HomeMy WebLinkAboutItem 10 - Public Art and Preservation Policy Community Development Agency
www.santa-ana.org/cd
Item # 10
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 5, 2026
TOPIC: Public Art and Preservation Policy
AGENDA TITLE
Public Art and Preservation Policy
RECOMMENDED ACTION
Receive and File the Public Art and Preservation Policy.
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
Public art plays a vital role in shaping the identity, character, and cultural vibrancy of the
City of Santa Ana (City). Murals, sculptures, installations, and other forms of artistic
expression activate public spaces, celebrate the community's cultural heritage, and
enhance the visual environment for residents and visitors.
The City Council previously adopted the Arts & Culture Master Plan, which includes
recommendations to establish a formal public art program and policy (Goal 8.1). As the
City continues to invest in placemaking, economic development, and capital
improvements, a comprehensive framework is needed to guide the planning,
commissioning, installation, and long-term stewardship of public art.
The proposed Public Art and Preservation Policy establishes this framework and
ensures that public art projects are implemented in a consistent, transparent, and
responsible manner.
On March 19, 2026, the Arts & Culture Commission reviewed the proposed policy and
voted unanimously to recommend its approval by the City Council. Staff also solicited
and have incorporated community input through written comments and public
participation at the Commission meeting.
Policy Purpose
The Public Art and Preservation Policy is an internal administrative framework that
provides clear guidance to City staff on the planning, evaluation, installation,
maintenance, and preservation of public art throughout the City.
Public Art and Preservation Policy
May 5, 2026
Page 2
The policy establishes consistent standards to ensure that public art reflects Santa
Ana's cultural identity while meeting requirements for safety, durability, and compatibility
with the surrounding environment. It also outlines procedures for the ongoing care and
conservation of public art, supporting the City's long-term stewardship of its cultural
assets.
Public Art Guidelines
The policy establishes criteria for the design and installation of public art. Eligible
artwork may include murals, sculptures, mosaics, and other approved media installed in
appropriate public locations.
All installations must utilize durable materials appropriate to the site; maintain safe
pedestrian and vehicular access; and comply with applicable building, planning, and
safety regulations. Projects involving structural modifications or use of the public right-
of-way require appropriate permits and approvals prior to installation.
The policy also includes an evaluation framework that prioritizes artistic quality, cultural
relevance, feasibility, durability, and alignment with City goals. Preference is given to
artists who live, work, or demonstrate meaningful engagement within Santa Ana.
Historic Preservation Considerations
Public art proposed on properties listed on or eligible for the Santa Ana Register of
Historical Properties may require review by the Historic Resources Commission. This
review ensures that installations do not damage historic features or compromise the
integrity of designated resources. This process supports compatibility between new
public art and the City's historic character.
Public Engagement
Community engagement is a key component of the public art process. The policy
encourages outreach efforts such as community meetings, workshops, surveys, and
partnerships, as appropriate for each project. Artists may be required to incorporate
community input to ensure that artworks reflect local history, culture, and identity.
Maintenance and Preservation
The policy establishes procedures for the long-term stewardship of public art on City-
owned property. The City will maintain an inventory of public art assets and conduct
periodic inspections to ensure artworks remain safe, structurally sound, and visually
preserved.
Maintenance activities include monitoring structural integrity, surface conditions,
protective coatings, and potential vandalism or environmental damage. When feasible,
Public Art and Preservation Policy
May 5, 2026
Page 3
the City will consult with the original artist prior to major conservation or restoration
efforts to preserve artistic intent.
De-accession and Relocation
The policy establishes criteria and procedures for the relocation or removal of public art
when necessary. Circumstances may include safety concerns, irreparable deterioration,
excessive maintenance costs, site redevelopment, or the end of an artwork's intended
lifespan. All deaccession or relocation decisions will follow a formal review process and
be documented in the City's Public Art Inventory.
Legal Protections
The policy acknowledges artist rights under applicable federal and state laws, including
the Visual Artists Rights Act (VARA) and the California Art Preservation Act (CAPA).
The City will comply with all notification and legal requirements prior to the alteration,
relocation, or removal of protected artwork.
Roles and Responsibilities
The policy establishes coordination among City departments to support successful
implementation:
• Community Development Agency:
Serves as the lead entity for public art projects along with the initiating City
department and supports the Arts and Culture Commission.
• Public Works Agency:
Provides technical guidance on installation feasibility and assists with
maintenance of art within City facilities.
• Parks, Recreation, and Community Services Agency:
Oversees public art projects within City parks.
• Planning and Building Agency:
Provides support for historic preservation review and ensures compliance with
planning and building regulations.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Public Art and Preservation Policy
2. Public Comments Received
Submitted By: Michael L. Garcia, Executive Director, Community Development Agency
Approved By: Alvaro Nunez, City Manager
EXHIBIT 1
City Manager's Authorization
w City of Santa Ana
City Council Policy
City of Santa Ana Public Art Policy Date
May XX, 2026
Purpose
The purpose of this Public Art Policy (Policy) is to establish a framework for the administration
of public art within the City of Santa Ana (City or Santa Ana). It provides internal guidance for
city staff, within available resources, for the acquisition, placement, design, and long-term
preservation of public art, ensuring that artworks are thoughtfully integrated into the built
environment, responsibly maintained, and aligned with the City's cultural, aesthetic, and
community-centered goals.
For purposes of this Policy,public art is defined as City-owned art in public spaces on City-owned
property, such as City parks and other City facilities and the public right-of-way. Public art
includes murals, sculptures, installations, and other creative expressions. Public art reflects Santa
Ana's unique cultural identity, fosters community pride, and contributes to neighborhood vitality,
tourism, and economic activity. This Policy sets forth the processes and standards that ensure
public art is thematically appropriate, contextually suited to its location, and meaningfully
incorporated into public spaces, while preserving artistic integrity and minimizing unnecessary
restrictions. This Policy does not apply to art on private properties, even if installed as the result
of regulatory requirements such as conditions of approval, site plan approvals, development
agreements, or similarly-natured documents, as well as city-issued grants.
Definition
The City Manager's Office (CMO), or designee, is responsible for administering public art. The
Policy is established to ensure that public art initiatives: 1) promote the creation, visibility, and
accessibility of diverse artworks; 2)preserve the longevity and integrity of public art; 3) enhance
community engagement; 4)maintain artistic integrity; 5) encourage innovation; and 6) ensure the
equitable distribution of public art opportunities and resources to diverse artists.
Public Art: "Public art" means original works of art in any medium that are commissioned,
acquired, or approved by the City with the intent of being permanently or temporarily installed,
presented, or staged in spaces within the public realm that are publicly owned.. Public art includes
artwork located in outdoor public spaces as well as in publicly accessible city buildings, such as
community centers, recreation facilities, civic buildings, and similar sites.
Mural: "Mural" means a form of public art consisting of artwork that is painted, affixed, or
otherwise applied directly to an interior or exterior wall, ceiling, or other large permanent surface.
Sculpture: "Sculpture"means a three-dimensional work of art created through carving, modeling,
casting, assembling, or other sculptural processes, typically designed to be viewed from multiple
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angles. Sculptures may be freestanding, mounted, or integrated into the built or natural
environment and may be made from materials such as stone, metal, wood, glass, or mixed media.
Art Installation: "Art installation"means a form of public art that is site-specific or experiential in
nature, often incorporating multiple components, materials, or media to transform the perception
of a space. Installations may be temporary or permanent and can include interactive, immersive,
or conceptual elements intended to engage viewers physically, visually, or emotionally.
Monument: "Monument" means a type of public art consisting of a structure, statue, sculpture,
inscribed stone, or other permanent installation erected to commemorate or memorialize a person,
group,place, or historical event.
1.0 Funding and Budgeting
A sustainable and diversified funding strategy is essential to support the creation, installation,
maintenance, preservation, and community engagement efforts associated with public art. The
City is committed to exploring and developing funding mechanisms that reflect best practices and
uphold public art as a long-term investment in cultural infrastructure and community identity.
Public art projects installed on privately owned property shall be the sole financial responsibility
of the property owner,including all costs related to installation,maintenance,conservation,repair,
insurance, and removal, unless otherwise specified in a formally approved art easement or other
written agreement with the City.
In instances where a public art installation is located on property with shared public and private
interests, such as retaining walls or similar structures that serve as a boundary between private
property and the public right-of-way, financial and maintenance responsibilities shall be allocated
between the property owner and the City as defined in a formally executed written agreement. In
the absence of such an agreement, the City is not financially responsible for the maintenance of
art on a private property wall facing the public right-of-way.
1.1 Supportive Funding Sources
To ensure support for public art, the City may explore the establishment of a Public Art
Trust Fund specifically for the ongoing creation, maintenance, conservation, and
emergency restoration of public art. This fund, if established, will serve as the central
financial resource for sustaining Santa Ana's Public Art collection and may be supported
by 1) developer contributions; 2)public and private grants; 3) donations from foundations,
individuals, or community groups; and 4) endowments and legacy gifts for cultural
preservation.
These dedicated sources ensure public art remains an integral and sustainable part of Santa
Ana's growth and public life.
2.0 Policy Guidelines
2.1 Legal Compliance
All public art must comply with applicable laws and principles, including but not limited
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to the First Amendment right to free speech; California obscenity laws; trademark and
copyright laws; and anti-discrimination protections. In particular,murals and other visual
artworks must not depict obscene matters as defined under California Penal Code § 311,
et seq, including sexual conduct, sexually explicit nudity, and images, text, and symbols
inciting violence.
2.2 Public Art Acquisition and Installation
2.2.1 Overall Selection Process
Public art installations budgeted at$50,000 or more will be selected through a Request
for Qualifications (RFQ)followed by a Request for Proposals (RFP)process to ensure
the City commissions high quality, culturally relevant artwork that reflects Santa
Ana's diverse identity and history. For public art commissions with a budget below
$50,000, an RFQ is optional.
The Arts &Culture office and the agency or department managing the installation site
shall share responsibility for developing and issuing the applicable RFQ and/or RFP.
Sample RFQs, RFPs, and agreements can be found on the Arts & Culture office
website: https://www.santa-ana.or z/departments/arts-and-culture-office/
2.2.2 RFQ Process: Request for Qualifications
The City will issue a Request for Qualifications(RFQ)to create a list of pre-qualified
artists eligible for the commission of public art for a specific project. This process
promotes equitable access to opportunities and supports the selection of artists who
demonstrate creativity, professionalism, and cultural awareness. The RFQ seeks
artists with experience in public art, prioritizing culturally responsive and inclusive
practices while encouraging participation from Santa Ana—based artists. Applicants
must be 18 or older, with preference given to artists who live or work in Santa Ana.
Artists from outside the city may also apply but must show a clear commitment to
community engagement, an understanding of Santa Ana's cultural context, and the
ability to collaborate in site-specific, inclusive processes.
Artists will be notified of opportunities to participate in the RFQ process through
public announcements, direct outreach, and citywide arts networks to ensure broad
access and transparency while elevating culturally informed perspectives in the
review process.
2.2.3 RFQ Submission Requirements
Submission requirements include an artist statement of no more than 500 words, a
resume or curriculum vitae limited to three pages, and 10 to 20 images of past work
accompanied by brief descriptions. Applicants must also provide at least two
professional references.
2.2.4 Artist Qualification Evaluation
After initial vetting by staff to ensure minimum qualifications are met, a review panel
will evaluate submissions based on the artistic merit and originality of the applicant's
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work, prior experience with public art or site-specific projects, and the cultural
relevance and potential social impact of their artistic practice. Evaluation will also
consider the applicant's professional capacity and ability to meet project timelines.
Applicants will be reviewed and scored by a review panel made up of an Arts and
Culture Commissioner, artists, arts and nonprofit professionals, community members
connected to the project site or neighborhood, and others with knowledge and
professional qualifications in the arts and with familiarity of Orange County's arts
sector. Review panels will reflect the diversity of the region and the various
professional groups encompassed by the arts sectors such as practitioners,
administrators, board members, and educators.
Proposals will be evaluated on the following criteria:
• Project/Artistic Merit& Theme Relevance—45%
• Artist Portfolio— 30%
• Potential Community Impact—25%
• BONUS: Live or work in Santa Ana - 10 points
2.2.5 Creation of Qualified Artist List
Following the RFQ evaluation, the City will create the pre-qualified artist list based
on project relevance, capacity, and alignment with community and site-specific
needs. Artists on the pre-qualified list will be invited to participate in the RFP phase
and develop a site-specific proposal.
2.2.6 RFP Process: Request for Proposals
Each invited artist or team may receive a stipend from the overall project budget to
support the development of a site-specific proposal for a designated public art
opportunity. These proposals must align with the City's design, legal, and cultural
criteria.
2.2.7 Proposal Requirements
Selected artists will be required to conduct one or more site visits. Artists may be
required to participate in community engagement activities such as workshops or
listening sessions, and integrate community input into their final design. Artists must
submit complete design proposals that include visual renderings, a materials list, a
detailed line-item budget that includes anti-graffiti coating and insurance costs,
maintenance requirements, and a project timeline for design, fabrication, and
installation. Final design proposals must include a narrative description outlining the
artistic concept, site integration, and cultural relevance. Artists will also be
responsible for fabricating and installing the final artwork and participating in a
public unveiling event.
As part of the final design proposal, the artist shall provide a lifecycle maintenance
and conservation plan for the artwork. The plan shall identify all materials used,
recommended cleaning procedures, anticipated maintenance needs, expected lifespan
of the artwork, and estimated maintenance requirements necessary to preserve the
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artwork over time. This information will support the City's long-term stewardship
and maintenance planning.
2.2.8 Design Guidelines
All artwork must be original, and the use of artificial intelligence (AI)-generated
content, stock images, or trademarked or copyrighted materials are prohibited. The
artwork must be respectful and inclusive and may not include content that is offensive
or derogatory. Advertising, religious, sexual, or political imagery or messaging
including, but not limited to names, logos, or commercial branding, is not permitted.
Any content considered obscene or indecent by community standards will be rejected.
Designs must be appropriate for all ages and should integrate cohesively with the
physical site and surrounding architectural context. Artwork designs will be
appropriate for public spaces and will consider issues such as safety, theft, and
vandalism. The design will also respect how each space is used by the public. For
example, artworks in parks will not block important views or interfere with normal
use of open spaces. Artwork may not include commercial branding,partisan political
symbols, religious symbols or text meant to proselytize, or discriminatory imagery.
The City reserves the right to determine what is considered appropriate for City
purposes and the right to approve the final design and methods of installation and
maintenance.
If the mural appears to be a sign advertising for a business, it must adhere to the city's
sign ordinance and regulations. More information can be found here:
https://www.santa-ana.org_/peimanent-and-temporary-sign-information/
The following general guidelines are provided to assist in the preparation of a
proposal:
I. Murals and Wall-Mounted Works
• Murals may incorporate paint, tile, mosaic, or other approved durable
media and shall be applied directly to the approved wall or surface.
• Murals shall not extend beyond or protrude from the surface plane except
as expressly approved through the review process.
• Murals may be installed on the interior or exterior of buildings or walls
with a finished and properly prepared substrate.
• Murals shall not be applied to unfinished stone, unpainted brick, or other
surfaces deemed unsuitable by the City.
2. Protection of Architectural Features
• Public art installations shall not obscure, alter, or cover architectural
features, including but not limited to windows, doors,pilasters, cornices,
trim, decorative bands,recessed elements, or projecting features.
3. Site Compatibility and Public Use
• Public art shall be designed to respect and complement the intended use of
the site.
• Installations shall not obstruct pedestrian or vehicular circulation,block
significant views, interfere with public access, or impede the normal use
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and function of public spaces.
4. Durability, Safety, and Materials
• All public art installations shall be fabricated and installed using durable,
high-quality materials appropriate for their intended environment,
including outdoor conditions where applicable.
• Projects must minimize potential safety hazards, design-related liability
risks, and vulnerability to theft or vandalism.
5. Sculptures and Three-Dimensional Installations
• Sculptures may be freestanding or integrated into the landscape or built
environment, provided they do not compromise accessibility, safety, or
circulation.
• Materials must be weather-resistant, structurally sound, and suitable for
long-term public exposure.
• Sculptures with moving parts must be engineered to ensure safe operation
and resistance to tampering.
6. Installations Incorporating Light, Sound, or Water
• Works using illumination,projection, or other lighting effects must
comply with local lighting ordinances, avoid glare or light spill onto
adjacent properties, and prevent interference with traffic visibility.
• Sound-based artworks must maintain volume levels that respect nearby
residences, businesses, and public activities, and may require timed or
motion-activated controls.
• Water features must use recirculating systems, incorporate slip-resistant
surfaces, and be designed to prevent standing water, overspray, or hazards
to pedestrians.
7. Augmented Reality (AR) and Technology-Enhanced Art
• AR installations must be designed to function safely within public spaces,
ensuring that users engaging with digital content do not obstruct pathways
or create unsafe conditions.
• Digital components must not require physical attachments to City property
unless approved through the review process.
• Any required signage, markers, or triggers must be durable, discreet, and
compatible with the site's aesthetic.
• Proposals must include a long-term maintenance and technology-support
plan addressing software updates,platform compatibility, and the expected
lifespan of the digital experience.
All exterior public art installations must be treated with an approved anti-graffiti or
protective coating to ensure long-term preservation and ease of maintenance. Varnish
and other coatings or finishes that are not specifically designed as graffiti abatement
products as part of a graffiti removal system do not comply with this requirement.
2.2.9 Local Artist Preference and Scoring Rubric
To prioritize the contributions of Santa Ana's creative community, the City will
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implement a point-based scoring rubric that awards additional points for artists who
live or work within Santa Ana. This ensures local artists have meaningful access and
recognition, while keeping the process equitable for outside artists who bring strong
proposals and local collaboration.
2.2.10 Proposal Evaluation:
The review panel shall evaluate all proposals from the selected finalists based on the
criteria established in this Policy. These considerations include the artistic quality and
originality of the work, and its cultural and site-specific relevance. The panel will
also review the feasibility and durability of the proposed materials; the
reasonableness of the project budget and schedule; and the overall alignment of the
proposal with the City's values,priorities, and adopted goals.
2.2.11 General Requirements:
Insurance:Artists selected for this phase must provide general liability insurance and,
when applicable,professional liability insurance,with the City listed as an additional
insured. Artists who do not currently have the required insurance may still apply but
must obtain all necessary coverage before contracting or before any on-site work
begins. The City reserves the right to request more specific insurance requirements,
depending on the risks involved with specific artwork or project. More information
regarding insurance requirements can be found here: https://www.santa-ana.or_/g rmd/
Business License: Artists selected must provide a current Santa Ana business license.
More information regarding business licenses can be found here: https://www.santa-
ana.org/business-license-general-info/.
2.2.12 Permits and Regulatory Compliance:
Building and Structural Impacts: Prior to installation, at the artist's sole expense, the
artist and/or project sponsor shall obtain all required permits from the City's Planning
and Building Agency. These expenses may be included in the budget. This
requirement is especially important if the installation of public art affects or alters a
building because it involves a structural attachment, modification, electrical
installation, or affects the integrity of any building, wall, foundation, ground surface,
or other physical improvement.
Encroachment into the Public Right-of-Way: If the installation process requires the
ternporary or permanent use of the public right-of-way, including but not limited to
sidewalks, streets, or alleys for scaffolding, equipment staging, lane closures, or
similar activities,the artist and/or project sponsor shall secure the appropriate permits
from the City's Public Works Agency and Planning and Building Agency and any
other applicable departments before commencing work, at the artist's sole expense.
These expenses may be included in the budget. A permit shall authorize the
installation of one approved public artwork only. Property owners or artists seeking
to modify,replace, substantially alter, or install a new public art design in place of an
existing permitted artwork must submit a new application and obtain all required
approvals and permits prior to commencing such work.
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More information regarding city permits can be found here: htips://www.santa-
ana.org/permits-counter/
2.3 Site Selection
Public art will be placed in highly visible, accessible areas within Santa Ana parks,plazas,
and other public spaces. Site selection will consider pedestrian activity, overall visibility,
and compliance with safety, infrastructure, and accessibility standards. Locations will also
be evaluated for their historical, cultural, and environmental relevance. Physical
characteristics such as walls, surfaces, landscaping, and sun exposure, as well as potential
weather or vandalism impacts, will inform placement decisions. Selected sites should
complement and enhance the surrounding environment. The City will make the final
determination on placement of the artwork.
2.3.1 Site Suitability
Artwork locations should prioritize structurally suitable surfaces.
• Where existing structures are used, early evaluation of wall condition and
long-term stability helps prevent premature deterioration. Those walls should
be evaluated by an engineer for settlement and movement prior to artwork
installation to prevent cracking or damage over time.
• If installed on private property walls facing the public right-of-way, an
agreement with the wall owner must be in place that grants the City rights to
access, reconstruct, maintain, etc. The owner must agree to preserve the art
rather than simply painting over it or reconstructing the wall without some
form of notice or approval, especially if the art was funded by the City.
2.3.2 Historic Properties
Art installations on sites determined eligible for historic preservation or existing sites
on the Santa Ana register of historic properties shall be subject to approval by the
Historic Resources Commission(HRC)if issuance of a certificate of appropriateness
is required, or for a formal recommendation to the City Council if required, as
determined by Chapter 3 0 of the Santa Ana Municipal Code. Specifically, any public
art installation involving physical attachment to, or significant visual alteration of, a
historic resource must be evaluated by the HRC to ensure the project does not damage
historic fabric or diminish the site's integrity. This evaluation shall confirm that the
installation methods are reversible where feasible and that the artwork remains
contextually appropriate to the surrounding architectural and historical environment.
2.4 Public Involvement
Community input can be an essential component of the public art process in Santa Ana to
ensure artworks reflect local values, histories, and aspirations. As appropriate for the
proposed project, the City may gather public feedback at multiple stages through
meetings, listening sessions, surveys, workshops, and partnerships. Artists are required to
engage with the community, gather and incorporate feedback, document their outreach
efforts, and ensure that the final artwork meaningfully represents Santa Ana's identity and
collective memory.
2.5 Capital Projects
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2.5.1 Existing Public Art
For construction projects where there is existing art, a preservation and protection
scope must be fully defined prior to bidding. Activities involving vibration,
trenching, shoring, or ground improvement, such as vibro-stone columns, can
damage a nearby artwork. These risks should be analyzed before bid and mitigation
measures be defined in the contract documents.
Temporary protection, bracing, and safeguarding of existing artwork during
construction should have clearly assigned responsibilities to avoid disputes, delays,
or unintended damage. Responsibilities may include design, installation, and
performance of the protection systems.
2.5.2 New Public Art
For construction projects proposing to install new art, preservation, protection, and
construction coordination requirements should be identified during project design
and incorporated into bid documents. Clear and complete scopes before the contract
is awarded will allow for the contractor to properly plan means and methods.
3.0 Maintenance, Preservation, Modification,Relocation, and Demolition
The City will be responsible for the maintenance, conservation, and preservation of Public
Art located on property owned and controlled by the City.
City-owned property includes, but is not limited to, City Hall, public parks, community
centers, City-owned parking structures, the Santa Ana Regional Transportation Center
(SARTC), the Santa Ana Police Administrative Building, the Jail Facility, and other
municipal buildings and facilities under City jurisdiction.
The City shall not assume maintenance responsibility for public art located on non—City-
owned property unless otherwise provided through a formally executed written agreement.
Private property owners are required to address graffiti and vandalism within a reasonable
time.
3.1 Maintenance
The City will, in consultation with the artist,establish a routine inspection and maintenance
schedule for all public art to ensure that each piece remains structurally sound, visually
preserved, and safe for public interaction. Artist should provide a list of materials used and
any maintenance or conservation needs.
A collaboration among CDA, PWA, and PBA shall ensure annual inspections will assess
structural stability, including cracks, shifting, or compromised mounting systems, along
with surface conditions such as fading, peeling, corrosion, or evidence of graffiti.
Evaluations will also examine the condition of materials and protective coatings,
identifying issues related to UV exposure, moisture damage, or deterioration of organic or
mixed media. Site conditions will be reviewed for erosion, pooling of water, overgrown
landscaping, debris, or wildlife interference,while interpretive signage will be checked for
visibility, legibility, vandalism, or informational QR or AR code functionality. Public
safety considerations will include identification of sharp edges,loose components,tripping
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hazards, and any ADA accessibility concerns. Inspections will occur at least annually and
whenever vandalism or damage is reported, with all findings documented, categorized by
severity, and scheduled for appropriate follow-up action to ensure long-term preservation
of public art.
For any public art installed on a structure or site listed on the Santa Ana Register of
Historical Properties, or determined eligible for such listing, all maintenance, repair, and
preservation activities must be conducted in a manner that does not compromise the
structural or architectural integrity of the underlying historic resource.Any such work must
strictly adhere to the preservation standards established in Chapter 30 of the Santa Ana
Municipal Code and, where applicable, the Secretary of the Interior's Standards for the
Treatment of Historic Properties. Consultation with the Planning and Building Agency will
be conducted prior to commencing significant repairs to ensure that the proposed methods
of maintenance or restoration do not constitute an"alteration"that would require additional
formal review by the Historic Resources Commission.
3.2 Artist Collaboration and Public Art Inventory
Whenever maintenance or restoration is required, the City will make every effort to
consult the original artist; artist's trust, estate, or foundation; or the artist's next of kin if
deceased, to ensure that all interventions respect the original artistic intent and cultural
significance of the work, unless an agreement explicitly assigns full custodial discretion
to the City.
If the City does not receive a response from the artist or estate within 90 days of attempted
contact, the City will proceed with necessary maintenance and/or restoration in a manner
that honors the artist's intent to the best extent possible.
The City will maintain a regularly updated Public Art Inventory to ensure accurate
documentation and effective long-term stewardship of all public art.
This inventory will include the artist's name and contact information; the artwork's title,
location, date of creation, and descriptive details; and information on materials,
fabrication methods, and any conservation notes relevant to ongoing care. The inventory
will also contain photographic documentation and restoration activities, and, when
applicable, contact information for the artist's estate.
3.3 Preservation
The City shall implement best preservation practices to maintain the integrity of its public
art. Preservation specialists should be procured separately by the lead agency/department,
and not through the general contractor.
Preservation strategies will be tailored to each artwork's materials, type, location, and
exposure. These strategies are preventive in nature and focused on minimizing long-term
degradation. Preservation work will follow professional standards and artist collaboration
practices.
3.4 Modification, Relocation, and De-accession
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3.4.1 Restoration Outcomes
When artwork requires restoration, the City will,whenever feasible, collaborate with
the original artist or the artist's estate to restore the piece.
If restoration is not feasible,the City will explore alternatives, including re-creation,
replacement, commissioning new work inspired by the original artist, and
comprehensive removal.
All actions, decisions, and documentation related to these processes shall be recorded
in the City's Public Art Inventory to ensure accountability and provide a reference
for future preservation efforts.
3.4.2 De-accession of Public Art
The following criteria may constitute grounds for the de-accession (removal) of a
public artwork. The presence of one or more of these conditions does not require
removal but may warrant review and consideration by the City:
1. The artwork's condition presents a demonstrated safety hazard to the public.
2. The artwork has been damaged or has deteriorated to such an extent that it
no longer retains its essential physical integrity or cannot reasonably be
represented as the original work.
3. Restoration of the artwork's structural or aesthetic integrity is technically
infeasible, or the cost of restoration exceeds available or reasonably
allocated City resources.
4. The building, wall, plaza, or other architectural or site element supporting
the artwork is scheduled for demolition, alteration, or redevelopment, and
the artwork cannot be safely removed intact or relocation is not feasible.
5. The use or character of the site has substantially changed, the artwork has
lost its contextual relevance, and relocation is impracticable or
inappropriate.
6. The artwork requires disproportionate or unreasonable conservation or
maintenance, or exhibits inherent vice (faults in design, materials, or
workmanship) that undermine its longevity.
7. The artwork is in storage and not, or is rarely, on display due to the absence
of a suitable or secure site.
8. The City cannot reasonably guarantee the artwork's protection,
preservation, or security in its current location.
9. The artwork was not fabricated, installed, or completed in substantial
conformance with the approved proposal or contractual requirements.
11
EXHIBIT 1
10. The artist has submitted a written request for removal, and the City has
determined that the request is reasonable and consistent with applicable
agreements and laws.
11. The artwork has reached the end of its anticipated lifespan as defined in the
original commission, contract, or conservation plan.
12. The artwork is determined to be inauthentic or in violation of copyright,
intellectual property, or other applicable laws.
13. The artwork or the artist's character has been the subject of documented,
sustained, and significant community concern, and following formal
review, the City determines that the artwork or artist's character no longer
reflects the values or interests of the community it serves.
If a public artwork is considered for removal, there will be a 30-day public comment
period,with a public notice communicated through the City website, on-site signage,
and community outreach.
4.0 Rights and Responsibilities
4.1 Possible Rights and Protections under Federal and State laws (VARA and CAPA)
Public art may be protected under federal and/or state law, specifically the Visual Artists
Rights Act of 1990 (VARA) and the California Art Preservation Act of 1979 (CAPA).
These laws discuss certain moral rights, including the rights of integrity and attribution.
The City is committed to complying with all laws, including VARA and CAPA, if
applicable to a piece of public art.
4.2 VARA and CAPA Protections
VARA can be found at 17 U.S.C. §101, et seq., and CAPA can be found at California Civil
Code §987. An artist should review their rights under both VARA and CAPA and seek any
legal guidance they deem necessary.
This section applies to all works of fine art and public art in the City's collection or under
its jurisdiction that may be protected under these statutes.
1. Protection from Alteration or Destruction
The City shall not intentionally distort,mutilate, deface,alter, or destroy a protected
work of art in a manner that would prejudice the artist's honor or reputation, except
as permitted by law. The City shall not intentionally destroy a work of recognized
stature without complying with all applicable statutory requirements.
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EXHIBIT 1
2. Notice to Artist
Prior to the removal, relocation, alteration, or destruction of a protected artwork,
the City shall make a diligent, good faith effort to notify the artist in writing at the
artist's last known address of record at least 90 days in advance. The notice shall
describe the proposed action and provide the artist a reasonable opportunity to
respond, inspect the artwork, or assert applicable rights.
3. Opportunity for Removal
If a work of art is incorporated into a building or structure and can be removed
without substantial damage to the artwork, the artist shall be provided the
opportunity to remove the artwork at the artist's sole expense within a reasonable
timeframe specified by the City, consistent with applicable law.
If removal cannot be accomplished without destruction, distortion, or substantial
alteration, the City shall comply with all statutory notice and documentation
requirements prior to proceeding.
4. Public Works, Renovation, or Demolition
When alteration, removal, or destruction of a work of art is necessitated by
construction, renovation, demolition, or other public works activity, the City shall
comply with applicable notice requirements under VARA and CAPA and shall
document the artwork prior to removal or destruction,unless emergency conditions
require immediate action.
5. Emergency Conditions
If a work of art presents an immediate threat to public health or safety,the City may
take necessary action to secure, remove, or stabilize the artwork without prior
notice. The City shall document the emergency condition and provide notice to the
artist as soon as practicable thereafter. An emergency condition can also include
vandalism that promotes hate speech or provokes violence.
6. Documentation
Prior to removal, relocation, or destruction of a protected artwork, the City shall
document the artwork through photographs and written records for archival
purposes, unless emergency circumstances prevent such documentation.
7. Waivers
Where legally permissible, the City may require artists to execute written waivers
of rights under VARA and/or CAPA as a condition of commission, acquisition, or
installation. Any such waiver shall be clear, specific, and executed in compliance
with statutory requirements.
13
EXHIBIT 1
8. Legal Review
In circumstances involving potential destruction, works of recognized stature,
disputed authorship,or complex site-integrated artworks,the City shall consult with
legal counsel to ensure compliance with all applicable federal and state laws.
4.4 Roles and Responsibilities
The success of public art depends on clear collaboration among City agencies
and departments. The following outlines the roles and responsibilities of each
participating entity in the planning, development, implementation,
maintenance, and stewardship of public art.
4.4.1 Community Development Agency
The Community Development Agency(CDA) serves as the lead entity for all Public
Art projects and to help guide projects for other agencies and departments that might
incorporate public art into their projects. Other City agencies and departments must
ensure they consult with the Arts &Culture office on projects including art. The Arts
& Culture office supports the Arts and Culture Commission (ACC), oversees artist
selection and commissioning, maintains the Public Art Inventory, and manages
outreach, grants,partnerships, and budgets.
4.4.2 Public Works Agency
The Public Works Agency(PWA) serves as the lead entity for all Public Art projects
within City facilities other than parks and the City's right-of-way.PWA also supports
public art by advising on site feasibility and environmental impacts, assisting with
installation logistics, and supporting maintenance and repairs.
4.4.3 Parks, Recreation and Community Services Agency
The Parks, Recreation and Community Services Agency(PRCSA) serves as the lead
entity for all Public Art projects within City parks.
4.4.4 Planning and Building Agency
The Planning and Building Agency (PBA) serves as the lead support agency for the
Historic Resources Commission (HRC) and prepares agenda packets in support of
the HRC's functions.
PBA shall be consulted for all Public Art projects located within established historic
districts, including but not limited to Downtown, French Park, and Floral Park. This
oversight ensures that any proposed artwork or installation is consistent with the
City's existing Design Guidelines and the specific historic character of the district.
The PBA shall be notified of all such proposals at the concept stage to determine if
HRC approval or a Certificate of Appropriateness is required prior to the
commissioning of the artwork.
14
EXHIBIT 1
APPENDIX A
GLOSSARY OF TERMS
ADA(Americans with Disabilities Act):
Federal civil rights law that prohibits discrimination against individuals with disabilities and
requires public spaces and facilities to be accessible.
Alteration:
Any change, modification, or physical impact to an artwork or its site that affects its design,
materials, structure, or visual character.
Anti-Graffiti Coating:
A protective surface treatment applied to public art to allow for easier removal of graffiti without
damaging the underlying artwork.
Art Installation:
A site-specific or experiential artwork composed of multiple elements or media arranged to
transform or activate a space, either temporarily or permanently.
Arts and Culture Commission (ACC):
An advisory body to the City Manager and the City Council that snakes recommendations and
advocates for arts education, cultural diversity, and other initiatives that further the growth and
sustainability of the arts and cultural community in Santa Ana.
Artist Statement:
A written narrative provided by an artist describing their artistic vision, intent, and conceptual
approach to their work.
Building Permit:
An official authorization issued by the City allowing construction, installation, or structural
modification in compliance with applicable codes and regulations.
California Art Preservation Act (CAPA):
A California state law (California Civil Code §987) that grants artists certain moral rights,
including protection against alteration or destruction of fine art.
Certificate of Appropriateness:
Formal approval issued by the Historic Resources Commission (HRC) for proposed alterations to
designated historic resources or properties within historic districts.
Community Engagement:
The process of involving residents, stakeholders, and community members in the planning,
design, or review of public art projects through meetings, workshops, surveys, or other outreach
methods.
Conservation:
Professional measures taken to stabilize, repair, and preserve artwork to prevent further
deterioration while maintaining artistic integrity.
16
EXHIBIT 1
De-accession:
The formal removal of an artwork from the City's Public Art Inventory and collection following
an established review process.
Durability:
The ability of materials and construction methods to withstand environmental exposure, aging,
vandalism, and public interaction over time.
Encroachment Permit:
Authorization required for temporary or permanent use of the public right-of-way, including
sidewalks or streets, for installation or construction activities.
Historic Resources Commission (HRC):
The City body responsible for reviewing and making determinations regarding alterations to
historic properties in accordance with Chapter 30 of the Santa Ana Municipal Code.
Inherent Vice:
A flaw or defect in materials, fabrication, or design that leads to deterioration or structural failure
over time.
Installation:
The process of fabricating, delivering, mounting, securing, and completing a public artwork at its
designated site.
Local Artist:
An artist currently living in the city; maintaining a business within the city; or has created,
performed, or displayed their work in local public spaces in the city within the past five years
Maintenance:
Routine inspection, cleaning, minor repair, and care necessary to keep artwork in good condition
and safe for public display.
Mural:
A form of public art consisting of artwork painted, affixed, or otherwise applied directly to an
interior or exterior wall or large permanent surface.
Monument:
A structure, statue, sculpture, inscribed stone, or other permanent installation erected to
commemorate a person, group,place, or historical event.
Public Art:
Original works of art commissioned, acquired, or approved by the City for installation in
publicly owned or publicly accessible spaces.
Public Art Inventory:
The official record maintained by the City documenting all public artworks, including artist
information, materials, location, conservation history, and photographs.
Public Realm:
Publicly owned or publicly accessible spaces such as parks,plazas, streets, civic buildings, and
17
EXHIBIT 1
rights-of-way.
Request for Proposals (RFP):
A formal solicitation issued by the City inviting qualified artists to submit detailed design
concepts and project proposals for a specific public art opportunity.
Request for Qualifications (RFQ):
A formal solicitation process used to evaluate and pre-qualify artists based on experience,
portfolio, and professional credentials prior to requesting detailed proposals.
Restoration:
The process of returning a damaged or deteriorated artwork as closely as possible to its original
appearance and structural condition.
Right-of-Way:
Public land reserved for transportation and utility purposes, including streets, sidewalks, alleys,
and related infrastructure.
Sculpture:
A three-dimensional artwork created through carving, casting, assembling, or similar methods,
typically designed to be viewed from multiple angles.
Secretary of the Interior's Standards:
Federal standards that provide guidance for the preservation,rehabilitation, restoration, and
reconstruction of historic properties.
Site-Specific:
Artwork designed specifically for and integrated with a particular location, considering its
physical, cultural, and environmental context.
Visual Artists Rights Act(VARA):
A federal law(17 U.S.C. §101, et seq.) granting artists certain moral rights, including rights of
attribution and integrity for qualifying works of art.
18
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