29 (4)
Public Comment
From:Meridith Gill <meridith@diversifiedhoa.com>
Sent:Tuesday, August 9, 2022 10:29 AM
To:Public Comment
Subject:\[EXTERNAL\] City Meeting August 9, 2022 Agenda Item
Attachments:Parkdale THOA Letter to the City of Anaheim 8-8-22.docx; City of Buena Park Sewer
Plans.pdf; Parkdale THOA Attorney Letter 8-8-22.pdf
Warning: This email originated from outside the City of Anaheim. Do not click links or open
attachments unless you recognize the sender and are expecting the message.
Good afternoon.
Please see attached items I would like to submit to the City Council on behalf of myself and Parkdale THOA in regard to
agenda item – 1442 N. Dale Ave.
Thank you,
Meridith Gill | Senior HOA Manager, Diversified Association Management
cell: | main: 714.544.7755 ext. 114
180 E. Main St. Ste. 101 | Tustin, CA 92708
Office hours: Mon-Fri 8:30 am-4:30 pm.
Disclaimer
The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and
others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or
taking action in relation of the contents of this information is strictly prohibited and may be unlawful.
1
Parkdale THOA has not approved nor agreed to proposed plans.
• Adequate notice has not been given to Parkdale THOA homeowners by
the City of Anaheim notifying them of the meeting date for appeal.
• Public records requested for sewer and water lines not provided in an
adequate time by the City of Anaheim.
• Outreach the developer has made to Parkdale THOA has been solely for
the benefit of the developer only and appears to be an obligation to
meet requirements for development.
• Board members and homeowners need to protect their biggest
investment and the integrity of their community.
• The sole responsibility to draft a maintenance agreement is the burden of
the developer, not the HOA.
• Developer has not submitted any agreements in writing for maintenance
prior to approval as requested by homeowners and in an open forum at
the July 6, 2022 City Planning Meeting. This includes but is not limited to
street, sewer, public utilities.
• A demand has been made by Parkdale's attorney to the developer
requesting a maintenance plan in writing.
• Communications via email and in writing will be provided upon request.
COMMUNICATION OUTREACH
September 7, 2021:
Developer met with Board, Homeowners, and Management on-site to inform
them of proposed plans and purchase. This was not at a scheduled Board
meeting.
October 6, 2021:
Parkdale’s THOA’s attorney contacted developer. Maintenance and utility
plans were not submitted by the developer for review.
November 3, 2021:
Developer attended monthly Parkdale THOA meeting and discussed concerns
and proposed plans with homeowners. Items of concerns and plans discussed
with the homeowners and developer were not submitted in writing by the
developer.
December January 19, 2022:
Meridith Gill emailed developer and City of Anaheim Planning Department list
of concerns homeowners have regarding proposed project (access to the
community, drainage, parking, perimeter wall height, construction, requesting a
copy of the environmental impact report, safety concerns, and utility
connections).
January 20, 2022:
ZOOM meeting with City of Anaheim, Developer and Parkdale THOA Board
Member and Management. Direct concerns regarding The City of Buena Park
access to lines within the community were discussed by Meridith Gill. Developer
stated Ken Kim at the City of Buena Park was contacted and will work with the
City. Agreement was not met by Parkdale THOA to access lines.
January 21, 2022:
Walden & Associates emailed Meridith Gill (Parkdale’s manager) a proposed
utility plan that was presented at the meeting. Environmental impact report and
a written maintenance plan were not submitted.
June 29, 2022:
ZOOM Meeting with Parkdale THOA homeowners, Tary Loomis-Therrian (HOA’s
attorney), Meridith Gill (manager) and Developer.
Homeowners directly discussed the affect accessing water and sewer lines will
have on Parkdale THOA as they have been exclusively used by Parkdale THOA
homeowners for over 40 years.
Developer discussed City of Anaheim approval to access lines on shared
easement and stated their plans for sewer and water access on shared
easement were public record and could be accessed at the City.
A written maintenance plan was not submitted by the developer and
requested.
CITY OF ANAHEIM COMMUNICATION – APPEAL
July 6, 2022: City Planning Meeting held.
July 13, 2022: Appeal filed by Parkdale THOA. Meridith Gill filed on behalf of
Parkdale THOA in person and was told by the City Clerk a public meeting would
be held within 60 days of filing. A calendar of the City Meeting schedule was
given to Meridith Gill by the City Clerk, and she was told the City would contact
her to confirm appeal and date.
July 14, 2022: Judy Boiseranc text a homeowner in Parkdale she had received
notice of appeal and was told by the City the meeting was to be held on 8-9-22.
July 26, 2022:
Management emailed City Clerk stating an appeal of the Planning
Commission’s decision was filed on July 13, 2022 requesting additional
information on the appeal and for the meeting date it will discussed.
July 28, 2022:
At 6:08 P.M. City Clerk emailed Meridith Gill a copy of the letter in regard to the
appeal with the meeting date (August 9, 2022).
August 1, 2022:
Notice posted on a street light pole on Dale St. for Public Hearing. Pole on the
exterior of the community.
NOTICE POSTED LESS THAN 10 DAYS BEFORE MEETING (8 days prior).
August 3, 2022:
Parkdale THOA homeowner received meeting notice from the City of Anaheim
in the mail.
LESS THAN 10 DAYS BEFORE MEETING (5 days prior).
August 4, 2022:
Meridith Gill received meeting notice from the City of Anaheim in the mail.
LESS THAN 10 DAYS BEFORE MEETING (4 days prior).
UTILITIES COMMUNICATION
January 21, 2022-May 11, 2022:
Walden & Associates and Developer started an email chain with The City of
Buena Park and Management.
Walden & Associates stated an agreement with The City of Anaheim and
Diversified/Parkdale HOA was made regarding the development of the Project
on Dale and all parties agreed on the proposed connections for the Sewer and
Water lines within the existing HOA.
This was not approved by Parkdale THOA and the details and shared costs were
not resolved.
May 2, 2022:
City of Buena Park sent response letter to Developer, subject: WATER AND SEWER
WILL-SERVE LETTER AT 1442 N. DALE AVE.
Letter in response to request for a will-serve letter. In addition, the sewer and
water plans will need to be approved by Buena Park as well as Anaheim. If
there are any pressure or capacity deficiencies to the water and sewer mains,
the developer shall mitigate the deficiencies.
July 13, 2022:
Meridith Gill attempted to access plans submitted to the City by the Developer
to access the sewer and water lines as well as a flow meter test.
July 26, 2022:
Meridith Gill was told by Public Works they may not be public record, and they
would verify.
July 26, 2022:
Public Works emailed Meridith Gill sewer sizing for Dale project directly from the
City. Flow test was not preformed, only by analysis. Water line access plans were
not provided
8/8/22, 11:59 AM Sewer Plans
https://www.buenapark.com/city_departments/public_works/engineering_services/sewer_plans.php 1/1
Sewer Plans
The City of Buena Park Sewer Services Division is responsible for operating and maintaining more than 200 miles of sanitary
sewer mains each year, as well as well as more than 3,400 manholes. The Division provides routine and emergency main line
cleaning and helps to review sewer lines for maintenance and repairs. This includes the video inspection of approximately
200,000 feet of sewer line each year.
Use the map below to view sewer lines within the city, or open the whole map in it's own tab here. Note that you can click on a
sewer line or point to display information about that item, including a link to download the available plans for that item.
City of Anaheim, City of Fullerton, County of Los Angeles, Bureau of L…
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Find address or place
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Sewer Services Mapping App with Web AppBuilder for ArcGIS
Phone: (949) 459-0906
Fax: (949) 459-0916
LAW OFFICE OF
TARY C. LOOMIS-THERRIEN
23272 Mill Creek Dr., Ste 130
Laguna Hills, California 92653
August 8, 2022
e-mail: tary@tloomislaw.com
Via First Class Mail and Email to:
chris@bonannidevelopment.com
Chris Segesman
Bonanni Development
5500 Bolsa Avenue, Suite 120
Huntington Beach, CA 92649
Re: New Development at 1442 N. Dale, Anaheim, CA
My Client: Parkdale Town Home Owners Association
Dear Mr. Segesman;
Pursuant to our discussion at last month’s special meeting, I am legal counsel for the
Parkdale Town Home Owners Association. My client objects to the utility and access easement you
are claiming and intending to use over and under my client’s property, for the new development at
1442 N. Dale in the City of Anaheim, without adequate assurances, compensation and protection
for, and arising from those uses (including mitigation of the negative impact on my client’s
property).
Although you list your “community outreach” efforts for the City, any claim to have provided
assurances and solutions for my client are misleading: to date this has only been vague talk, with no
documentation or formalization of any agreement or terms. Community outreach, regardless of how
extensive, if it does not resolve my client’s objections and issues, it is inadequate.
To resolve the dispute, my client proposes that Bonanni Development (and its new
development at 1442 N. Dale in Anaheim, the “Development”) and my client enter into a
maintenance agreement, which will control the terms of use and provide for the maintenance of those
proposed shared amenities and the adjacent facilities on my client’s property. The following is an
initial list of terms to be included. This list is not complete, as it is understood that during the
drafting of the maintenance agreement, further concerns will arise and be addressed.
1. The new easement and maintenance agreement will be generally set forth in the
CC&RS of the Development;
2. The Development’s CC&Rs shall provide that owners, residents, tenants and their
family members, guests and invitees, will not use Peppertree Dr. nor the alley other than for ingress
and engress;
3. The Development’s CC&Rs shall disclose that the Development is a separate
residential development from Parkdale Town Home Owners Association, and there are no rights of
use of any of, but not including the Parkdale’s common areas, recreational facilities, and parking;
Chris Segesman
Bonanni Development
August 8, 2022
Page 2 of 2
4.The Block wall will be constructed to a height of 6' or 8'. The Development’s
CC&Rs shall provide that the Development shall maintain, repair and replace the Block wall in first
class condition at all times, as originally built including, but not limited to the same design, location,
length, height and width;
5. Plans and contracts for access, installation, use, maintenance, and repair of utility tie-
ins, shall be mutually agreed upon by both parties before submitting for permits or commencing
work; the exception being in the case of emergencies where damage to persons or property is
occurring or imminent;
6. Original installation of utility tie-ins will not unreasonably block ingress and egress to
Parkdale Town Home Owners Association; sidewalks will be made accessible to pedestrians, and
streets will be made accessible for pedestrians and vehicles during the hours of 5:00 p.m. each
evening to 7:30 a.m. each morning, Monday-Friday; and the whole of Saturday and Sunday, and all
holidays. This will be accomplished by back filling and leveling all completed areas to make them
safe for ingress and egress, and using steel plates over open trenches, making the entire area safe for
ingress and egress. Upon completion of original installation, all impacted areas, including but not
limited to streets, landscaping, sidewalks, and walkways, will be restored to new condition by
Bonanni Devolvement - this requires replacement of the asphalt street the length and width of
Peppertree Dr. up to and including the intersection of Weeping Willow and also the alley (if the
same is impacted by the utility tie-in work) all to new condition, and slurry coat the remaining of
Peppertree Dr, and all intersecting streets;
7. Complete, finished, detailed architectural, engineering, fire protection, electrical,
sewer, and all utilities plans or contract documents, for all improvements, present and future, to the
Easement, including but not limited to all special improvements or additions required for building
purposes, must be submitted to by client; and
8.The Development will pay (after original installation) 10.1% for all future costs of
maintenance, repair and replacement of utility lines and tie-ins in the easement, and for the asphalt
maintenance, repair and periodic replacement of the alley access easement.
Please get back to me the first of next week, with your agreement to beginning working on
and drafting the proposed maintenance agreement. My client requests that this maintenance
agreement be completed and signed by all parties before any work commences for the Development.
Very truly yours,
Tary C. Loomis-Therrien
TCLT:
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