Firm Accuses City of Road Violations

The battle against extending Borchard Road heated up Monday, with the law firm opposing the project now accusing the city of failing to notify the public of design changes and of violating federal disabilities law.

The firm of Masry & Vititoe in Westlake claims in its latest legal action that the city of Thousand Oaks violated public information laws by authorizing change orders to the Newbury Park thoroughfare without informing the public. The firm demands the city immediately divulge details of its April 13 change order.

Furthermore, the firm’s notice maintains that the planned 12% grade on the road is a violation of the Americans With Disabilities Act of 1990, because disabled people would not be able to safely use the sidewalk planned next to the road.

Monday’s notice is the latest in the ongoing legal battle over the road, one of two leading to the $700-million Dos Vientos housing development.

In January, the city lost a seven-month battle to stop the road’s construction and now faces a $104-million suit by the two developers, Operating Engineers Pension Trust in Pasadena and Miller Bros. Investments in Calabasas.

The second part of the notice claims the city is ignoring the needs of people with disabilities.

“You don’t have to be a rocket scientist to realize that a 12% grade for 900 feet would be totally impossible for someone with a disability to walk on,” said attorney Edward L. Masry.

City Atty. Mark Sellers said the changes approved for Borchard were all done to enhance safety.

“If we are going to get the road as safe as possible, the only option was a change order,” Sellers said.

He added that the city frequently authorizes change orders to previously approved projects without returning to the City Council for discussion. Sellers said the changes include limiting the number of downhill routes to one, requiring a center median and a stoplight at the bottom of the road.

However, Sellers said, the city will supply Masry’s firm with whatever documents that are not confidential or protected by attorney-client privilege.

Quadriplegic Don Krebs said he doesn’t believe the steepness of the road is an issue for people with disabilities, because most would not try to get up or down the hill using a wheelchair or walker.

“I don’t see it as an issue at all for people with disabilities,” said the 21-year Newbury Park resident. “I see it as an issue for children who might get hurt on a steep road.”