Disagreement May Jeopardize Deal on $115-Million Encino Project

A last-minute disagreement between a developer and Councilman Marvin Braude’s office could jeopardize a compromise that eliminated movie theaters from a $115-million construction project on Ventura Boulevard in Encino.

Developer Jona Goldrich maintains that Braude’s staff quietly changed the agreement’s terms before a crucial City Council vote, Goldrich’s attorney, Benjamin M. Reznik, said Thursday. Consequently, Goldrich might ignore the compromise and build his project at Hayvenhurst Avenue with movie theaters as initially planned, despite neighbors’ objections, Reznik said.

But Braude’s chief aide, Cindy Miscikowski, attributed the disagreement to a misunderstanding by Goldrich. Other legal obstacles will prevent Goldrich from building the controversial theaters in any case, she said.

The dispute is expected to be heard today by the City Council, which is scheduled to vote on a sweeping set of building rules known as the Ventura Boulevard Specific Plan. The plan, which would govern development along all 17 miles of the boulevard, includes exemptions for Goldrich’s project based on his promise not to build cinemas, which residents opposed because of the traffic they would generate.

At issue is the size of a setback or buffer zone between Goldrich’s project and the back yards of about 15 residences on Moorpark Street. Residents want the setback to be at least 20 feet. According to Reznik, Goldrich was led to believe the setback would be 15 feet and based the project’s design on that. A change now would mean redesigning at least part of the project and resubmitting plans to the city for approval--a delay that could interfere with financing for the project, Reznik said.

Reznik said he discovered the 20-foot setback provision Dec. 17, the day before the City Council tentatively approved the Specific Plan. Reznik said he will ask the City Council today to change it to 15 feet.

The Goldrich exemption became the subject of eleventh-hour lobbying for changes Thursday by both the developer and the Encino Property Owners Assn. The homeowners group asked Braude’s office for a Specific Plan amendment that would prevent Goldrich from building a four-story project--as the Specific Plan would allow--instead of the three-story structure now planned.

“What’s to stop Goldrich from redesigning the project, which he has to do anyway, and simply go up to four stories?” said Robert L. Glushon, the homeowner group president.

Miscikowski said Braude declined to introduce the change to avoid further delays in the measure’s adoption. She and Glushon said they believe the Specific Plan forbids theaters on the site--regardless of what Goldrich wants. But Claudia Culling, the deputy city attorney overseeing the Specific Plan, said the issue needs to be researched.