WRITTEN
PUBLIC
COMMENT
CITY COUNCIL
MEETING
MAY 16, 2023
1 From: Kelly Baucom <[email protected]>
Sent: Tuesday, May 16, 2023 11:44 AM
To: City Clerk Mail
Cc: Jon McMillen
Subject: WRITTEN COMMENTS - 5/16/23 - Study Session 2, Special Events Permits Attachments: City of La Quinta Letter to the Mayor - Regarding Dupont Estate Resort.docx; City of La Quinta Notification Documents - Daniels.pdf
** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** Good morning, Monika,
Please forward the attached letter and supporting document to the Mayor and City Council members for today's City Council meeting.
Thanks you,
Kelly Baucom
CITY COUNCIL MEETING MAY 16, 2023 - WRITTEN COMMENTS BY KELLY BAUCOM
MATTERS NOT ON THE AGENDA - DUPONT ESTATE & SPECIAL EVENTS PERMITS May 16, 2023
To Mayor Evans and members of the La Quinta City Council:
In June, 2021, my husband and I purchased our home at 46500 Cameo Palms Drive in La Quinta. Shortly after, we became the targets of constant harassment by Lynne Daniels, the owner of the Dupont Estate Resort, located directly across the street from our primary residence. She did not like that we sometimes parked on the public street in front of her event center. Mrs. Daniels reported our vehicles as abandoned at least 10 times to the City of La Quinta and the Riverside Sheriff. She also confronted me and my husband on multiple occasions, including showing up at our front door at night to yell at us about a truck from Oklahoma (not ours).
On May 4, 2022, after months of receiving warnings from the City of La Quinta Code Enforcement and speaking to them multiple times, we received another parking warning. I called Code Enforcement Officer, Anthony Moreno. I asked him why he continued to respond to Mrs.
Daniels complaints when he clearly knew that our vehicles were not abandoned. He told me that the problem is that we have two neighbors who can’t get a long and that if I would “just do the right thing”, there wouldn’t be a problem. I then emailed the City Manager, Jon McMillan, who told Code Enforcement to stop responding to these complaints.
To be clear, my husband and I wholeheartedly support STVRs. In 2017, we purchased an STVR business consisting of 8 properties (3 in Legacy Villas in La Quinta, and 5 in Indian Wells). However, after living across the street from an Event Center (The Dupont Estate Resort) and a cannabis tour business (Cannabus Express Tours – owned by the Daniels), for the last two years, we are adamantly against big event centers and businesses located in residential areas. It is negatively affecting our health and quality of life, and I know that it is negatively affecting the mental and physical health of several of our neighbors. After several threatening encounters with the Daniels, a few of us actually purchased and wear body cams when walking in our Highland Palms neighborhood.
I have experienced Mrs. Daniels’ bullying firsthand, and I have also witnessed her bully multiple neighbors by taunting, insulting and threatening them. Our neighborhood feels like a war zone.
Two neighbors have moved specifically because of this hostile environment, and two others see selling as their only option to protect their family’s health. It’s a difficult decision for them however, as they would have to disclose to potential buyers that their property is located less than 500 feet from an event center, the market is slowing, and it’s unlikely that they will recoup the considerable amount of money that they recently put into their properties.
After discovering that our family was defamed by Mrs. Daniels at a City Council meeting on April 19, 2022, I watched every city council meeting going back to 2016. I was shocked and saddened by how many of my neighbors had voiced their concerns over the last seven years, regarding the negative impact of the Daniels’ Dupont Estate Resort. I am astonished to see that the city has done nothing to protect the quality of life for these Highland Palms residents. In contrast, I have witnessed the city protect the Daniels by selectively enforcing the city ordinances against their neighbors but not against them.
Mrs. Daniels claimed, during the April 18, 2023 city council meeting, that she mailed notifications of a wedding event held at the Dupont Estate Resort in November to ALL of the neighbors within 500 feet of her Event Center. This is not true. My home, located directly across the street, is clearly within 500 feet of her property. I did not receive notification of this wedding CITY COUNCIL MEETING MAY 16, 2023 - WRITTEN COMMENTS BY KELLY BAUCOM
MATTERS NOT ON THE AGENDA - DUPONT ESTATE & SPECIAL EVENTS PERMITS event. I know of at least five other households, within 500 feet, that did not receive notification for this wedding event. She claims that she mailed notifications late. This is not true either. She did not mail notifications to ALL of the required neighbors. I did not receive one, late or not.
I am completely perplexed by the City's response, when asked for proof that she notified the neighbors. The city's "proof" (see attached) is an undated, partial text communication between (what appears to be) Mrs. Daniels and Alan (her friend/neighbor), and a letter (which I never received) drafted to: Fellow Neighbor? How does this text message or the letter prove that she mailed notifications to all neighbors within 500 feet? Why is certified mail not a requirement? Over the last year, Mrs. Daniels has stated, multiple times during her public comments at City Council meetings that she is a resident of La Quinta. However, in Riverside County Court on January 19, 2023, her attorney stated, under oath, that Mrs. Daniels is a resident of Malibu.
Why does the city protect and enable one business owner, who isn’t even a resident of La Quinta, at the detriment of an entire neighborhood of La Quinta residents? As elected city officials, your residents’ quality of life should matter to you. We deserve the right to quiet enjoyment of our property.
I implore you, as so many of my neighbors have over the past seven years, to take action to return our neighborhood to the residents who call it home. We don’t want to be bullied by a business owner who continually flouts the rules. We don’t want to have our privacy invaded by the Daniels’ many cameras aimed directly at and into some of our homes. We don’t want our neighborhood to be intruded upon by (up to 400) strangers attending events less than 500 feet from our homes. We don’t know the background of the people who are attending these events.
Is this a safe setting for families to raise children?
If the Daniels continues to violate the city’s special permit rules, the city should revoke their special events permit. Or, at the very least, create an exempt area for the homes within 500 feet of the Dupont Estate Resort, allowing them to obtain STVR permits, if they choose, so that home values will be restored for those wishing to sell and move. We just want to live in peace.
Kelly Baucom
46500 Cameo Palms Drive
La Quinta Resident
CITY COUNCIL MEETING MAY 16, 2023 - WRITTEN COMMENTS BY KELLY BAUCOM
MATTERS NOT ON THE AGENDA - DUPONT ESTATE & SPECIAL EVENTS PERMITS 1 From: Lynne Daniels <[email protected]>
Sent: Monday, November 7, 2022 10:58 AM
To: Carlos Flores
Subject: From neighbor Alan Pollack
** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** CITY COUNCIL MEETING MAY 16, 2023 - WRITTEN COMMENTS BY KELLY BAUCOM
MATTERS NOT ON THE AGENDA - DUPONT ESTATE & SPECIAL EVENTS PERMITS Fellow Neighbor,
There will be a wedding taking place this
upcoming weekend Saturday, November
5th at 46485 Cameo Palms Drive.
We are thrilled that the bride and groom will
enjoy this milestone in their lives on our
property where we were married in 2005.
Please know the neighborhood will be
respected and we will be nearby. All
permits are in place.
We appreciate your support and
understanding. Please enjoy the music
which will be over at 10pm.
Our Best,
Lynne & Rob Daniels
310.720.8222
CITY COUNCIL MEETING MAY 16, 2023 - WRITTEN COMMENTS BY KELLY BAUCOM
MATTERS NOT ON THE AGENDA - DUPONT ESTATE & SPECIAL EVENTS PERMITS 1 From: Claudia Snyder <[email protected]>
Sent: Tuesday, May 16, 2023 7:45 AM
To: City Clerk Mail; Monika Radeva; Jon McMillen
Subject: WRITTEN COMMENTS - City Council Mtg - 5/16/23 - re Special Residential Events Permits ** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** As it pertains to its Special Residential Events Permits program, the City of La Quinta has failed its citizens‐ specifically, the Highland Palms homeowners who reside closest to the DuPot Estate.
In 2016, the Mayor and City Council decided that it was important to recognize property rights and the flexibility of homeowners to use their properties as they see fit. To that effect, the Mayor argued that regulation of commercial events in residential neighborhoods was the answer to balancing homeowner property rights and the right to quiet enjoyment.
Thus, Mayor Evans advocated for "notification and enforcement". Fast forward seven years to 2023, however, and neighbors have learned that the code‐mandated notification has NEVER been provided to neighbors by the owners of the Dupot Estate‐ who are 1 of 2 Special Residential Events Permits applicants in the City and the only home in our small neighborhood to hold commercial events. Moreover, neighbors have learned that the City itself, has never followed its own rules as to notification ‐ i.e, per LQMC section 9.60.170, a permit can only be issued upon the City's receipt of a Special Residential Event Permit applicant's EVIDENCE OF NOTIFICATION of a given event to all neighbors within 500 feet. When pressed for said evidence of notification, the City has stated that, although it has, in fact, received evidence of notification of all events for the DuPot Estate dating back to 2016, it does not keep such records with the rest of the application. So much for the Mayor's argument of regulation and enforcement! The effect of the Mayor and City Council's championing of property rights (and TOT taxes!) over the right to peaceful quiet enjoyment of our property has been detrimental to the Highland Palms community. Since October 2022, when we were blind‐sighted by and voiced concerned regarding the Mayoral Fundraiser and a subsequent November 2022 100+ person celebrity wedding, we have been retaliated against by the Mayor and the owners of the Dupot Estate via frivolous accusations of code violations, false accusations of violence and restraining orders, and threats of censoring at City Council meetings (to name but a few examples of the harassment).
The incessant fighting with the Mayor, City Council and owners of the Dupot estate led to a pulmonary embolism in late January 2023. In early May 2023, the despair and hopelessness led to hospitalization for a suicide attempt, as my husband and I realized that the City would never admit to its negligence and that it would continue to support the owners of the Dupot Estate by covering‐up for their incomplete Special Residential Events Permits applications. We have understood for some time now that, under the current administration, the City of La Quinta values potential TOT revenue over the right to quiet enjoyment of its citizens and that we will, therefore, not live peacefully in the home we purchased a bit over a year ago and believed to be our forever home.
We are now forced to list our home for sale again (as we did in January 2023) and risk losing hundreds of thousands of dollars which we invested in renovating the property. That's assuming, of course, that we can sell‐ we were unable to find a buyer the first time we listed, upon disclosure of our litigious neighbors, Robert and Lynne Daniels and their event space across the street (which is sanctioned by the Mayor and will, therefore, continue to be a nuisance).
Indeed, there's surely that one buyer out there who will not be deterred by these disclosures. For the most part, however, we have found that the average buyer‐ a mid‐aged couple such as ourselves, a retired couple, a family CITY COUNCIL MEETING - MAY 16, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER
MATTERS NOT ON THE AGENDA - SPECIAL EVENTS PERMITS
2 with children‐ is unwilling to purchase a home next to an event space and in a residential neighborhood on the fringes of Commercial Zoning (despite the moratorium on STVRs, the City has approved at least one Bed & Breakfast in our community which, also, openly flouts city code).
Mayor Evans, City Council ‐ two points to consider, please:
(1) It's time to for a discussion re the right to quiet enjoyment, as this was NEVER discussed in ANY of the city council meetings dating back to 2016;
(2) A vision of La Quinta as a "resort destination"/ "pre‐eminent destination"/ "destination city" does not necessarily involve the commercialization of small residential neighborhoods. You are being incredibly short‐sighted! CITY COUNCIL MEETING - MAY 16, 2023 - WRITTEN COMMENTS BY CLAUDIA SNYDER
MATTERS NOT ON THE AGENDA - SPECIAL EVENTS PERMITS
CITY COUNCIL MEETING MAY 16, 2023 - WRITTEN COMMENTS BY ANONYMOUS RESIDENT OF HIGHLAND PALMS STUDY SESSION ITEM NO. 2 - IN OPPOSITION OF STVRS
CITY COUNCIL MEETING MAY 16, 2023 - WRITTEN COMMENTS BY ANONYMOUS RESIDENT OF HIGHLAND PALMS STUDY SESSION ITEM NO. 2 - IN OPPOSITION OF STVRS
1 From: John Hastie <[email protected]>
Sent: Tuesday, May 16, 2023 11:35 AM
To: City Clerk Mail
Subject: Public Comments on Study Session - POTENTIAL AMENDMENTS TO CHAPTER 3.25 OF THE LA
QUINTA MUNICIPAL CODE
** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** Dear Mayor and Council
I urge you to carefully consider the ramifications of this change before implementing it.
I say this because not all HOA's require 50% of the homeowners to vote to change the CC&Rs, some require a higher threshold.
1. Res 1 in PGA West requires a supermajority vote of 75% to change the CC&Rs while Res 2 and Fairways require a 50% vote to change the CC&Rs.
2. Both Res 1 and Res 2 CC&Rs allow STVRs. The Fairways CC&Rs currently do not allow STVRs unless they are grandfathered in.
3. If the Proposed section is approved, it virtually eliminates a path back for Res 1 homeowners despite this HOA being an almost "Exempt Area" due to the nature of the CC&Rs and requirement of a SuperMajority to change them.
CITY COUNCIL MEETING MAY 16, 2023 - WRITTEN COMMENTS BY JOHN HASTIE STUDY SESSION ITEM NO. 2 - OPPOSES PROPOSED HOW EXEMPTION - LQMC SECTION 3.25.056 2 The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location.
I urge the City not to be involved in HOA politics and believe the HOAs should be allowed to follow their respective CC&Rs.
Homeowners made their choice when they purchased in the HOA and they shouldn't have to conduct a vote to allow the CC&Rs.
The permit ban and this proposed change stomp all over homeownership rights.
Thank you for your consideration and review.
Regards
John Hastie
54282 Shoal Creek
La Quinta, CA 92253
CITY COUNCIL MEETING MAY 16, 2023 - WRITTEN COMMENTS BY JOHN HASTIE STUDY SESSION ITEM NO. 2 - OPPOSES PROPOSED HOW EXEMPTION - LQMC SECTION 3.25.056 1 From: Stephanie Nevels Yanchar <[email protected]>
Sent: Tuesday, May 16, 2023 11:58 AM
To: City Clerk Mail
Subject: Public Comment Session on amendment to chapter 3.25 of Municipal Code ** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. **
Dear Mayor and Council Members,
As a resident and short term vacation rental owner, I am very concerned about the possible change to include HOA’s in this matter. Our Res ll CC&R’s already cover the owners rights to rent and in Pga West there are two other Hoa’s that are doing the same. I respect the city for looking at all possibilities, but I feel that this should remain in the Hoa’s alone. As homeowners we are aware of the ability to rent our homes out when we bought. Pga specifically was built for resort living and around short term renting. Most of us rented before buying our homes and it isn’t right for people to buy in knowing this and try to change the rules by closing the door behind them. As you know, the changes that the council has made as well as the hard work and effort that we as host have made to eliminate bad renters and behavior has been extremely successful. I urge you to continue to work on cracking down on illegal operators and preserve the rights of those willing to follows the rules.
Respectfully,
Stephanie Nevels-Yanchar
CITY COUNCIL MEETING MAY 16, 2023 - WRITTEN COMMENTS BY STEPHANIE NEVELS YANCHER STUDY SESSION ITEM NO. 2 - OPPOSES PROPOSED HOA EXEMPTION - LQMC SECTION 3.25.056