Intimidation Tactics by Builder Leveled in Dos Vientos Feud

As the Planning Commission discussed more changes to the Dos Vientos Ranch development Monday night, opponents of the project complained that one of the developers of the embattled project is using intimidation tactics to silence dissenters.

Dan Del Campo, a Thousand Oaks resident who said he is considering becoming a candidate for City Council, received a letter from Courtly Homes attorney Gary Leven accusing him of distributing fliers that tarnished the reputation of Leven’s client.

“An applicant wants to deprive me of my right to free speech,” Del Campo said. This right is “protected under the Constitution and cannot be usurped by any private organization or governing body. To me these are sacred rights of all citizens.”

The letter from Leven, which Del Campo received last week, threatened possible litigation.

“After a review of your attached flyer, which was recently distributed and your various remarks, we are of the opinion that you have acted irresponsibly, maliciously and with the intent to injure our client’s business reputation within the community in an effort to sabotage the Dos Vientos Ranch project and advance your own personal political ambitions,” Leven wrote.

“Please take notice of our client’s intention to pursue you for all damages which Courtly Homes may sustain, including punitive damages, as a result of your slander, defamation and interference with prospective economic advantage.”

Leven also wrote to City Atty. Mark Sellers to express concerns about recent comments made by Commissioner Linda Parks. He said Parks “has been making inappropriate remarks at commission hearings based on unsubstantiated rumors and innuendo circulating in the city . . . with regard of the financial capacity of Courtly Homes to develop the Ranch.”

His letter, dated Monday, went on to say that the city should discourage its elected officials from making defamatory comments “unless they have the facts to support their remarks.” No legal action was mentioned.

Late Monday, the Planning Commission was still considering an application by Courtly Homes to build 208 single-family homes on a Dos Vientos tract that was originally slated for 244 attached duplexes--or 122 two-unit buildings.

The developer’s request aimed to take advantage of an ordinance passed by the City Council earlier this year that allows such changes in so-called in-fill lots--those that are surrounded by existing or approved development.

Michelle Koetke, chairwoman of a group calling itself Residents to Preserve Newbury Park, who, like Del Campo, received a letter threatening legal action from Leven late last week, argued against the changes.

“This is not an in-fill project,” Koetke said. “It is not to be built in an older area, . . . but is surrounded by open space.

“Twisting of the rules to increase profitability is not the intent of this ordinance and sets a dangerous precedent of large, upscale homes a mere six feet apart.”

Joy Meade was one of 24 concerned residents who voiced their opposition to the changes Monday night.

“For three years, the people of Thousand Oaks have used any public forum available to them to express their concerns and to ask for information they have every right to expect,” Meade said. “Courtly Homes has responded to our concerns and suggestions by threatening people with financial ruin in the form of a lawsuit.”

Parks, a critic of the proposal to change the tract plan, said the modification would increase the intensity of the project.

“It will increase the number of people,” she said before the meeting. “It will increase the number of buildings. It will increase the number of car trips. And it will decrease the amount of open space. There should be some type of environmental report for this.”

Courtly Homes is trying to reach a deal with city officials on more than $800,000 in unpaid fees. Koetke’s group, angry that arbitration has taken more than two years to resolve, filed a public records request with the city earlier this year to obtain documents explaining the delay.

But the request was denied by Sellers, who said the records pertained to pending litigation and were exempted from public disclosure.

Koetke’s group said that by defaulting on the fees, Courtly Homes broke its contract with city officials, and that the city, in turn, should be able to reshape and reduce the number of dwellings in the proposed 2,360-home project.