Beverly Hills
455 North Rexford Drive
Beverly Hills CA, 90210
This letter is for the City Council official documents.

Feb.22,2022
My verbal commentary to the Council will remain within the allotted time frame.

Item Al Regarding the Extension of the OpenBH Program and Discussion of the 100 Block of N Canon Temporary Outdoor Dining Tents/ In Support of the of Continuation Open BH and the Spago Pavilion Dear Honorable Mayor Wunderlich and Members of the Beverly Hills Council:

The OpenBH program is a creative and profoundly effective solution to aid the many struggling hospitality venues and hotels during the ongoing COVID-19 pandemic and recovery. A great deal of vitality has returned to the city. Residents, as well as others, visiting the city, have felt far safer in the open-air dining environments, greatly uplifting the spirit of the city. Spago thanks OpenBH's Laura Biery and Magdalena Davis and their team, the city planners, the City Council, and the various stakeholders on Canon that provided support with regard to our outdoor Pavilion. Spago, and other establishments experienced historic financial losses, and sadly had to furlough thousands of employees which had a ripple effect across the economy of LA.

Spago invested over 400 thousand in our outdoor Pavilion. We were dedicated to building a structurally safe tent, and designing an environment we felt would speak to the elegance of the city. Many guests have voiced hope that the Pavilion would remain; I explain often that the Canon Wall will eventually come down and that Beverly will be closed for the construction of the Metro North Portal on Beverly.

I state this here to make it clear that we have always understood this endeavor to be a temporary solution. That being noted, I would like to make an appeal for the Canon Wall and Spago Pavilion to hopefully remain until the construction of the Beverly Portal requires closure of the street, or until the city can agree on parameters and codes for permanent parklets; we all need alternatives for outdoor dining.

Our concerns stem from the yet unknown re-emergence of COVID-19 during the Fall/Winter months.

If this occurs in full scale, we will experience another serious situation. Many diners, even today as COVID has waned a bit, still want to be outdoors. Some people do not think COVID is an issue anymore, we disagree. We continue to test our staff twice a week.

I/6 Noil Coy DRivt, BtRly Hills., Cliloi 90210 • Tl- ( 10) 38-0880 • FAN. (10) %8-9690 www.wollquptck.«OM
BrvtRly Hills
Beverly Hills City Council
City of Beverly Hills
455 North Rexford Drive
Beverly Hills CA, 90210
This letter is for the City Council official documents.

Feb.22,2022
My verbal commentary to the Council will remain within the allotted time frame.

Our concerns stem from the yet unknown re-emergence of COVID-19 during the Fall/Winter months.

I/6 Noli Co Divt, Bmul Hills., Cliloi 90210 • E (3 10) 38-0880 • Fx. (310) 38-9690 www.wollquptck.co
BrvtRly Hills
Beverly Hills City Council
City of Beverly Hills
455 North Rexford Drive
Beverly Hills CA, 90210
This letter is for the City Council official documents.

Feb.22,2022
My verbal commentary to the Council will remain within the allotted time frame.

Our concerns stem from the yet unknown re-emergence of COVID-19 during the Fall/Winter months.

I/6 Noil Ciov Divt, Bu«ly Hills., Cliloi 90210 • Tl- (3 10) 38-0880 • FAN. (10) %8-9690 www.wollquptck.co
I have seriously listened to the concerns of the Canon stakeholders and have tried to ask for help in remedying issues. Premier Bank in the Robert Hayman building on the corner of Canon and Clifton needed parking for their clients. City engineer Daren Grilley, as well as the OpenBH team and the BH police department collectively made the bank only designated parking materialize, as well as resurrecting four parking meters on the South side of Clifton. We CAN solve issues together.

David Mirharooni who has restaurants in two buildings on Canon, {Maestro's and SugarFish), expressed a need for a roundabout in front of the tents' valet at the inception of the program; this happened as well thanks to the skills and cooperation of the traffic engineers.

We have diligently tried to fulfill our obligations to the city and have made every effort, both pre-COVID when the Canon wall was erected to deal with Metro construction concerns, and now during this ongoing COVID chapter.

The creation of this costly structure is a onetime event We are already planning for the future when the Pavilion will be removed. Plans for a far more modest expansion of Spago with a parklet are being tentatively developed, however this will take time and require clear direction and codes from the city.

We are also aware that there will be a review and necessity of fees for tents and parklets based on specific usages, fairly soon for existing conditions, and then later for permanent structures.

Presently we have a great deal of support for the Pavilion remaining in place for some time longer from nearby stakeholders and further up Canon; their letters of support will have been sent to the City Clerk.

For anyone who feels that the Canon closure at Wilshire is detrimental to their businesses I can say that I see filled spaces; many have large open-air tents along the streets, others have roof top facilities. Many new restaurants are being leased and opened on Canon; our Pavilion has not deterred that. We want all of our neighbors to thrive. There is full access above the 100 block, as well as the U-turn accommodation, and access from Crescent to Clifton to Canon. I respect the concerns of some of the dissenting stakeholders but do not agree with all of the arguments. We were all certainly relieved the wall was up during the civil unrest in the city. It has also helped eliminate supercars racing down Canon.

Again, we are very aware that the Spago Pavilion will need to be removed in the future; we hope to have time to plan for that. If the North Portal had been designated for Canon the street would have been closed from March 2023 for a year or possibly longer more. The Pavilion if allowed to remain for its longest duration would have to be removed for that construction.

Consideration of maintaining the Canon Wall will be reviewed at the end of August/September. This is somewhat confusing timing wise in relation the tent review. At Spago we are on hold as we wish to resume our Annual Passover Seder for Mazon in April (our 38" year), which benefits the hungry in Los Angeles. We also have potential contracts for Sept. and Oct. and further out we cannot confirm.

In summary: We are hoping to retain the Pavilion at least through the winter months, and ideally until the city deems it necessary to open Canon so that there will not be two adjacent streets closed to Wilshire.

I have seriously listened to the concerns of the Canon stakeholders and have tried to ask for help in remedying issues. Premier Bank in the Robert Hayman building on the corner of Canon and Clifton needed parking for their clients. City engineer Daren Grilley, as well as the OpenBH team and the BH police department collectively made the bank only designated parking materialize, as well as resurrecting four parking meters on the South side of Clifton. We CAN solve issues together.

David Mirharooni who has restaurants in two buildings on Canon, (Maestro's and SugarFish), expressed a need for a roundabout in front of the tents' valet at the inception of the program; this happened as well thanks to the skills and cooperation of the traffic engineers.

We are also aware that there will be a review and necessity of fees for tents and parklets based on specific usages, fairly soon for existing conditions, and then later for permanent structures.

Barbara Lazaroff, ASID
Co-Founder/Partner Spago, Chinois, CUT, Lupo
Co-Founder Wolfgang Puck Brand-Worldwide, Catering, WP Licensed Products President, Imaginings Design - Flame of Life Products
805 North Sierra Drive, Beverly Hills, CA 90210
Office:# 310-276-7939, Fax: # 310-275-9443 Mobile: 310-779-0030 Website: www.barbaralazaroff.com
Email: [email protected]
lnstagram:BarbaraLazaroff_official
Barbara Lazaroff, ASID
Co-Founder/Partner Spago, Chinois, CUT, Lupo
Co-Founder Wolfgang Puck Brand-Worldwide, Catering, WP Licensed Products President, Imaginings Design - Flame of Life Products
805 North Sierra Drive, Beverly Hills, CA 90210
Office: # 310-276-7939, Fax: # 310-275-9443 Mobile: 310-779-0030 Website: www.barbaralazaroff.com
Email: [email protected]
lnstagram:BarbaraLazaroff _official
Barbara Lazaroff, ASID
Co-Founder/Partner Spago, Chinois, CUT, Lupo
Co-Founder Wolfgang Puck Brand-Worldwide, Catering, WP Licensed Products President, Imaginings Design - Flame of Life Products
805 North Sierra Drive, Beverly Hills, CA 90210
Office: # 310-276-7939, Fax: # 310-275-9443 Mobile: 310-779-0030 Website: www.barbaralazaroff.com
Email: [email protected]
lnstagram:BarbaraLazaroff_official
Attachment 4
1 February 24, 2022
Beverly Hills City Council
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, CA 90210
Re: Extension of OpenBH Program
Dear Honorable Mayor Wunderlich and Members of the Beverly Hills City Council:

The Chamber writes to you regarding the item on the Study Session Agenda for March 1 regarding a potential extension of the current OpenBH program for outdoor dining and other uses. The Chamber supports the OpenBH program and previously submitted a set of eight recommendations for your review.

The Chamber is fully supportive of extending the current no fee OpenBH program while the City works to develop and implement a permanent program. The OpenBH program has been a great success and has added vibrancy to the City’s streets. Continuing the program until final standards are in place is a good way to ensure that vibrancy continues.

Thank you for taking the time to evaluate this important matter.

Sincerely,
Todd Johnson
President and CEO
Beverly Hills Chamber of Commerce

CHAMBER
--cf--

COMMERCE

CHAMBER
--cf--

COMMERCE

CHAMBER
--cf--

COMMERCE
Attachment 5
From: Josh Zad <[email protected]>
Sent: Tuesday, February 22, 2022 7:11 PM
To: City Clerk <[email protected]>
Cc: Natalie Swain <[email protected]>
Subject: OpenBH Program - Alfred Coffee - 490 N Beverly Drive Hello!
As a Business owner in Beverly Hills who just had a patio approved under the OpenBH program (and will spend a considerable amount building said patio!) I would like to ask that the program extend by AT LEAST ONE YEAR from the current expiration date to not only stretch my investment, but allow me to continue to make additional profits to offset the losses from two years of Covid-19 related damages.

Thank you for your consideration.

Best, Josh
—
Josh Zad
Alfred
Attachment 6
Received over email 2/23/2022
February 23, 2022
Honorable Mayor Robert Wunderlich and Beverly Hill City Council City of Beverly Hills
455 North Rexford Drive
Beverly Hills, CA 90210
Dear Honorable Mayor Wunderlich and Beverly Hills City Council:

I am writing this letter as an individual and an executive with the Allen Media Group, Byron Allen’s Media Company. We would like to support an extension of the Open BH program and to strongly advocate for the efforts of Spago Restaurant in maintaining its Pavilion. We have enjoyed many dinners and events, both charitable and personal at Spago in its welcoming outdoor setting. Everyone enjoyed and felt very comfortable in the striking tent for Byron’s Star on Hollywood Boulevard after party, his 60th birthday, and the many events that we have organized at the restaurant. We have always asked for seating in the outdoor venue because many of our clients, friends and employees are not comfortable eating indoors at this point until the pandemic is over.

When planning larger dinners or events, it is sensible to accommodate everyone in an environment in which they all feel at ease and safe. Presently, and with the possibility of COVID health risks returning in the later months, we strongly believe that outdoor dining continues to be a very sensible and preferred option. We would certainly like to see one of our favorite restaurants in Beverly Hills continue to thrive. Spago is certainly a highlight of the city’s hospitality landscape, and the outdoor Pavilion has become a landmark, at least for now.

We also applaud the OpenBH program for helping restaurants of all types, who were profoundly damaged to financially reorganize and succeed. In lieu of the Canon Dr. closure, it makes judicious economic sense for the City to allow the usage of the area to benefit the businesses and to create enthusiasm within Beverly Hills.

Warmest regards,
Eric
Eric Gould | Chief Investment Officer & EVP of Finance | Allen Media, LLC c: 646-691-6235 w: 310-277-3500 e: [email protected]
Attachment 7
Douglas
Emmett
February 23, 2022
Honorable Mayor Robert Wunderlich and Beverly Hill City Council City of Beverly Hills
455 North Rexford Drive
Beverly Hills, CA 90210
1299 Ocean Avenue, Suite 1000
Santa Monica, California 90401
Telephone: (310) 255-7700
Dear Honorable Mayor Wunderlich and Beverly Hills City Council:

I am writing with regard to Item Al on the City Council agenda on March 1, 2022 to express Douglas Emmett's support of the OpenBH program and the extension of Spago Pavilion. The Spago tent is located on Canon Drive adjacent to our 9401 Wilshire property, which runs from Wilshire back to our parking garage entrance at Clifton. Since Spago opened the Pavilion they have been a great neighbor and respectful of our agreement to maintain access to our parking garage.

We own many office buildings in Beverly Hills besides 9401 Wilshire and believe that the OPEN BH program has been great for both restaurants and the city of Beverly Hills. We realize that the Covid situation is improving, however we still understand the need for and appeal of outdoor dining. We feel the temporary cul-de-sac on Canon is ideally suited for such a use and therefore support the extension of the OPEN BH program and Spago's Pavilion.

Respectfully,
Ke
(
vin
-
A. Crummy
Chief Investment Officer
Douglas
Emmett
February 23, 2022
Honorable Mayor Robert Wunderlich and Beverly Hill City Council City of Beverly Hills
455 North Rexford Drive
Beverly Hills, CA 90210
1299 Ocean Avenue, Suite 1000
Santa Monica, California 90401
Telephone: (310) 255-7700
Dear Honorable Mayor Wunderlich and Beverly Hills City Council:

Respectfully, (-
_
Kevin A. Crummy
Chief Investment Officer
Douglas
Emmett
February 23, 2022
Honorable Mayor Robert Wunderlich and Beverly Hill City Council City of Beverly Hills
455 North Rexford Drive
Beverly Hills, CA 90210
1299 Ocean Avenue, Suite 1000
Santa Monica, California 90401
Telephone: (310) 255-7700
Dear Honorable Mayor Wunderlich and Beverly Hills City Council:

Respectfully,
Ke
(
vin
-
A. Crummy
Chief Investment Officer
Attachment 8
Leisure Properties, Ltd.
c/o Canon Business Properties, Inc.
190 N. Canon Drive, Suite 304
Beverly Hills, CA 90210
February 23, 2022
Beverly Hills City Council
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, CA 90210
Re: Extension ofOpenBH Program and Spago Tent on North Canon Drive Dear Beverly Hills City Council
As landlord of properties from 426 to 444 N. Canon Drive, Leisure Properties, Ltd. supports the extension of the OpenBH Program and the Spago tent on North Canon Drive.

Clearly retail shops, restaurants and others have suffered economically over the past 2 years due to Covid-19. The OpenBH program has not only provided businesses some relief through the outdoor program and related cost mitigations, but has provided a well-received venue to allow patrons to gather outside as indoor restrictions have progressed. Not so clear is the impact on related businesses not seen from the street.

It will take some time to restore the income to pre-Covid numbers and re-coup the losses incurred.

Continuing the OpenBH program certainly benefits the businesses participating in the program. I believe many others benefit as well. Activity on the street attracts patrons to Beverly Hills and I believe will lead to a return to normalcy or a new and better normal.

The wall at Canon and Wilshire has terminated traffic flow to and from North Canon Drive and though all of Canon is affected, certainly the addresses on the 100 block of North Canon are most impacted. The Spago Pavilion tent has been most important in keeping this treasured restaurant operating. It makes sense to keep this tent operating in the near future and can be reviewed again later. The Metro wall is probably staying up until early 2023 and the negative impact to sales will probably continue through then.

Thank you for your consideration.

Leisure Properties, Ltd,
A California Limited Partnership
By: Leisure Operations Co., general partner
»..40.« Zed
Glenn N. Leisure, President
Leisure Properties, Ltd.
c/o Canon Business Properties, Inc.
190 N. Canon Drive, Suite 304
Beverly Hills, CA 90210
February 23, 2022
Beverly Hills City Council
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, CA 90210
Re: Extension ofOpenBH Program and Spago Tent on North Canon Drive Dear Beverly Hills City Council
As landlord of properties from 426 to 444 N. Canon Drive, Leisure Properties, Ltd. supports the extension of the OpenBH Program and the Spago tent on North Canon Drive.

It will take some time to restore the income to pre-Covid numbers and re-coup the losses incurred.

Thank you for your consideration.

Leisure Properties, Ltd,
A California Limited Partnership
By: Leisure Operations Co., general partner
»»..4( Declo.

Glenn N. Leisure, President
Leisure Properties, Ltd.
c/o Canon Business Properties, Inc.
190 N. Canon Drive, Suite 304
Beverly Hills, CA 90210
February 23, 2022
Beverly Hills City Council
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, CA 90210
Re: Extension ofOpenBH Program and Spago Tent on North Canon Drive Dear Beverly Hills City Council
As landlord of properties from 426 to 444 N. Canon Drive, Leisure Properties, Ltd. supports the extension of the OpenBH Program and the Spago tent on North Canon Drive.

It will take some time to restore the income to pre-Covid numbers and re-coup the losses incurred.

Thank you for your consideration.

Leisure Properties, Ltd,
A California Limited Partnership
By: Leisure Operations Co., general partner
»..4( Declo.

Glenn N. Leisure, President
Attachment 9
Leisure & Carpenter Properties, Ltd.
c/o Canon Business Properties, Inc.
190 N. Canon Drive, Suite 304
Beverly Hills, CA 90210
February 24, 2022
Beverly Hills City Council
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, CA 90210
Re: Extension of OpenBH Program and Spago Pavilion on North Canon Drive Dear Beverly Hills City Council
As landlord of properties at 166 and 176 N. Canon Drive, Leisure & Carpenter Properties, Ltd. supports the extension of the OpenBH Program and the Spago tent on North Canon Drive. The Spago tent is located in front of our properties as Spago Beverly Hills is our tenant.

It will take some time to restore the income to pre-Covid numbers and re-coup the losses incurred.

Thank you for your consideration.

Leisure & Carpenter Properties, Ltd,
A California Limited Partnership
By: Leisure & Carpenter Management Co., general partner By: Lawrence B. Leisure, President
Signed on behalf of Lawrence B. Leisure
pdo er
Glenn N. Leisure
Leisure & Carpenter Properties, Ltd.
c/o Canon Business Properties, Inc.
190 N. Canon Drive, Suite 304
Beverly Hills, CA 90210
February 24, 2022
Beverly Hills City Council
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, CA 90210
Re: Extension of OpenBH Program and Spago Pavilion on North Canon Drive Dear Beverly Hills City Council
As landlord of properties at 166 and 176 N. Canon Drive, Leisure & Carpenter Properties, Ltd. supports the extension of the OpenBH Program and the Spago tent on North Canon Drive. The Spago tent is located in front of our properties as Spago Beverly Hills is our tenant.

It will take some time to restore the income to pre-Covid numbers and re-coup the losses incurred.

Thank you for your consideration.

Leisure & Carpenter Properties, Ltd,
A California Limited Partnership
By: Leisure & Carpenter Management Co., general partner By: Lawrence B. Leisure, President
Signed on behalf of Lawrence B. Leisure
pee deus
Glenn N. Leisure
Leisure & Carpenter Properties, Ltd.
c/o Canon Business Properties, Inc.
190 N. Canon Drive, Suite 304
Beverly Hills, CA 90210
February 24, 2022
Beverly Hills City Council
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, CA 90210
Re: Extension of OpenBH Program and Spago Pavilion on North Canon Drive Dear Beverly Hills City Council
As landlord of properties at 166 and 176 N. Canon Drive, Leisure & Carpenter Properties, Ltd. supports the extension of the OpenBH Program and the Spago tent on North Canon Drive. The Spago tent is located in front of our properties as Spago Beverly Hills is our tenant.

It will take some time to restore the income to pre-Covid numbers and re-coup the losses incurred.

Thank you for your consideration.

Beverly Hills, CA 90210
February 23, 2022
Re 270NCanon dr
Dear Cty Council of Beverly #ills.

Weare the owners of the building at 279N Canon Dr We have no objection to the cog of Canon at Wilshire for aother 6 months in the 100 Block in Beverly ills, Ca We also support the Open8t program ad the Spago Pavilion ( tent) on Canon dr until the wal is removed
ZEIN E 0BAGI, MD
SAMAR 0BAGI
270 N Canon Dr.

Beverly Hills, CA 90210
February 23, 2022
Re 270NCanon dr
Dear Cty Council of Beverly #ills.

We are writing to support an extension of time for the Open BH program and to allow Spago to maintain their tent while the City develops and implements a permanent replacement for the outdoor dining program. The ability to serve customers outdoors in tents has been a lifeline to these businesses, providing them a needed outlet to serve customers as COVID-19 restrictions continue to change, resulting in customers continuing to ask for outdoor dining.

Due to the continuing uncertainty surrounding COVID-19, we would appreciate anything you can due to allow the tents to remain up for a supplementary period of time; or until Canon is reopened. If the street is closed it seems to be a beneficial use of the space to keep Beverly Hills active.

Pacific Premier Bank is very grateful to the city for our Bank Only parking behind the valet area, and the added meters on Clifton to accommodate our clients, particularly the older ones.

This will greatly help us operate our branch successfully and serve the community.

Respectfully,
Payam Zarini | VP / Sr. Branch Manager
192 N Canon Dr, Beverly Hills, CA 90210
Direct: (310) 786-7560
NMLS #461907
www.ppbi.com
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Attachment 12
From: OP Jeff Kops <[email protected]>
Sent: Tuesday, February 22, 2022 3:03:50 PM
To: Huma Ahmed
Cc: Murray Fischer [email protected]
Subject: Canon Drive Closure
Huma,
This email is just to reiterate our stance on the closure at the end of Canon Drive onto Wilshire.

We do not have any issues with it remaining closed and both the restaurants at the end of the block keeping their tents up.

If you have any questions please feel free to reach out to me.

Best,
Jeff
Jeff Kops | General Manager
The Palm Beverly Hills | 267 N Canon Dr | Beverly Hills, CA 90210 Phone: 310-550-8811 | Fax: 310-278-5334
Email:[email protected] | www.thepalm.com
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Attachment 13
Received over Email 2/23/2022
February 23, 2022
Dear Honorable Mayor Wunderlich and Members of the Beverly Hills Council:

We are sending this letter of support for the continuation of the OpenBH outdoor dining program and enthusiastic support for Spago’s outdoor dining pavilion on Canon Drive.

Creating outdoor dining solutions that are accessible to residents and tourists have been critical in saving restaurants and thousands of jobs in Beverly Hills. The restaurant industry has some of the most dedicated and diligent people serving the public and contributing to Beverly Hills recognition as an international destination for world class service and hospitality.

Our family are longtime residents of Beverly Hills and frequent many of the city’s restaurants. Since the beginning of the pandemic we were reluctant to dine at restaurants that did not offer outdoor dining alternatives, including our favorite restaurant, Spago.

Dining at Spago Beverly Hills has been a significant part of our lives for over 20 years. We’ve celebrated birthdays, anniversaries, Christmas Eve, New Year’s Eve, and many other significant occasions. We have also held many business and board dinners there. During the pandemic we had no choice but to take strict precautions to limit our exposure to Covid 19 and reverted to curbside pickup of food to continue to support our favorite restaurants and their dedicated employees. Our weekly in-person dinners resumed only after the Spago pavilion was constructed. It’s a testament to Spago’s resilience, ongoing vision, and commitment to invest in such a large project to benefit the Beverly Hills community.

The atmosphere is spacious and comfortable and provides a safe environment for its patrons. This is particularly important to us given that our 91-year-old mother/mother-in-law dines with us each week. We deeply appreciate the care and attention of the Spago management team regarding public safety, including bi-weekly testing of their staff and the overall sanitary standards throughout the restaurant. We understand that outdoor dining experiences were a temporary and creative solution to rekindle business after the onset of Covid 19, however, our desire is for the pavilion to remain open as long as possible.

We have sadly seen so many restaurants and businesses close in Beverly Hills. We know that even Spago struggled and was concerned about the long-term implications. We also saw how the subsequent variants of Covid affected the community once again. Even as one of the most loyal and consistent of patron families, we made the decision to refrain from dining out while Omicron surfaced and spread so rapidly. Now that we have returned, we still always ask for outdoor dining. We now reserve our favorite booth in the pavilion after over 20 years of having a favorite booth in the main dining room.

Beverly Hills is blessed with many wonderful hotels, elegant shops, spacious parks, specialty stores, and outstanding restaurants. Spago is iconic and we hope they can retain their pavilion dining for the safety and comfort of the public. It seems pointless to discharge a solution that is working so wonderfully for the business and the city. We have been told that in March 2023 Beverly Drive will close for a year of Metro construction. If the wall remains until then, we hope the dining pavilion can as well.

We congratulate everyone who has contributed to helping Beverly HIlls reestablish itself and prosper. We expect nothing less from our extraordinary city.

Thank you for this opportunity to support a great idea in Beverly Hills, and a restaurant that feels like home to us.

Paul and Janet Pucino
Beverly Hills, CA 90210
Attachment 14
Received over email 2/25/22
Hi Laura,
We are of course huge supporters of the Open BH programme. Thank you, the city of Beverly Hills and your team for coming up with this idea in such a time of need for every hotel and restaurant. It is quite incredible what Open BH has done for Beverly Hills as a whole and the huge success it has brought to us here at The Terrace. Open BH has been amazing for the community and I hugely support the continuation of Open BH for all restaurants and hope the city will be able to support us going forward on a more permanent basis here.

Please do know we are in favour of the extension of Open BH and are willing to assist in any way that I can.

Hope to see you soon and in the meantime with best regards, Eugene
Eugene Leonard
General Manager
The Maybourne Beverly Hills
225 North Canon Drive, Beverly Hills,
CA 90210, United States
O: +1 (310) 860-7800
M: +1 (310) 714-3697
F: +1 (310) 860-7801
[email protected]
www.maybournebeverlyhills.com
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Attachment 15
Comparisons to Other Westside Cities
West Hollywood – The City Council extended the current “OutZone” program through December 2022. The program continues to be subsidized by the City and permit fees are waived through December 2022. Staff from Planning and Public Works will return to a future meeting with recommendations from a consultant regarding design standards for a long term program.

Santa Monica – The Santa Monica Outdoor temporary use programs were extended through June 30, 2022 with fees beginning on January 1, 2022. Fees include:
 Based on monthly sidewalk dining fee resolution - $2.12 - $7/square foot/month depending on location).
 Currently in the process of creating a permanent parklet program (including fee structure and approval process).
 Options to be discussed include 1-yr permits for parklets vs. 5-yr license agreements for sidewalk dining however all still under consideration.

Culver City – Established and adopted parklet design guidelines on July 12, 2021 and added parklets to the use of sidewalks for outdoor dining agreement process. Brought an item to the City Council on August 23, 2021 to discuss adding the use of parklets and other uses in the public right-of-way and modify the current outdoor dining agreement process. Offering applicants up to 12 months to pay most of their first-year startup fees. Considering various fee eliminations or waivers in the first year. Costs for parklets include:
 $1.08/square foot/month (Equivalent to $13/square foot rental fee charged annually) for use of the public right of way
 An additional $1,000 per parking space annual fee for the first five years  A one-time $750 application fee
 A one-time $50 issuance fee
 A one-time $32 technology surcharge fee is also charged at the onset  A one-time $2,000 maintenance deposit fee
 LA and Culver City Sewer Facility Charges (based on a per seat rate)

Beverly Hills City CouncilMarch 1, 2022

Beverly Hills City Council
March 1, 2022