By Vonda Pate-Davis 

DESERT HOT SPRINGS,CA- On Tuesday night, the City Council of Desert Hot Springs finalized the Art in Public Places code.  The Art In Public Places program has been through city’s process for the past three years.  It started in the Community and Cultural Affairs Commission, then was determined that it needed to be presented before Planning Commission for recommendation to Council before returning for implementation.  It took several studies by the Planning Commission before final recommendation to Council in 2009. 

There were a few objections against the ordinance as written; then a possible litigation came to light.  The Council decided to do more study before proceeding, to stay off any possible expensive lawsuit.  The BIA (Building Industry Association) objected to the program being implemented at a time of recession with builders having to make severe cuts to stay active.  The BIA also objected to the fees as set.  They wanted the city to consider a stepped-in fee when building would commence again and the ordinance set as a development impact fee (DIF). Then, a meeting was held with a Council member and legal staff in an effort to resolve the issues.  The resolution came after several staff and BIA meetings took place. 

The ordinance did not change in any manner, with the exception of moving it out of zoning and into the Municipal Code as Chapter 164. Councilman Karl Baker stated he had done some research on the Art In Public Places program with cities in the 20-26,000 population size, and particularly in the Coachella Valley. Only approx half of the cities had a program, however not one city carried the fee as a DIF.  Councilman Scott Matas stated this Council was committed to seeing the program a part of our city and had worked hard for a long time to see that happen.

The Ordinance was approved to be added to the Municipal Code Chapter 164, with the addition of review by the Community and Cultural Affairs Commission before going to the City Council, should there be any changes proposed to the ordinance.