CITY OF ANAHEIM
PUBLIC ART GUIDELINES
EFFECTIVE [ ]
Introduction 3
Definitions 3
Roles and Responsibilities 5
City Council 5
Cultural and Heritage Commission 5
Public Art Advisory Committee 5
Interdepartmental Public Art Coordination Committee 6
Public Art Coordinator (Coordinator) 6
Collection Management 7
Donations 7
Donation Requirements 7
Donation Proposal Procedures and Review Process 8
Ownership 8
Criteria for Evaluation 8
Memorial Gifts 9
Art on Loan or Temporary Display on City-owned Property 9 Acceptance and Accession of the Artwork 9
Removal, Relocation, or Deaccession of the Artwork 10
Maintenance 11
Maintenance Guidelines for Acquiring New Works 11
Deaccession 12
Removal from Public Display 12
Provision for Emergency Removal 12
Criteria for Deaccession 13
Application Process 14
Review Process 14
Public Art Program Update 17
Use of Funds 18
Public Art Acquisition 19
Goals of the Selection Process 19
Conflict of Interest 19
Artist Selection Methods for Acquiring Existing Artwork 20 Artist Selection Methods for Commissioning New Artwork 20 Artist Services Procurement 21
Artist Selection Process for Artwork Acquisition (Existing Artwork and Newly- Commissioned Art) 22
Public Art Guidelines
2 Purpose and Responsibilities 22
Artist Selection Committee 22
Purchasing Procedures 23
Project Implementation Process for Site- Specific Artworks 23 Anaheim Mural Program (Private Property) Permitting Process and Regulations 25 Anaheim Mural Permit Submittal Components 26
Application 26
Private Property Acknowledgement Form 27
Mural Encroachment Form 27
Right of Way Construction Permit and Encroachment Permit Application for Occupying Public Right of Way 27
Artist Copyright License and Waiver 28
Anaheim Mural Program Permit Design Considerations and Standards 28 Design Considerations 28
Standards 28
Mural Application Review 29
Anaheim Mural Program Artist Register 30
Existing Privately-Commissioned Murals on Private Property Visible to Public Property or Public Rights-of-Way (“Legacy or Murals”) 31 Acquisition of Privately-Commissioned Murals on Private Property, either in the Public Right-of-Way or Not in the Public Right-of-Way Acquisition 31 Public Art Guidelines
3 Introduction
As authorized by Anaheim Municipal Code (AMC) Chapter 17.37 (Public Art) and to establish a strong Public Art Program, the City Manager recommended and the Council of the City of Anaheim adopted the Public Art Guidelines (Guidelines) on [ ]. The Guidelines include the following sections: Roles & Responsibilities; Collection Management; Public Art Program Update; Use of Funds; Public Art Acquisition; Anaheim Mural Program Permitting Process and Guidelines. Collectively the Guidelines administer the Public Art Plan and regulate Public Art pursuant to AMC Chapter 17.37.
Definitions
For these guidelines, the following terms, phrases, words, and their derivation shall have the meaning given herein:
Accession, when used herein, shall mean a procedure for the acceptance of artwork into the Public Art Collection.
Artist, when used herein, shall mean an individual generally recognized by critics and peers as a professional practitioner of the visual, performing, or literary arts, as judged by the quality of that professional practitioner’s body of work, educational background, experience, public performances, past public commissions, sale of works, exhibition record, publications, and/or production of artwork. The members of the architectural, engineering, design or landscaping firms retained for the design and construction of a development project covered by these guidelines shall not be considered artists for the purposes of these guidelines.
City, when used herein, shall mean the City of Anaheim, California.
Deaccession, when used herein, shall mean a procedure for the withdrawal of artwork from the Public Art Collection and the determination of its future disposition.
Interdepartmental Public Art Coordination Committee or IPACC, when used herein, shall mean a decision making body as authorized by AMC 17.37.040.0102 and acting pursuant to the Guidelines.
Mural, when used herein, shall mean a painting, tile or other materials deemed appropriate that comprise artwork on an exterior wall in public view, whose primary purpose is commemorative or artistic rather than advertising (AMC 18.44.030.290).
Public Art, when used herein, shall mean any of the following: sculpture, statues or monuments in any material or combination of materials; painting; murals; graphic arts including printmaking and drawing; photography; crafts in clay, fiber and textiles, wood, metal, plastics, glass and other materials; mixed-media, any combination of forms or media, including collage; functional art such as street furniture, as defined by the Anaheim Public Public Art Guidelines
4 Art Program; environmental art consisting of landforms and artistic landscape composition.
The term “Public Art” does not include reproductions by mechanical or other means of original works of art, except for limited editions, controlled by the artist, of original prints, cast sculptures, photographs or other works of art; decorative, ornamental, or functional elements which are designed by the building architect or consultants engaged by the architect which are a traditional and typical element of architectural design; elements generally considered to be conventional components of a landscape architectural design including, but not limited to, plant materials, pools, paths, benches, receptacles, fixtures and planters except street furniture as defined by the Anaheim Public Art Program and environmental art consisting of landforms and artistic landscape composition; “Art objects” which are mass produced or of a standard design, such as playground sculpture or fountains, except pieces of historical significance to the city; directional or other functional elements, such as supergraphics, signage, color coding and maps, except where sculptural pieces are used to define gateways in the city; electrical, water or mechanical service for activation of the work; exhibitions and educational programs related to the work; performing arts; and art that displays slogans, logos, mascots or commercial advertising (AMC
17.37.020.0101).
Public Art Collection or Collection, when used herein, shall mean art objects that are owned by the City of Anaheim and are permanently installed in public, accessible locations.
Permanent Public Art must be located in a public place with public visibility and impact, and shall have a permanence at least comparable to associated capital projects (AMC
17.37.020.0102).
Public Art Coordinator or Coordinator, when used herein, shall mean the staff and/or consultant who will serve as a Coordinator for the City’s Public Art Program acting pursuant to the Guidelines.
Public Art Guidelines or Guidelines, when used herein, shall mean the published guidelines recommended by the City Manager and approved by the City Council for the administration of the Public Art Plan. The Public Art Guidelines and any amendments thereto shall take effect forty-five (45) days after approval by the City Council (AMC
17.37.020.0103).
Public Art Plan or Plan when used herein shall mean the plan authorized by Chapter 17.37 and approved by the City Council that implements the purpose of Chapter 17.37. The Public Art Plan shall be reviewed by the City Council and as appropriate shall include new and projected allocations from the Public Art Fund including project descriptions, budgets, locations and recommended design approaches (AMC 17.37.020.0104).
Public Art Program, when used herein, shall mean the Public Art Program of the City of Anaheim, California. Activities that comprise the Public Art Program include building, stewarding, and maintaining the Public Art Collection.
Public Art Guidelines
5 Public Art Committee or Committee, when used herein, shall mean an advisory committee of the Cultural and Heritage Commission authorized by AMC 1.04.450.020 and acting pursuant to the Guidelines.
Public Art Regulations, when used herein, shall mean the Public Art Guidelines and any applicable rules and regulations set forth by resolution of the City Council (AMC
17.37.020.0105).
Public space, when used herein, shall mean any area or property (public or private) which is accessible or visible to the general public a minimum of 8 hours per business day.
Publicly-owned land, when used herein, shall mean any land open to the public and managed by the City of Anaheim, California.
Relocation, when used herein, shall mean a procedure for the movement of an artwork from one location to another.
Roles and Responsibilities
This section outlines the general roles and responsibilities of residents, City staff, and elected officials in the development, funding and implementation of the Public Art Program.
City Council
The Anaheim City Council has adopted Chapter 17.37 (Ord. 6451), establishing the Anaheim Public Art Plan to be administered by the City Manager.
Cultural and Heritage Commission
The Cultural and Heritage Commission (the “Commission”) is an advisory body to and appointed by the City Council. Ordinance No. 5892, which the City Council of the City of Anaheim approved and adopted on October 14, 2003, dissolved the Anaheim Arts Council and replaced the Anaheim Arts Council with the Commission. Duties, policies, and procedures for the Commission are described in sections 1.04.396 and 1.04.450 of the Anaheim Municipal Code.
Public Art Advisory Committee
The Anaheim Public Art Committee is an advisory body to the Cultural and Heritage Commission.
The following qualifications should be considered when appointing the members of the Committee. At a minimum, three of the five should be Anaheim residents:
Public Art Guidelines
6 1. One or more artists;
2. One or more arts professionals or educators;
3. One member of the Cultural and Heritage Commission; and/or
4. One design professional.
The Committee consists of up to five (5), but no fewer than three (3) members and is chaired by a Cultural and Heritage Commissioner.
The Public Art Advisory Committee has the following responsibilities:
1. Act principally in an advisory capacity to the Cultural and Heritage Commission in matters pertaining to public art.
2. Advise and make recommendations to city staff pertaining to, among other things, proposed artwork donations; artist selection juries and process; commission and placement of artworks; and maintenance and removal of artworks.
Any member serving on the Committee is ineligible for a public art project by the City of Anaheim during their membership and for an entire year following.
Interdepartmental Public Art Coordination Committee
The Interdepartmental Public Art Coordination Committee (IPACC) is a decision making body appointed by the City Manager. The IPACC consists of an odd number of members representing various City Departments.
The IPACC meets regularly to:
1. Review submissions for Anaheim Public Art and Mural Permit.
2. Review submissions for inclusion in the Anaheim Public Art and Mural Program Artist Register.
Public Art Coordinator (Coordinator)
The Public Art Coordinator serves as a central point of contact and plays a key role in the administration of the City's Public Art Program. This staff and/or consultant position will collaborate with various City departments, the Cultural and Heritage Commission, and the Public Art Advisory Committee to ensure the processes outlined in the Public Art Guidelines are carried out efficiently and appropriately. Their responsibilities encompass various aspects of public art processes, including planning, collaboration, artist selection, project management, and art acquisition.
Public Art Guidelines
7 Collection Management
The City of Anaheim acquires artworks by commission and donation. Artwork acquired through these processes are considered to have been accessioned into the City’s Public Art Collection. Processes for commissioned acquisitions are dictated by the Acquisition chapter of the Guidelines. Processes for donated acquisitions are dictated below in the Collection Management chapter of the Guidelines. Objects in the Public Art Collection must be cared for in accordance with the procedures for Maintenance and the Collection Management procedures. Artworks in the City’s possession that were acquired outside of or before these procedures may not be accessioned pieces of the Public Art Collection and thus may not be subject to the Collection Management procedures. These procedures only apply to artworks formally accessioned into the Anaheim Public Art Collection, in accordance with the processes set forth in this document. The Collection Management procedures are intended to maintain the value of the City’s Public Art Collection and guard against the arbitrary disposal of any of its pieces.
Objectives
● Maintain a Collection management program that results in a high-quality, city-owned Collection;
● Eliminate artwork that is unsafe, not repairable, or no longer meets the needs of the City;
● Respect the creative rights of artists; and
● Support an efficient workload for staff.
Donations
Requests to donate artwork to the City may be considered on a case-by-case basis.
Requests for consideration shall be made through the Coordinator.
Donation Requirements
The City will consider donations on the following basis:
● The donation contributes to and enhances the City’s Collection; ● The donation meets a high standard of quality and is appropriate and meaningful to the City;
● The donation follows required City procedures, including the submission of a Donation Proposal and a Maintenance Plan.
● The donation proposal includes a plan to fund and deliver ongoing operations and maintenance – or the resolution accepting the public art must identify how maintenance will be funded; and
● The donation proposal is reviewed and endorsed by the Public Art Advisory Committee and approved by the City of Anaheim.
The City will not accept a donation of artwork until all funds for development, fabrication, siting, and installation have been secured. The City will consider the following types of donation proposals for artworks for City-owned property:
Public Art Guidelines
8 ● An already completed artwork; or
● A commissioned artwork by a specific artist or artists to be created especially for City-owned property.
Donation Proposal Procedures and Review Process
Formal requests to donate artwork to the City of Anaheim are made through the Coordinator to the Public Art Advisory Committee.
The donor shall complete an Art Donation Agreement Application (donor form) and submit the form to the Coordinator, who will formally present it to the Public Art Advisory Committee at a regular Committee meeting. Following a review by the Public Art Advisory Committee, which evaluates the donation request to determine the appropriateness of the donation as measured by approval criteria, the Public Art Advisory Committee will provide a written recommendation to the Cultural and Heritage Commission, who will share the recommendation with the City. The City will then determine whether the donation is in the City’s best interest and is consistent with the City’s goals and applicable City laws, policies, Ordinances, and Resolutions. The City will notify the donor in writing, identifying final conditions if approval is granted. The City will create and affix the donation plaque in accordance with the City’s Gifting procedures.
Ownership
Once the City accepts a gift, the City shall be the sole owner of the donated item and will have the right, in its sole and absolute discretion, to deaccession any donated item without providing notice to or obtaining the donor’s consent.
Criteria for Evaluation
Elements will include, but will not be limited to, the following:
1. City-owned Property – Donated public artwork must be suitable for public display on City-owned or City-managed property;
2. Relevance and Site Context – Works of art must be appropriate for the proposed location and its surroundings and/or complement the architecture, topography, history, and social dynamic of the location in which it is placed;
3. Artist and Artwork Quality – The artist demonstrates the ability and potential to execute the proposed artwork based on previous artistic achievement and experience. Duplication of work will also be considered. The artwork must enhance the City’s Collection;
4. Physical Durability – The artwork will be assessed for long term durability against theft, vandalism, and weather;
5. Public Safety and Liability – The artwork will be assessed for any public safety concerns, as well as for any potential liabilities for the City;
6. Sustainability – Consideration will be given to the environmental impact and sustainability of the proposed artwork, including its operations and maintenance requirements/costs; and
7. Legal – Proposed terms of donation, legal title, copyright authenticity, artist's right to reproduce, liability, and other issues as deemed appropriate will be considered.
Public Art Guidelines
9 Memorial Gifts
Memorial gifts will have an additional review process, which will include, but will not be limited to, the following:
8. Timeframe – The person or historical event memorialized must be deemed significant enough to merit such an honor. If the artwork portrays a person in their likeness, the person so honored will have been deceased for a minimum of five years before consideration. The City reserves the right to remove memorials at any time should the City deem it necessary;
9. Community Value and Timelessness – The art selected represents broad community values and timeless qualities that will be meaningful to future generations; and
10. Location – The location under consideration is an appropriate setting for the memorial; generally, there should be some specific geographic justification for the memorial being located within a particular site.
Art on Loan or Temporary Display on City-owned Property Art on loan, or art on temporary display on City-owned property, must meet the Donation Requirements above, follow the Donation Proposal Procedures 1-9 above, and be reviewed using step 1 of the Donation Proposal Review Process. Art on loan or art on temporary display on City-owned property must not be accessioned or added to the City’s inventory list and master database.
Acceptance and Accession of the Artwork
City staff should refer to City of Anaheim Administrative Regulations - Section 330, prior to finalizing the accession process, as proposed donations may require City Council acceptance.
If the proposal is accepted by the City of Anaheim, a formal agreement will be negotiated outlining the responsibilities of each party (the City, the sponsor(s), the artist, and outside contractors, where applicable).
The agreement will address project funding, insurance, siting, installation, operations and maintenance, project supervision, vandalism, the right of removal or transfer, public safety, and other issues as necessary.
The City of Anaheim will be the owner of the artwork and reserves the right to remove or alter the work to ensure public safety or because of any other City concerns. The City upholds copyright law and the Visual Artists Rights Act of 1990 (17 U.S.C.§ 106A). Any changes will be made in consultation with the artist and sponsor(s) when possible, or notification will be provided.
The completed and installed artwork will be accessioned and added to the City’s inventory list and master database with all accompanying documentation.
Public Art Guidelines
10 Removal, Relocation, or Deaccession of the Artwork
In accepting a donation of artwork, the City of Anaheim will not be bound by any agreement with the donor that restricts the City’s ability to act in the best interest of the City of Anaheim.
Nothing in the acceptance of a donation of artwork shall prevent the City from approving subsequent removal, relocation, or deaccessioning of such donations if it serves the City’s best interest to do so. The City will deaccession and dispose of works of art in its Collection in accordance with the Collection Management procedures.
Public Art Guidelines
11 Maintenance
The City of Anaheim will administer the maintenance of the City’s Collection with advice from the Coordinator and/or other outside consultants through yearly evaluation and planning for the care of the existing Collection.
This section addresses:
● Accessioning and inventorying the City’s Collection of public art; ● Conducting a biennial Survey and Condition Assessments of all work in the Collection;
● Preparing a biennial Public Art Maintenance Plan; and ● Overseeing routine maintenance and special conservation treatment of the City’s Collection.
Every five years, the City of Anaheim will assess the condition of all public art with a qualified professional conservator and develop a prioritized list of works in need of conservation or maintenance. This list will be the basis of the biennial Public Art Maintenance Plan.
Under this plan, trained contractors may carry out routine maintenance. For work in need of a higher level of maintenance, specialized care, or conservation treatment, the Program will utilize the maintenance funds available held in the Public Art Fund.
Maintenance Guidelines for Acquiring New Works
Maintenance Plan
As described in the Acquisition procedures, all acquired artworks must have a maintenance plan developed.
Utilization of the Maintenance Plan
The Maintenance Plan will be used to:
● Advise the Public Art Advisory Committee, appropriate City staff, and others who must review and approve design proposals or accept or decline donated artwork; ● Troubleshoot the production of construction drawings, the fabrication of the artwork, and the preparation of the site;
● Follow-up on the artist’s recommendations; and
● Refer to during the post-fabrication/installation inspection to prepare a final report and a punch-list to complete the project.
The City of Anaheim, professional conservators, and artists will strive to address the recommendations in the Maintenance Plan without unduly interfering with the aesthetic intent of the proposed public art.
Post Fabrication/Installation Inspection
Public Art Guidelines
12 The Post-Fabrication/Installation Inspection conducted by City staff will be based upon and follow-up on the Maintenance Plan that was developed during the design phase. It will include the following:
● Ensure that recommendations made in the Maintenance Plan and during fabrication were followed;
● Confirm that the artwork is executed as proposed and agreed upon; ● Confirm that there are no missing or incomplete elements; ● Establish that materials quality and stability are acceptable; ● Establish that fabrication quality and stability are acceptable; ● Confirm that installation is stable and secure;
● Confirm that stainless steel is fully and properly “passivated”; ● Confirm that, if required, protective coatings have been applied; ● Ensure that warranties for electronic and other media are submitted as necessary; ● Identify any remaining vulnerabilities;
● Confirm no new damage resulting from installation process; ● Ensure that the maintenance and operations plan is accurate; amend as needed; and
● Confirm that the plaque/public notice meets program procedures and is properly installed.
Deaccession
Removal from Public Display
Requests to deaccession artwork to the City may be considered on a case-by-case basis.
Requests for deaccession consideration shall be made through the Coordinator to the Public Art Advisory Committee, based on the deaccession criteria below.
If the artwork is removed from public display, the City of Anaheim may consider the following options:
● Relocation: If the Public Art Advisory Committee recommends that an artwork must be removed from its original site, and if its condition is such that it can be re-installed, the Public Art Advisory Committee will attempt to identify another appropriate site. If the artwork was designed for a specific site, the Public Art Advisory Committee will attempt to relocate the work to a new site consistent with the artist’s intention. If possible, the artist’s assistance will be requested to help make this determination. ● Store artwork until a new site has been identified or the City decides to deaccession the artwork.
● Sell or trade the artwork after deaccession.
Provision for Emergency Removal
In the event that the structural integrity or condition of an artwork is such that the artwork presents an imminent threat to public safety, the City Manager may authorize immediate removal without the artist’s consent, and have the artwork placed in temporary storage. The artist must be notified of this action within 30 days. The City will then consider options for repair, reinstallation, maintenance provisions or deaccessioning. In the event that the Public Art Guidelines
13 artwork cannot be removed without being altered, modified, or destroyed, and if the Artist’s agreement with the City has not been waived under the Visual Artists Rights Act of 1990 (17 U.S.C.§ 106A), the City must attempt to gain written permission before proceeding. In the event that this cannot be accomplished before action is required in order to protect the public health and safety, the City shall proceed according to the advice of the City Attorney.
Criteria for Deaccession
The Public Art Advisory Committee may consider the deaccessioning of artwork for one or more of the following reasons in the event that it cannot be re-sited:
1. An artwork is not, or is only rarely, on display because of lack of a suitable site.
2. The condition or security of the artwork cannot be reasonably guaranteed.
3. The artwork has been damaged or has deteriorated and repair is impractical or unfeasible.
4. The artwork endangers public safety.
5. In the case of site specific artwork, the artwork’s relationship to the site is altered because of changes to the site.
6. The artwork has been determined to be incompatible within the context of the collection.
7. The City of Anaheim wishes to replace the artwork with work of more significance by the same artist.
8. The artwork requires excessive maintenance or has faults of design or workmanship.
9. The City of Anaheim has approved necessary site alterations
10. Written request from the artist.
11. The artwork has become publicly associated with racism, sexism, homophobia, xenophobia, acts of assault or violence.
Integrity of Artworks
The Anaheim Public Art Program will seek to ensure the ongoing integrity of the artwork and the sites for which they were created, to the greatest extent feasible, in accordance with the artist’s original intentions, and consistent with the rights afforded by the Visual Artists Rights Act of 1990 (17 U.S.C.§ 106A).
Access to Artworks
The City will seek to assure continuing access to artworks by the public. However, the City may limit availability due to circumstances such as funding, public safety, display space, and deaccession processes.
Life Spans
An artwork’s life span is either the amount of time its materiality will allow it to be displayed (either for artwork safety or artwork integrity reasons), or the object’s display period, as determined by a contract between the City and the artist, whichever is shorter. Life spans assigned to the work during the commissioning process will be considered as part of requests for deaccession or removal. For artworks that have not been assigned a life span, the Coordinator may engage experts to assist in assigning the artwork a life span, based on Public Art Guidelines
14 the life expectancy of the artwork’s materials and fabrication methods, and/or the programming priorities of the Public Art Advisory Committee.
Temporary: 0 - 2 years
Short Term: 3 -10 years
Medium-Term 11 - 25 years
Long-Term 26+ years
Application Process
Preliminary Request
Permanent artworks must be in place for at least five years before deaccession or relocation requests will be considered unless matters of public safety necessitate the removal.
Deaccession or relocation requests may be submitted by the public.
Deaccession and Removal Form
Applicants will be required to submit a written request to City staff, or the appropriate representative for consideration of deaccession or removal of artwork.
Review Process
In consultation with the Public Art Advisory Committee, the Coordinator will review requests and decide on either deaccession or relocation.
Public Meeting
The City may hold a public meeting to gather community feedback on a proposed deaccession or removal, unless the removal is an emergency. The City may also decide to hold additional public meetings or gather community input through other methods. The City may seek additional information regarding the work from the artists, galleries, curators, appraisers, or other professionals before making a recommendation.
Artist Involvement
If deaccession or removal is recommended, the artist (if available) will be contacted and invited to provide input to the City. The artist’s contract and other agreements or pertinent documents will be reviewed and sent to the City Attorney’s Office for final approval.
Recommendation
The Coordinator will prepare a report and consult with the City Attorney, as necessary. City staff’s recommendation may include dismissing the request and/or modifying, relocating, selling, donating, disposing, or storing the artwork.
Public Art Guidelines
15 The Coordinator will provide all relevant correspondence including, but not limited to:
1. Artist’s Name, biographical information, samples of past artwork, and resume.
2. A written description and images of the Artwork.
3. Artist’s statement about the Artwork named in Deaccession or Relocation Request (if possible)
4. A description of the selection process and all related costs that was implemented at the time the Artwork was selected.
5. A formal appraisal of the Artwork (if possible)
6. Information regarding the origin, history, and past ownership of the Artwork
7. Information about the condition of the Artwork and the estimated cost of its conservation.
8. Information and images of the Artwork’s site
9. Any information gained from the public meeting held about the deaccession and removal of the work.
10. Feedback from the City Department responsible for operating and maintaining the Artwork.
11. Detailed budget for all aspects of conservation, maintenance, repair, installation, operation, insurance, storage, and City Staff support.
12. The Artist’s contract with the City.
City staff can recommend one or more of the following methods for an artwork’s deaccession:
1. Sale or Exchange - sale will comply with the State of California and City of Anaheim laws and policies governing the sale of municipal property. a. Artist, or estate of the artist, will be given the first option to purchase or exchange the artwork(s).
b. Sale may be through auction, gallery resale, direct bidding by individuals, or other forms of sale in compliance with the State of California and City of Anaheim law and policies governing surplus property.
c. Exchange may be through an artist, gallery, museum or other institution for one or more artwork(s) of comparable value by the same artist. d. No works of art shall be traded or given to Public Art Advisory Committee members or City of Anaheim staff.
e. Proceeds from the sale of artwork will be placed in the Public Art Fund. Any pre-existing contractual agreements between the artist and the City regarding resale shall be honored. An exception to these provisions may be required if the artwork was originally purchased with funds that carried with them some restriction, for example, bond funds for street and sidewalk improvements, in which case the proceeds shall be placed in an account designated for art allowed under similar restriction(s).
2. Destruction of Artwork – if artwork is deteriorated or damaged beyond repair or deemed of negligible value.
3. If the City of Anaheim is unable to dispose of the artwork in the manner outlined above, the Coordinator may recommend the donation of the artwork to a non-profit organization or another method.
Public Art Guidelines
16 Costs
If deaccession or relocation accommodates the applicant’s interests or project, they may be required to cover the deaccession or relocation at no cost to the City.
Conflict Of Interest
No works of art shall be given or otherwise transferred publicly or privately to officers, directors, or employees or staff of the City of Anaheim or their immediate families or representatives of the City of Anaheim.
Compliance With Applicable Policies And Regulations
Deaccession and relocation of artwork will be done in a manner that complies with all other applicable City of Anaheim, State of California, and federal procedures, policies, and regulations.
Existing Public Art Pieces At Time Of Guidelines Adoption Existing public art pieces on City-owned property should be evaluated using the accession criteria to ensure that it is appropriate for the City to continue owning and maintaining the artwork. If it does not meet the accession criteria, then the piece will not be accessioned into the Anaheim Public Art Collection.
Public Art Guidelines
17 Public Art Program Update
What is the Public Art Program Update?
The Public Art Program Update is a document that outlines in-process projects, and projects will be initiated in the coming fiscal year(s). The Program Update is one of the most crucial elements of the Public Art Program. It creates a roadmap and allows for the input of community members, elected officials, and others who care deeply about public art in Anaheim.
The Public Art Coordinator will develop the Update in consultation with staff, the Interdepartmental Public Art Coordination Committee, and the Public Art Advisory Committee and submit it to the City Council as part of the budget for review and approval.
The following steps will be taken to develop the Public Art Program Update:
1. Work with City Departments to determine the availability of funds for the upcoming year(s).
2. Identify projects to be paid for by identified funding, including acquisition and maintenance.
3. Develop a draft Public Art Program Update that will include locations, goals, and budgets for public art projects and programs for staff review.
4. Present the Update to City Council as part of the City budget approval.
5. Integrate feedback from City Council to determine the final Program Update.
6. Report on the use of funds collected to support the Public Art Program to and increase the amount of art in the City that is available to the public.
Public Art Guidelines
18 Use of Funds
Funding for the Anaheim Public Art Program may come from:
● the Public Art Fund, as outlined in section 17.37.030 of the Anaheim Municipal Code; ● the City’s Capital Improvement Budget;
● grants and/or contributions from private entities;
● other public agencies;
● philanthropic sources; or
● through other sources as deemed appropriate by the City.
Uses of Funds
The public art funds may be spent for:
● Calls for Entry, RFQ’s/RFP’s, concept designs, maquettes, juror stipends, and other costs related to competitions and Commissions
● Artist fees including travel stipends and expenses related to travel; ● Artwork fabrication and installation;
● Site preparation and cleanup;
● Acquisition of existing works of art;
● Relocation of existing or Commissioned works of art;
● Required permits and insurance during the fabrication and installation of the artwork; ● Informational/promotional materials and public events directly related to the artwork; ● Required equipment needed for installation;
● Artwork appraisal;
● Staffing and services of an Arts Administrator;
● Curators and contracted services.
The public art funds may not be spent for:
● Mass-produced work, with the exception of limited editions controlled by the artist. ● Professional graphics, unless designed or executed by an artist or used in the development of collateral material.
● Decorative, ornamental or functional elements that are designed by a project’s architect or other designer.
● Routine maintenance, conservation, repair, or restoration, exceeding more than 10% of the annual budget.
● Purchase of existing works of art outside of the selection process.
Public Art Guidelines
19 Public Art Acquisition
These procedures establish the practices for acquiring artworks. The procedure creates a thorough and transparent process for acquiring artwork and favors open-ended selection processes to ensure artistic excellence in the City’s Collection.
Selecting the artist is one of the most critical steps in commissioning public art. An open, equitable, competitive process that inspires the artist and engages the community can be an enriching experience and lead to more creative and exciting public art. The Coordinator will work with the Public Art Advisory Committee to determine the appropriate method for commissioning new artwork for each Public Art Program project.
Goals of the Selection Process
● To satisfy the goals of the project site through an appropriate artist selection. ● To further the mission and goals of the Public Art Program. ● To select an artist or artists whose existing public artworks or past collaborative design efforts have demonstrated a level of quality and integrity. ● To identify an approach to public art suitable to the goals and demands of the particular project.
● To select an artist or artists who will best respond to the distinctive characteristics of the site and the community it serves.
● To select an artist or artists who can work successfully as members of an overall project design team.
● To ensure that the selection process represents and considers the interests of all parties concerned, including the public.
● To ensure, on average, the demographics of the artists and selection committees are reflective of Anaheim’s population, on average.
Conflict of Interest
Committee members will declare any and all conflicts of interest for all projects and artwork under consideration at the beginning of their meetings. A conflict of interest exists if a committee member, an organization the committee member is associated with as a staff or board member, or a committee member’s family member, has the potential to gain financially from the project under consideration by the Commission. In order to promote public confidence in this process, a committee member may also declare a conflict if they think there may be a perception that they have a conflict. Potential conflicts should be submitted in writing to the City Manager. If it is determined by the City Manager that a conflict exists, the committee member must resign from the selection committee.
Public Art Guidelines
20 Artist Selection Methods for Acquiring Existing Artwork Competitions
In competitions, the City may put out an open call to artists for a possible inclusion in an exhibition at a predetermined site. The competition, which may or may not take the form of a temporary exhibit may feature existing artworks. Each selected artist may receive a stipend and the City may purchase one or more pieces of artwork at the conclusion of the exhibit to be placed in public locations around Anaheim. All calls for artists will be advertised on the City of Anaheim’s website, appropriate procurement site.
Direct Selection
On occasion, artists may be chosen directly by the Artist Selection Committee. Direct selection may be useful on projects where an urgent timeline, low budget, or where precise project requirements exist. This list of artists could come from a pre-qualified list. Approval for this method should be in accordance with the City of Anaheim’s purchasing procedures.
City staff should refer to City of Anaheim Administrative Regulations City staff should refer to City of Anaheim Administrative Regulations Section 330, prior to finalizing the accession process, as proposed donations may require City Council acceptance.
Direct Purchase
Some projects require the purchase of a specific artwork due to the exacting nature of the project or a minimal project timeline. In this case, the work must be “one-of-a-kind” and not mass-produced or off the shelf. This list of artists could come from a pre-qualified list.
Approval for this method should be in accordance with the City of Anaheim’s purchasing procedures. City staff should refer to City of Anaheim Administrative Regulations City staff should refer to City of Anaheim Administrative Regulations Section 330, prior to finalizing the accession process, as proposed donations may require City Council acceptance.
Artist Selection Methods for Commissioning New Artwork
Open Competition
In an Open Competition, any artist may submit their qualifications or proposal, subject to any requirements established by the Artist Selection Committee. The Requests for Qualifications (RFQs) or Requests for Proposals (RFPs) should be sufficiently detailed to permit artists to determine whether their art is appropriate for consideration. Open Competition allows for the broadest range of possibilities for a site and brings in new, otherwise unknown, and emerging artists.
Limited or Invitational Competition
In a Limited Competition or Invitational, several pre-selected artists are invited by the Artist Selection Committee to submit their qualifications and/or proposals. This method may be appropriate when the City is looking for a small group of experienced artists, a limited time Public Art Guidelines
21 frame, or if the project requirements are so specialized that only a limited number of already identified artists would be eligible. This list of artists could come from a pre-qualified list.
Direct Selection
On occasion, artists may be chosen directly by the Artist Selection Committee. Direct selection may be useful on projects where an urgent timeline, low budget, or where precise project requirements exist. This list of artists could come from a pre-qualified list. Approval for this method should be in accordance with the City of Anaheim’s purchasing procedures.
City staff should refer to City of Anaheim Administrative Regulations City staff should refer to City of Anaheim Administrative Regulations Section 330, prior to finalizing the accession process, as proposed donations may require City Council acceptance.
Direct Purchase
Some projects require the purchase of a specific artwork due to the exacting nature of the project or a minimal project timeline. In this case, the work must be “one-of-a-kind” and not mass-produced or off the shelf. This list of artists could come from a pre-qualified list.
Approval for this method should be in accordance with the City of Anaheim’s purchasing procedures. City staff should refer to City of Anaheim Administrative Regulations City staff should refer to City of Anaheim Administrative Regulations Section 330, prior to finalizing the accession process, as proposed donations may require City Council acceptance.
Artist Services Procurement
Design Team Member
In some instances, the City may use a targeted process to select an artist as part of a larger project design team. Language would be added to the project Request for Qualifications/Request for Proposals specifying that all teams responding to the RFQ/RFP must include a professional artist from a pre-qualified list as described in the section below.
Given the nature of the project, a design team responding to an RFQ/RFP may be asked to identify an artist as part of the team based upon criteria established by the City in the RFQ/RFP. In this case, the Coordinator will represent the Public Art Program as part of the selection committee for the design team.
Pre-Qualified Artist Lists
The City may decide to develop a pre-qualified pool of artists from which it can choose artists for Limited Competition, Direct Selection, and Direct Purchase. This pool would be developed based on a comprehensive review of artist qualifications. This list could be updated annually or bi-annually, depending on the frequency of new projects. Any pre- qualified artist list is not the same as, nor is a substitute for, the Anaheim Mural Program Artist Register.
Public Art Guidelines
22 Artist Selection Process for Artwork Acquisition (Existing Artwork and Newly-Commissioned Art)
Once an Artist Selection method is determined, a selection process will be established. A jury of recognized experts will make recommendations for selected artists to create site- specific artwork or will make recommendations for artwork chosen to be exhibited.
If the budget for a single piece of artwork is $50,000 or more, a selection panel must be formed. If the budget for a single piece of artwork is less than $50,000, the Public Art Advisory Committee will act as the selection committee.
Purpose and Responsibilities
The artist selection process will interpret and review the artist’s proposals based on the selection criteria.
The goals of the selection process are as follows:
● To satisfy the goals of a specific project or site through an appropriate artist selection.
● To further the mission and goals of the Public Art Program. ● To select an artist or artists whose existing public artworks or past collaborative design efforts have demonstrated a level of quality and integrity. ● To identify an approach to public art suitable to the goals and demands of the particular project.
● To select an artist or artists who will best respond to the distinctive characteristics of the site and the community it serves.
● To select an artist or artists who can work successfully as members of an overall project design team.
● To ensure that the selection process represents and considers the interests of all parties concerned, including the public, the arts community, and the City department(s) involved.
Artist Selection Committee
Membership of Selection Committees
Membership will be recommended by the Coordinator. The members of the selection panel (panelists) will be representative of the community demographic and will consist of at least five (5) but no more than nine (9) members from the list below:
● Members of the Public Art Advisory Committee;
● Artist or arts administrator;
● Design professionals;
● City of Anaheim project manager who may appoint the project architect or project landscape architect in their stead;
● A member of the project steering committee if one has been appointed; and Public Art Guidelines
23 ● Community or neighborhood representative.
Artist Selection Committee Conflict of Interest
Artist Selection Committee members will declare any conflicts of interest for all projects and artwork under consideration at the beginning of their meetings. A conflict of interest exists if a committee member, an organization the committee member is associated with as a staff or board member, or a committee member’s family member can gain financially from the project under consideration by the Artist Selection Committee. In order to promote public confidence in this process, a committee member may also declare a conflict if they think there may be a perception that they have a conflict. If a committee member has a conflict, he/she must not participate in the Artist Selection Committee’s discussion or decision regarding the project. They must also refrain from discussion about the project and from influencing fellow committee members.
Procedures
During an artist selection process, Artist Selection Committee members will not submit applications for the placement of their own artwork and/or projects. City Staff and Public Art Advisory Committee Members can invite artists to participate but must refrain from giving advice to applicants or answering their questions and direct such questions to the Coordinator during the selection process. The Cultural and Heritage Commission must solicit public comment for all pieces of public art commissioned or purchased for over $50,000. An opportunity for public comment must be given before a formal vote. A formal vote recommending the selection to the City of Anaheim City Council must be recorded in keeping with the City of Anaheim public record requirements.
Purchasing Procedures
Pursuant to City of Anaheim Council Policies 4.0, if the purchase of an existing artwork, or the award of a contract for a newly commissioned artwork exceeds $100,000, then the Public Art Advisory Committee must recommend the artwork for purchase to the City Council prior to approval of the contract.
Project Implementation Process for Site- Specific Artworks Upon the decision of the Artist Selection Committee, and with the assistance of the City Attorney’s Office, the Coordinator will prepare a contract that includes the scope of work, fee, schedule, and relevant terms and conditions to be approved by the City and artist.
The City will follow the City’s process for contracting required by law. For some projects, the contract with the artist may be phased to include two scopes of work with separate pay schedules and deliverables. The first phase would include all design documentation, including final design, stamped engineering drawings, installation details, and a revised Public Art Guidelines
24 fabrication budget and timeline. The second phase would include all costs related to fabrication and installation.
The Coordinator will ensure all documents are signed and insurance coverage secured before issuing a notice to proceed and will be responsible for coordinating the artist’s work to ensure the successful integration of the artwork into the project. The Coordinator will organize a meeting with all integral staff to review roles, responsibilities, and schedules.
If specified in the contract, the artist will develop design development drawings for review and approval from the City before fabrication. The Coordinator will schedule meetings with the appropriate offices to review and approve the plans.
If the artist proposes any significant design changes, the Coordinator will secure the recommendation for approval from the Public Art Advisory Committee and the appropriate departments of the City before approving said changes in writing, per the terms and conditions of the contract.
If the parties are unable to reach mutually beneficial contract terms, then the contract process will be terminated.
The Coordinator will be responsible for overseeing the installation of the artwork. The Coordinator will ensure that all the necessary requirements have been completed before interim and final invoice payments to the artist.
Maintenance Plan
Understanding maintenance and care of public art begins before an artwork is created.
During the design phase or when a donation is initiated, the City, artist, or sponsor will review and analyze their design proposal and advise on maintenance and operations of the artwork. It is best practice and highly recommended that an art conservator is contracted to give a report on the proposed artwork.
On behalf of the City, the artist, sponsor, or the appropriate party will submit a Maintenance Plan to the City of Anaheim, who will review and then catalog any tasks associated with maintenance of the artwork.
The Maintenance Plan will enable the City to:
● Evaluate the quality and sustainability of the proposed or existing public artwork; ● Establish maintenance requirements, assign schedules, and identify potential costs; and
● Determine if the City of Anaheim should accept or decline the design proposal and/or public artwork.
Public Art Guidelines
25 To produce the Maintenance Plan, the artist should examine and render an opinion on the following:
● Durability;
● Type and integrity of materials;
● Construction/fabrication technique;
● Internal supports, anchoring and joining, and footings; ● Landscaping;
● Vulnerable and delicate elements;
● Drainage of artwork;
● Potentially dangerous elements;
● Security;
● Location;
● Environment;
● Whether the design encourages/discourages interaction; and ● Effects of skateboarding, graffiti, and any other potentially damaging activities.
The Maintenance Plan will include:
● A record of the artist’s intentions for the artwork;
● Recommendations to mitigate potential problems discovered during the examination; ● Notes about how the artist would like the artwork to age; ● An itemization of long-range considerations and care, highlighting maintenance and the anticipated needs for periodic conservation treatment or repairs; and ● Identification of the lifespan of the artwork and a prognosis of its durability in consideration of that lifespan.
The artwork may also be identified as site-integrated, or part of the site and/or the architecture, as appropriate and will fall into the long-term lifespan category above.
Anaheim Mural Program (Private Property) Permitting Process and Regulations
Murals play an important role in Anaheim’s past and present. The City of Anaheim has a long tradition of mural placement on private property and encourages this and other forms of creative community expression. Murals provide an opportunity to transform blank walls into vibrant spaces. Murals can celebrate a place’s history, tell memorable stories of residents, and be a source of beauty. Murals are a relatively quick and highly impactful way to bring public art into a city’s built environment. The Mural Program regulates privately- commissioned murals visible to public property or public rights-of-way and is implemented through the issuance of Mural Permits pursuant to AMC Section 18.62.130.
The Mural Program does not apply to the following:
● Public art and murals funded by the City of Anaheim or public art funds. These are governed by the “Acquisition” chapter in the Guidelines; Public Art Guidelines
26 ● Privately-commissioned public art and murals not visible to public property or public rights-of way. These are governed solely by AMC Title 18 (Zoning Code); and ● Public art and murals on property where said use is not permitted pursuant to AMC Title 18 (Zoning Code).
The Anaheim Mural Program and the issuance of Mural Permit is facilitated by the Interdepartmental Public Art Coordination Committee, as designated by the City Manager pursuant to AMC Chapter 17.37. The Anaheim Mural Program application is a binding contract between the applicant and the City of Anaheim.
Anaheim Mural Permit Submittal Components
The Mural Permit requires submission to the Planning and Building Department of the following documents constituting the “Permit Package”, which are described in detail in the subsequent sections.
1. Application
2. Private Property Acknowledgement Form
3. Encroachment Form
4. Permit Application for Occupying Public Right-of-Way (during installation)
5. Artist Copyright and License Waiver
Application
Incomplete applications will not be considered for review. A non-refundable application fee as set by City Council Resolution is required to be paid at the time of application. The Application shall be on a form approved by the Planning and Building Director and shall include provision of the following:
1. Property address and profile
2. Contact person identity and profile (applicant)
3. Contact information of property owner
4. Artist identity (artist as named on the Anaheim Mural Program Register)
5. Budget and funding sources
6. Proposed Mural information:
a. Title, dimensions, medium
b. Description
c. Project goals/vision, audience, outreach efforts, engagement, etc. d. Full color rendering/sketch of the proposed design
e. Site images
7. Maintenance information
a. Monthly, quarterly, yearly
b. Complete list of materials that will be used to create the mural, and product names/identification, if available
c. Description of maintenance provider qualifications/skills Public Art Guidelines
27 8. Installation and deinstallation plans including:
a. Proposed installation schedule
b. Surface preparation process
c. images of existing site and physical surroundings
d. installation and deinstallation equipment required
e. qualifications and profile of installation and deinstallation crew/personnel other than the Artist, if necessary, based on project scope Private Property Acknowledgement Form
Private Property Acknowledgement Form confirms the property owner’s knowledge of the existence of the mural and will be signed by the property owner and notarized.
The property owner agrees to the following parameters, which must be met to place a mural on private property:
1. Permits for murals on private property are allowable for up to five years from installation. At the discretion of the property owner, an extension of the mural Permit may be granted, upon City review of the condition of the mural at the time of the request. Requests for extension shall be filed with the Planning and Building Department prior to Permit expiration.
2. No part of the mural shall exceed the structure to which it is affixed.
3. No part of the mural shall extend more than 6 inches from the plane of the wall upon which it is affixed.
4. No part of the mural contains electrical or mechanical components or changing images.
5. No part of the mural contains a commercial message in text or images.
6. Murals on private property must have an anti-graffiti coat applied to the surface to abate graffiti and vandalism.
Mural Encroachment Form
The property owner must sign a form stating that the owner will not paint over, destroy, cover, or alter the mural for the duration of the agreement. Agreements typically last for a minimum of 5 years but may be shorter or longer depending on the project. This form is submitted as part of the Anaheim Mural Program application process.
Right of Way Construction Permit and Encroachment Permit Application for Occupying Public Right of Way
A Right of Way Construction Permit and/or an Encroachment Permit may be required if the scope of public art or mural installation requires temporary occupation of the public right-of-way during installation, pursuant to those requirements contained Anaheim Municipal Code Chapters 12.02 and 12.12.
Public Art Guidelines
28 Artist Copyright License and Waiver
Applicants will select an artist from the Anaheim Mural Program Artist Register (described below). The artist selected by the applicant to propose a design for a must sign the Artist Copyright License and Waiver, which establishes image uses and copyright, and waives the artist’s VARA rights (Visual Artists Rights Act of 1990 (17 U.S.C.§ 106A).
Anaheim Mural Program Permit Design Considerations and Standards The City of Anaheim Interdepartmental Public Art Coordination Committee reviews mural proposals according to the following Design Considerations and Standards. Decisions of the Interdepartmental Public Art Coordination Committee are final within 10 days unless appealed to the City Council.
Design Considerations
While not relating to content, some design considerations will help ensure a successful, high impact project. Private Property Owners and Artists are encouraged to consider the following when creating a mural concept:
1. Scale - Who will be the intended viewer or audience? A mural intended for pedestrians may be of a different scale than one intended for automobile drivers or cyclists along a bike trail.
2. Accessibility - Are there opportunities to engage those who are visually impaired or otherwise not able to view the mural?
3. Maintenance - What are the long term maintenance implications of the design? Is it easily repairable?
4. Experiential Elements - Is there a potential for additional elements that could be added to enhance the experience of the viewer such as virtual (VR) or augmented (AR) reality elements, audio elements either on site or online, Instagram or social media interactions or other opportunities?
5. Historic Preservation - Is this mural intended for a historic building or structure? If so, painting unpainted finished masonry is generally considered an inappropriate treatment. Explore other options such as painted panels or applied vinyl. Murals proposed for placement on historic buildings or structures shall be subject to applicable additional review depending on the proposed project scope.
Public Art Guidelines
29 Standards
Though there may be positive benefits for a property owner as a result of the creation of a mural on their building, there must be no direct correlation between the content of the mural and the property or any business conducted on the property.
This Anaheim Mural Program intends to support artistic expression, and proposals containing content that is inappropriate and/or indecent by community standards may not be approved.
1. Murals shall be an original artwork designed and implemented by an artist from the Anaheim Mural Program Artist Register. A proposed artist from the Anaheim Mural Program Register must be identified in the application.
2. Mural Applications are reviewed using the following criteria:
a. Strength of the concept and appropriateness of the imagery for all ages. b. Appropriateness of scale to the surrounding environment including the facade on the building in which it is placed, as applicable.
c. Absence of commercial signage elements.
d. Public safety and compliance with local laws and regulations. e. Selection of an artist able to execute the proposed public art or mural. f. Demonstrated ability to complete and maintain the mural for the entire life of the permit, and a documented understanding of the proposed surface’s ability to receive the proposed materials.
3. All Public Mural proposals containing any written text and/or signage elements, as defined in the City of Anaheim’s Municipal Code in Section 18.44.030.290, may be subject to an additional review process through the Planning & Building Department.
4. Mural installation must begin within one year of the approval of the application. If the project is unable to be completed within the allocated time frame, the application will be considered void.
5. All murals are subject to ongoing conservation and maintenance activities.
6. The City reserves the right to reject any application if it presents a public safety risk or potential liability issues.
7. Incomplete applications will not be reviewed.
Mural Application Review
The Interdepartmental Public Art Coordination Committee reviews and approves or denies Mural Permit following the review process outlined below applications for the Anaheim Mural Program:
1. Permit Package provided to the Planning and Building Department, Planning Services Division with payment of the current fee.
Public Art Guidelines
30 2. Permit Package routed to the Community Services Department for review by Public Art Coordinator for completeness.
3. Complete Permit Package routed for review by the Interdepartmental Public Art Coordination Committee.
4. Interdepartmental Public Art Coordination Committee sends Decision to Planning Services Division
5. Planning Services Division notifies applicant of decision and 10-day appeal period to City Council by letter and publicly posts decision.
Anaheim Mural Program Artist Register
The Interdepartmental Public Art Coordination Committee reviews applications for the Anaheim Mural Program Artist Register and approves or denies applications for inclusion on the Register. Any individual, business, or property owner requesting a Mural Permit will select an artist from the Register. The Register is a publicly accessible roster of local artists or artist groups who have been pre-qualified by the City of Anaheim to create murals under the Anaheim Mural Program. Artists who wish to be included on the Artist Register may register their profile with the City of Anaheim. The process for registration is as follows:
1. Artists complete an application from the City of Anaheim addressing the following:
a. Name
b. Address (must be an Anaheim address and zip code)
c. Phone number
d. Email
e. Optional: Social Media identity
f. Optional: Website
g. Identification of artistic style/practice
h. Submission of resume/curriculum vitae
i. Contact information for at least three professional references
2. The application is routed to the Public Art Coordinator for review of completed materials. Incomplete applications will not be considered for review.
3. Applications will be routed to the Interdepartmental Public Art Coordination Committee for review. Applicants will be evaluated on the following criteria:
a. Excellence in Artistic Practice: The applicant demonstrates a robust, impactful portfolio. There is evidence of strength in their professional presence through a compelling representation of exhibitions and public art commissions.
b. Technical Feasibility: The artist must provide convincing evidence of his or her ability to complete the artwork as proposed, as demonstrated through their understanding of mural painting materials, surfaces, and best practices. c. Past Performance: Demonstrated successful performance under previous contracts including success in meeting established timelines and budgets.
Public Art Guidelines
31 4. Upon acceptable review of artist qualifications, the artists will be notified and their information will be added to the Register.
Artists may reapply an unlimited number of times until they are approved to be added to the Register, but they may not apply more than once every 12 months. Once accepted for inclusion on the Register, artists may remain on the Register for 5 years. After 5 years, artists must reapply for inclusion on the Register. Artists must be registered with the Anaheim Mural Program Artist Register before they install any murals in the City. Application for the Register is free to artists, and there is no cost to remain on the Register once approved.
Existing Privately-Commissioned Murals on Private Property Visible to Public Property or Public Rights-of-Way (“Legacy or Murals”)
Any mural on private property and visible to public property or public right-of-way installed prior to the effective date of these Guidelines for which a land use entitlement such as a Minor Conditional Use Permit or Conditional Use Permit has not been obtained may continue as a nonconforming use for a period of five years from the effective date of the Guidelines so long as it and/or the surface or property on which it is located is maintained such that it is not a public nuisance or otherwise creating a public safety issue. Legacy Murals may be expanded, modified and/or have the lifespan extended only in compliance with an approved Mural Permit.
Acquisition of Privately-Commissioned Murals on Private Property, either in the Public Right-of-Way or Not in the Public Right-of-Way Acquisition If any privately-owned and/or privately-commissioned mural on private property has been proposed for City acquisition into the Public Art Collection, then the mural in question must be reviewed for acquisition according to the procedures set forth in the “Acquisition” chapter of this Public Art Guidelines document. As mentioned above, privately-owned and/or privately-commissioned murals on private property are not automatically accessioned into the Public Art Collection of the City of Anaheim.
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