Residents: The Courier investigates Parcels 12 & 13 Cover-Up At City Hall BEVERLY HILLS VOLUME: LI NUMBER 6 $135 PER YEAR - $1.25 PER COPY • www.bhcourier.com SINCE 1965 February 5, 2016 Aluzri, Lightner, City Staff Enabled Toxic Tree Cutting Mess A Courier Special Investigation By Victoria Talbot In The Beginning ... Director Steve Zoet, Urban For- ed nature of the soil on Parcels Mayor and Council members Documents obtained by •City Manager Mahdi est Manager Ken Pfalzgraf and 12 & 13 and the fact that envi- explaining that the BHLC was The Courier through a Califor- Aluzri and Deputy City Manag- Konheim’s attorney Bruce ronmental controls that should going to remove trees. This is nia Public Records Act demand er David Lightner received Howard to form a plan for the have been supervised by the the first time council was noti- reveal that Beverly Hills City maps and communications on tree removal that would ac- Department of Toxic Sub- fied according to emails, of the staff showed a pattern of disre- at least three occasions that de- complish the goal of prepara- stances Control (DTSC). plan to cut down all the trees gard for the regulatory agency tailed the City’s easement on tion of the site for the Santa • Until Nov. 18, emails • City staff engaged in a with oversight on the arsenic- the North side of Parcels 12 & Monica Boulevard construc- show the City planned to have controlled spin campaign with contaminated Parcels 12 &13 13, including the ALTA Survey, tion staging and storm drain a public information campaign talking points sent to employ- and that following the events, on Sept. 7, showing every tree work on the need to remove trees ees Nov. 23 for response when City staff was instructed to en- and bush on the site. • Lightner, Zoet and Aluzri that never materialized. people inquired. gage in a city-wide misinfor- • Lightner worked closely follow advice of Konheim’s at- • There is an absence of e- • Emails reveal that there mation campaign to counter with Beverly Hills Land Com- torney Bruce Howard, who in- mails from Nov. 18 - Nov. 20, was no consideration of legal public outrage over the cut pany (BHLC) part-owner Lyn fluenced their behavior to dis- when at 5:20 p.m. that Friday, a issues regarding permits or trees. Konheim, Community Services regard the highly-contaminat- memo was delivered to the (see ‘TREE CUTTING’ page 22) Judge: FTA Is Capricious To OK Subway Below Beverly Hills High, Violates NEPA By Laura Coleman Hills Unified School District On Wednesday, U.S. Dis- and the City of Beverly Hills to trict Judge George H. Wu de- return to his Central District of clared that the Federal Transit California courtroom on March Administration (FTA) failed to 14 to resume the hearing. He GOING HOME — On Thursday morning, a portrait of Edward Lawrence Doheny returned home to meet standards defined in the directed both sides–Beverly Greystone mansion after nearly 60 years in the office of his grandson, Patrick A. Doheny. After Patrick National Environmental Policy Hills and the FTA–to submit passed away, El Camino Building LLC. donated the portrait to the Friends of Greystone, with arrangements Act (NEPA) when it approved opening briefs on the “appro- made by Kathleen Doheny McCoy and Peter McCoy. Above, left: the portrait hanging in Greystone decades Metro’s plan to run a subway priate remedy” by Feb. 25 with ago. Above, right: Jerry Borja and Reggie Sully delivering the portrait back to Greystone Mansion. The tunnel under Beverly Hills their subsequent reply briefs return of the portrait is part of an ongoing effort to restore and renovate the home’s library and fill it full of High School, an area riddled due a week later. many of its old treasures. Photo by Daniel Hernandez with abandoned oil wells and Both City Attorney Larry pockets of potentially explo- Weiner and Jennifer S. Recine, THIS ISSUE sive methane gas. of Kasowitz, Benson, Torres & The Rich Get Richer: City “The court believes that Friedman LLP, Lead Counsel the FTA acted in an arbitrary for BHUSD, told The Courier and capricious manner, and they “look forward” to Judge Council OK’s Pay Hike For Staff did not take the requisite hard Wu’s final ruling. By Matt Lopez and Professional Employees. In look NEPA requires,” Judge Wu The Beverly Hills Board of Townscape Partners is pro- Despite staring down the bar- total, that covers 782 City employ- wrote in the 216-page tentative Education has been at the fore- posing a Frank Gehry rel of $184 million in unfunded ees. ruling filed Monday. front of a David-versus-Goliath development in the pension liabilities, the City Coun- The pay hikes were passed by Entertainment District. 14 Following nearly three battle ever since 2011, when cil on Tuesday approved pay raises a 4-1 vote, with Vice Mayor John hours of oral arguments, Judge Metro unveiled a decades-old for City employees that will cost Mirisch dissenting. Wu showed no willingness to map alleging the existence of the City just under $7 million over Although lowering the City’s significantly alter his lengthy five active faults running un- the next four years. $184 million unfunded pension li- tentative ruling, which he char- derneath BHHS. Subsequently, The pay increases cover six ability was listed as a top priority acterized as a “victory” for the BHUSD and the California City bargaining units: the Munici- by the City Council at its “priority- Beverly Hills High hung Beverly Hills. Geological Survey (CGS) championship banners for pal Employees’ Association (MEA) setting” discussion last year, “NEPA is a very high stan- trenched, using the most up-to- its two CIF champion Full and Part-Time units, the Safety Mirisch said he couldn’t vote for dard,” he explained. “The date technology, and discov- basketball teams 18 Support Association, Confidential the pay raises considering the question is, has it so clearly ered that Metro was wrong. Employees Association, Supervi- (see ‘PAY RAISE’ page 19) been met here? I don’t think it Concurrent with BHUSD’s sors’ Association and Management has been met.” own investigations, Metro Judge Wu ordered attor- (see ‘METRO’ page 19) Peninsula Beverly Hills Named neys for the FTA, the Beverly WEDDING BELLS — George Christy, U.S. News Top Hotel In California Mariah Carey and Page 6 By Laura Coleman fact, the Peninsula Beverly Hills is Australian billionaire A Nazi Flag The Peninsula Beverly Hills Southern California’s only hotel to James Packer, the media Hanging At The ranked supreme in this year’s “Best consecutively hold AA Five Dia- tycoon and philanthropist, Jewish Cemetery became engaged on Jan. Hotels” list just released by U.S. mond and Forbes Five Star titles 21 in New York. Mariah In Forest Lawn News & World Report. For 2016, since 1993. Shocked Barbara received a 35 carat dia- Warner Howard, the exclusive list ranked the Penin- “It is a real honor to be named mond ring valued at $10 Daughter Of sula #1 in L.A., #1 in California top hotel in California and Los An- million. They soon trav- Warner Bros.’ and #5 in the nation. geles by U.S. News & World Re- eled to Israel for spiritual Ann and Jack Peninsula Managing Director port 2016,” Nissenbaum said. “We consultation. Warner Offer Nissenbaum credited the un- are grateful to the local community paralleled top-notch service that and our valued guests for their sup- For more photos, see his team provides as fundamental port throughout the years. Equally George Christy’s column CLASSIFIEDS 25 to achieving this distinction. In (see ‘PENINSULA’ page 16) on page 6. Celebrity Agency/Scott Photo Downie Page 2 | February 5, 2016 BEVERLY HILLS NOTICE OF PUBLIC HEARING The Council of the City of Beverly Hills, at its meeting to be held on Tuesday, February 16, 2016 at 7:00 p.m., or as soon there- after as the matter may be heard, in the Council Chambers of the City Hall, 455 N. Rexford Drive, Beverly Hills, CA 90210, will hold a public hearing to consider: AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING ARTICLES 32 ( HISTORIC PRESERVATION) AND 32.5 ( HISTORIC INCENTIVE PERMIT ) OF THE BEVERLY HILLS ZONING CODE TO CLARIFY THAT CER- TAIN ARCHIVED PHOTOGRAPHS AND FILMS MAY BE CONSIDERED IN DETERMINING WHETHER A PROPERTY IS AN "EXCEPTIONAL WORK," TO REFINE THE CRITE- RIA FOR ISSUANCE OF HISTORIC INCENTIVE PERMITS IN THE TROUSDALE ESTATES AREA OF THE CITY, TO CLARIFY APPLICABILITY OF THE ORDINANCE TO INTE- RIOR SPACES, AND TO CLARIFY TIMEFRAMES FOR APPLICABILITY OF THE REVISED HISTORIC PRESERVA- TION ORDINANCE VERSUS APPLICABILITY OF THE PRIOR ORDINANCE. This ordinance clarifies and refines several aspects of the recent- ly adopted historic preservation ordinance. In particular, the ordinance: 1) Amends1) Amends the the definition definition of of"exceptional "exceptional work" work" to to be be clear clear thatthat certain certain archived archived photographs photographs and and films films may may be be considered considered inin classifyingclassifying a property a property as asan anexceptional exceptional work; work; 2) Refines2) Refines the the types types of of Historic Historic IncentiveIncentive PermitsPermits that that may may be be grantedgranted in in Trousdale Trousdale EstatesEstates to prohibitprohibit waivers waivers on on building building heightheight and and construction construction over over slopes; slopes; 3) Clarifies3) Clarifies when when the the ordinance ordinance may may apply apply to tointerior interior spaces, spaces, and and 4) Clarifies4) Clarifies when when a property a property would would be besubject subject to theto the revised revised historichistoricpreservationpreservation ordinance ordinance versus versus being being subject subject to theto theprior prior historichistoric preservation preservation ordinance.