City asked to live with bad decision

NEWBURY PARK:

Residents have only the City Council to blame for design of Borchard Road extension.

Unfortunately, despite arguments to the contrary by the developers, it may prove to be Newbury Park residents who end up as the losers. If and when that proves to be the case, they can look back to July 1996 as the time they lost out to the whims of developers because of the lack of foresight and proper judgement on the part of the City Council.

It's important to note that approval of the Borchard Road extension didn't happen overnight. In fact, this issue first surfaced some 10 years ago and appeared to be resolved at that time, only to resurface at the behest of money-conscious developers eight years later.

Originally approved in 1988 for development that featured a 5percent grade, Borchard Road returned to the City Council agenda in July 1996, when developers, citing environmental concerns - while in reality showing more concern over grading costs ranging from $1.5 million to $4 million if they proceeded with the original plan - asked the City Council to grant approval for a design change that would permit a 12 percent grade.

The City Council could have stood firm that evening on the city's original Borchard Road decision but didn't. Instead, the council followed the lead of Councilman Mike Markey - a Newbury Park resident who only one month earlier had received a $1,690 campaign contribution from the developers design consultants - who argued that it was more important to preserve the environmental integrity of the Borchard Road hillside than to show concern about the steepness of a 12 percent grade.

Mr. Markey, of course, argues that developer contributions did not affect his decision. Regardless, Mr. Markey was joined by fellow council members Andy Fox and Judy Lazar in making a decision that clearly presents a hazard to those who will live in the city's new 2,350-home Dos Vientos Ranch development.

Borchard Road planning and construction moved froward until this past July, when residents following the lead of a local civil engineer, produced challenging design consultant reports that ultimately forced the City Council to reopen the issue, despite threats of costly legal ramifications.

How could developers, residents asked, be permitted to proceed with a design plan that ultimately will result in a steeper slope than the 7 percent Conejo Grade - in a residential neighborhood no less?

Nonetheless, Judge Long's decision was logical. Why should the judge be expected not to rule in support of the developers who just two years ago received assurances from the City Council that the city had no problem with a 12 percent grade? Since then, the developers have moved forward with the development of Dos Vientos Ranch. Why should they be asked now to stop what they have already started, just because of today's second-guessing by the City Council?

Even with Judge Long's decision, this issue is far from over.

Residents are likely to further test the judge's ruling. So, too, will City Council members, who by now realize they should have asked more questions in the beginning.