Panel Will Discuss Borchard Road Case

In a rare public debate over ongoing litigation, the City Council on Tuesday will discuss in open session whether to challenge a Ventura County Superior Court ruling that dealt an apparent death blow to its fight against Borchard Road.

Prompted by a request from Councilman Dan Del Campo, who made Borchard Road the centerpiece of his successful election campaign last year, the council will vote on whether to pursue the challenge, called an “extraordinary writ,” that probably represents the city’s last chance to block the road in court.

A Superior Court judge last month ruled that the city could not stop the completion of the Borchard Road extension that will feed the 2,350-unit, $700-million Dos Vientos housing complex.

The council in 1996 approved the road with as much as a 12% grade--7% higher than city codes ordinarily allow--but then in 1998 sought to force developers to revise that plan after widespread public outcry over safety issues.

City Atty. Mark Sellers, however, has already advised council members against an open vote on the litigation, and has let them know that their chances of success in the court challenge are slim.

“The issuance of an extraordinary writ is generally a discretionary matter for the court and is rarely granted,” Sellers said.