JUDGE FAVORS CITY, DENIES ARBITRATION ON ROAD EXTENSION.

Byline: Cecilia Chan Daily News Staff Writer

A judge Wednesday ordered the city and the developers of the controversial Borchard Road extension to the negotiating table and denied the developer's request for arbitration.

The ruling was a victory for Thousand Oaks officials, who opposed arbitration, saying it is more costly and the decision cannot be appealed.

The city wants the developer of the road, Operating Engineers, to reduce the planned 12 percent grade to a smoother slope.

The Borchard extension is to be one of two main access routes out of Dos Vientos, a 2,350-unit community. The city unsuccessfully tried twice to stop the construction. The developers have sued the city for more than $100 million for damages.

The developer preferred arbitration, a binding system often used in commercial disputes or labor management relations. Arbitrators are bound only by their own discretion, using the authority given to them by the opposing parties.

``We asked that the case be set for arbitration and the court said no,'' said attorney Mark Allen, who represents Operating Engineers. ``Arbitration is cheaper and faster and the city didn't want to do it.''

Developers wanted the court to allow issues of their lawsuit against the city involving an alleged breach of the development agreement to be sent to binding arbitration.

But City Attorney Mark Sellers said arbitration is usually more costly and that the decision cannot be appealed. Now the two sides are preparing to schedule meetings.

``The parties are to meet and confer and talk about a resolution of this case,'' Sellers said. ``On March 29 we will report back to the judge as to whether there is any movement or common ground to resolve the dispute and at that time the judge will decide to let things stand as they are or set a trial date.''

Sellers said both sides are working on a date to meet.

The latest legal development follows Tuesday's unanimous City Council decision to ask the appellate court to review a judge's ruling in January that allowed developers Operating Engineers and Miller Bros. to complete the roadway with a 12 percent grade. Critics charge the road is too steep and dangerous as designed.

The council's vote came as no surprise after Councilman Dan Del Campo abruptly resigned Monday from a city negotiating team working on the lawsuit's settlement. Del Campo stated that no amount of negotiating would result in a safe road.

The decision to seek an appellate court review was contrary to Sellers' advice that such a move ``is generally a discretionary matter for the court and is rarely granted.'' Sellers said he did not know when his office will file the writ.

``I think it's unfortunate, but somewhat predictable given the pressure the City Council is under,'' said attorney Steve Weston for Miller Bros. ``I don't believe the writ would be successful.

``We've had two trial judges rule against the city,'' he said. ``They didn't seek any relief after the first ruling and I don't know why they think somehow they now have the ability to convince the court to stop construction of Borchard Road after two judges have ruled against them.''