City, Developers Told to Solve Road Dispute

A Ventura County Superior Court judge Wednesday ordered the city and developers of the Dos Vientos project to sit down at the negotiating table to find a solution to the range of safety concerns that the city has with controversial Borchard Road.

There have been three court hearings, and the order represented the third time that a Superior Court judge has affirmed the rights of Dos Vientos builders to complete the road, which will feed the $700-million, 2,350-unit Newbury Park housing complex.

But Judge Joseph Hadden, the third judge to rule on the matter, also gave the city two minor victories. He rejected the developers’ request to send the case into binding arbitration and reaffirmed the city’s authority over the street improvement plan, which outlines final details that must be completed, such as paving and curbing, before the road is opened.

“The judge ordered the parties to meet and confer in good faith to find ways to find agreement involving the street improvement plan,” City Atty. Mark Sellers said after the hearing.

The road extension will serve as one of only two arteries feeding the Dos Vientos project.

In July 1996, the City Council approved the road at a 12% grade, 7% steeper than city codes ordinarily allow. It reversed its position in July 1998 after widespread public protest over safety issues. Developers soon filed $100 million worth of lawsuits, leading to the three court decisions over the road.

Should the court determine that the city and developers are not negotiating in good faith, Hadden said he would institute a strict court-ordered schedule for review of the plan.

Both the developers and city are set to appear before the judge March 29 to report on the status of their negotiations.