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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 May 30, 2008. If
settlement negotiations are not complete by that date, a new hearing
date will be scheduled on the court’s calendar.
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 wayby 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 March 2008. For more information,
please contact Public Works Director/City Engineer Robert Yalda at
(818) 878-4225, ext. 254. |
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