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Please click here to view a
copy of the civil compromise
(pdf - 5mb)
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.
Shea Homes submitted a report dated October 27, 2008 to the
Department of Fish & Game. This report detailed its plans to
clean-up Las Virgenes Creek. Shea Homes has completed the work
contemplated by the report, and, on January 8, 2009, the Department
of Fish & Game certified that the work was performed and
completed.
The parties have entered into a
civil compromise. According to
the Attorney General, Shea Homes has now fulfilled all of the
conditions of that civil compromise, including, the payment of
restitution. The court has approved this
civil compromise and
dismissed the criminal case against Shea Homes.
Calabasas homeowners affected by the flooding from the Shea Homes
site should know that the Attorney General matter 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 assess
their bonds. 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 June 2009. For more information, please contact Public
Works Director/City Engineer Robert Yalda at (818) 224-1600. |
