COMMUNITY GROUP VICTORIOUS IN BID TO HALT ROADWORK.

Byline: Michael Coit Daily News Staff Writer

Armed with a rival study and a strong voice, a Newbury Park homeowners group has convinced the City Council to halt grading for one of the main roads into the massive Dos Vientos housing development until a safer design is found.

The move could bring a lawsuit from the developer, Operating Engineers Funds Inc., which received city approval for the Borchard Road extension two years ago. But Thousand Oaks council members acknowledged the approved design is too steep and could carry much more traffic than originally projected.

``The point is safety has to come first,'' said Councilwoman Linda Parks, who wasn't on the council when the earlier design was approved. ``Our first job is health and safety. Even if we have a legal challenge, we're doing the right thing.''

Councilman Andy Fox was a member of the council majority that approved the design two years ago. He said the road never would have been approved had the council required the type of study that led the council on Tuesday to halt the project.

``We needed to stop the work immediately and go back to the drawing board,'' he said.

The council on Tuesday approved a stop-work order for grading the road, which is about half done. The council also asked its public works staff and consultants to return with a new design, giving them six months for the task.

The action came after more than 70 residents living in neighborhoods bordering the proposed Borchard Road extension turned out in protest. They were backed by a road study paid for by the Casas de la Senda Homeowners Association that criticized a recent city report for underestimating traffic levels and the dangers of the steep design.

``Two years ago, when they approved the 12 percent (grade), we were not aware of it. We trusted the city to represent us,'' said Elroi Reimnitz, a resident in the area for the past 12 years. ``It only came to a head when we got all the facts.''

Richard Hostin, the developer's project manager, did not speak at Tuesday's council meeting and did not return phone calls on Wednesday. Earlier this week, Hostin said the council has no reason to reconsider the road it approved, as any concerns were asked and answered then.

The City Attorney's Office has noted that the city could be held liable for any amendments to the grading permit because the council already gave its approval.

Two years ago, the council approved this road extension with a 12 percent grade. At the time, a majority of council members agreed with the developer that anything less than a 12 percent grade would require them to remove so much dirt from the mountain that the new road would leave a scar visible from the Ventura Freeway.

But then this past April, the city called for an outside consultant to study the road design after homeowners expressed their concern that the road's steepness would encourage speeding motorists through their neighborhood where kids often cross the street to get to school.

According to the report released last week, which was paid for by Operating Engineers, the road is anticipated to have a higher accident rate than the citywide average ``due to its maximum grade of 12 percent.''

The report recommended a series of amendments to the grading permit that are expected to improve the road's safety even at a 12 percent grade. They included constructing a two-lane instead of a four-lane road, adding a raised median and a concrete barrier on the median at curved sections, making the curves less sharp, increasing the sight distance at the intersection with Los Vientos Road and prohibiting trucks that weigh more than 10,000 pounds.

But residents countered that both the city report and their own stated the grade must be lowered to further improve safety.

The residents want the council to limit the road's grade to the city limit of 5 percent.

``I am confident, that the way the council responded, there's going to be a change. We're hoping 5 percent, but they can't guarantee anything,'' Reimnitz said. ``There's going to be more pressure on the city if we don't get what we want. We live here and we're the ones impacted.''

Parks welcomed the residents' tough stand. ``I think the grass-roots efforts and perseverance helped. They were definitely right.''

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MAP: Thousand Oaks: Dos Vientos Development