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Builder to Restore Concrete-Lined Creek to Natural State : Agoura Hills: City officials are expected to approve the settlement of a homeowner group’s longstanding suit over the Medea waterway.

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TIMES STAFF WRITER

A developer who lined an Agoura Hills creek with concrete will restore the channel to its natural state under a court-supervised settlement of a longstanding lawsuit filed by a homeowner group, city officials said Thursday.

Members of the Morrison Ranch Homeowners Assn., who filed the suit, would not comment on the agreement but have said such a settlement would restore the once-scenic beauty of Medea Creek and make the developer of Morrison Ranch responsible for the expensive restoration project.

Michael Greynald, a spokesman for developer Morrison Entity, also wouldn’t comment, saying the case isn’t over yet because not all government agencies involved had completed their review of the settlement.

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“Not everyone has signed off on this,” Greynald said. “We are certainly trying to work toward a resolution of this matter with all parties involved.”

But Agoura Hills city officials said the restoration of the natural creek will be settled once it is approved by the City Council at Wednesday’s meeting, and that they were happy and relieved at the outcome.

“It’s a resolution of a longstanding problem,” said City Manager David Carmany, “so it’s great news for the city.”

Carmany said the developer will remove all the concrete, regrade the channel with 20,000 cubic yards of earth and make other improvements to make it look like a natural creek.

The concrete channel has been a source of controversy since Los Angeles County supervisors approved the 1,200-home development in 1980.

One condition of approval was that the natural creek remain intact, in part because state Department of Fish and Game officials considered it a “riparian habitat” for animals, Carmany said.

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But Morrison Entity lined the creek with a V-shaped concrete irrigation ditch to allow water to flow more easily through the waterway and enable the company to landscape the creek. Homeowners said the concrete was poured without the appropriate governmental approvals.

The homeowner association sued the developer several years ago, saying it feared that it would be held financially responsible for restoring the creek because the concrete violated conditions of approval set by the county and state.

The association also feared that it would be stuck with the maintenance costs for the concrete channel and that it could be held liable in event of a flood, city officials said.

Agoura Hills Public Works Director Vince Mastrosimone said California Department of Fish and Game officials already have given the settlement their blessing, and that the city must give its approval because the creek is part of a city park.

City staffers have recommended approval, and the council is expected to agree, he said.

The city has had jurisdiction over the creek since it incorporated in 1982, Mastrosimone said.

Mastrosimone said no cost estimate on the improvements has been issued. However, he said the developer has spent at least $250,000 to come up with plans to restore the creek to its natural state.

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The creek winds its way through the upscale housing complex, and in most places, the entire creek bed is covered with concrete.

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