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The Attorney General of California is pursuing criminal,
misdemeanor charges against Shea Homes for violating Section
5650(a)(6) of the California Fish and Game Code. The state alleges
that Shea Homes allowed substances deleterious to fish, plants and
birds to pass into the waters of Las Virgenes Creek by failing to
control storm water flows from its construction site on Las Virgenes
Road. The state is seeking civil penalties and other relief to
mitigate harm to Las Virgenes Creek and other environmental
resources alleged to be caused by Shea Homes. Per the Deputy
Attorney General handling the action for the state, the parties are
actively engaged in settlement negotiations that will require Shea
to pay substantial sums to mitigate the environmental harm Shea
allegedly caused. Because the parties appear to be close to
settlement, the trial date for this action was continued
indefinitely. The superior court will next review this action at a
hearing set for January 12, 2009. If settlement negotiations
are not complete by that date, a new hearing date will be scheduled
on the court’s calendar. Recent developments, however, indicate
that a settlement agreement may be in place as soon as November 1,
2008. Of further significance, the clean-up of Las Virgenes Creek
should be completed by the middle of October.
Calabasas homeowners affected by the flooding from the Shea Homes
site should know that the pending action by the Attorney General
does not address damages or losses incurred by individual
residents. Residents seeking to recover losses from the flood
should check with their insurance carriers or consult an attorney.
The City of Calabasas
was vigilant in pursuing rapid clean-up to public streets and rights
of way by Shea Homes. Prior to construction of the development, the
City required Shea Homes to post security bonds and advance deposits
to pay for any costs incurred by the City related to the project.
When the containment broke, Shea Homes was directed to rapidly
clean-up and mitigate any damage caused by the break. Shea cleaned
the streets, performed erosion control, and provided traffic control
in the affected areas. Since Shea Homes paid directly for these
measures, the City did not access their bond or deposits. Therefore
the City is not party to seeking any further damages from Shea
Homes.
The City will update
this information as events unfold. This information is current as
of October 2008. For more information, please contact
Public Works Director/City Engineer Robert Yalda at (818) 224-1600. |
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