HomeMy WebLinkAboutNB-1 - 26-214 - 3. Art in Public Places Report - 5/5/2026Prepared by
ATTACHMENT 3
Table of Contents Appendix
04 Executive Summary
05 Public Art Goals and Objectives
06 Public Art Recommendations
Criteria for the Siting of Public Art
Temporary vs. Permanent Public Art, Definitions and Distinctions
Public Art Commissioning Process
Public Art Collection Management
Contracting
Murals
Public Art Donations
Criteria for Acceptance of Public Art Donations
De-accession of Public Art
Public Art and Development Mandates in Orange County
Inclusion of Public Art in Public Works Development Projects
Inclusion of Public Art in Private Development Projects
Budgeting for Public Art Projects
Funding Mechanisms for Public Art Projects
Imaginative Design in Functional Elements
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11
14
20
22
28
36
42
44
46
48
50
60
62
66
78 About the Consultant
80 Orange County Cities with Public Art
Requirements & Programs
81 Orange County Public Artworks by City
82 Inventory of Public Artworks in
the City of Costa Mesa
91 Sample Public Art in private
development definitions and
eligibilities from other Municipalities
Sample Public Art Contracts
County of Los Angeles Artist Services Agreement
City of Los Angeles Personal Services Agreement
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92
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The Ram by Charles O. Perry
Images throughout this report are selections from Public Art in Costa Mesa
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EXECUTIVE SUMMARY
INTRODUCTION THIS REPORT
The Vision of the Plan stated:
The City of Costa Mesa rededicates itself to the distinction of being a “City of the Arts,”
a place where:
Creativity and creative people can flourish
Imagination, inspiration and innovation are held in high regard
The arts are agreed to be essential to everyone’s education
Arts and culture enrich lives and uplift the human spirit
Arts and culture promote civic pride
In 2022, the City implemented two important recommendations from the Arts & Culture
Master Plan:
Hiring an Arts Specialist
Creating an Arts Commission
Also in 2022, the City determined that it wished to take steps toward fulfilling Goal #2
of the Plan:
Expand Public Art throughout the City, both indoor and outdoor,
through donation, loan and purchase
Because the City has no policy or procedure for acquiring and displaying Public Art, it
engaged Arts Orange County in June 2022 to prepare and present its recommendations.
The purpose of the consultancy was to recommend formal policy guidelines and procedures
for the Art in Public Places program based on industry best practices that incorporate existing
policies and any recommended policy updates and cover the following elements:
Establish purpose, goals and objectives for citywide Public Art Policy that ties into and
utilizes data from relevant stakeholders collected from the Arts & Culture Master Plan;
Criteria for the siting of Public Art projects;
Definitions and distinctions between Temporary and Permanent Public Art projects;
Distinctive policies and procedures between Temporary and Permanent Public Art projects
which should include the current Utility Art Box Program, permit processes for murals on
private property as part of temporary Public Art processes and a general process by which
artists are commissioned and selected for temporary and permanent Public Art;
Guidelines for inclusion of Public Art in public and private development projects;
Policies for the management of commissioned art projects including, but not limited
to, City/artist/stakeholder roles and responsibilities, contracting requirements, and any
applicable regulatory requirements;
Standards for maintenance plan and managing Public Art inventory;
Develop funding considerations and or plan;
Policies for acceptance of donated/gifted artwork;
Policies and procedures for deaccession of artwork;
Process for incorporating imaginative design in all of the City’s functional elements and
fixtures: streetlights, playground equipment, fitness stations, bus shelters and benches;
Comparison and or case study of comparable Public Art polices in other Orange County
cities.
In 2022, the City’s newly-appointed Arts Specialist immediately sought to address the lack of
a written policy for the City’s existing temporary Public Art program (established in 2015) by
preparing a Draft Utility Art Box Program Handbook. The consultant’s scope of work included
reviewing that Draft Handbook and recommending revisions.
In 2017, the Costa Mesa City Council approved unanimously the development of the City’s first
Arts & Culture Master Plan. This initiative signaled the Council’s belief that the time had come
to appraise the value of the City’s cultural resources, to identify what strengths and weaknesses
those who live, work or visit here feel exist in the local cultural landscape, and to envision ways
that the City can support and advance arts and culture in Costa Mesa. Arts Orange County, the
County’s nonprofit arts agency, was engaged as consultant for the project. On March 16, 2021,
the City Council approved the Arts & Culture Master Plan.
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City of Costa Mesa Public
Art Recommendations
The information and recommendations in this report are offered to support a
program offering opportunities for artists and serve the community through varied
approaches and perspectives. The adoption of any and all recommendations are
at the City’s sole discretion, and any modifications to current ordinances, policies
and procedures should only be made under further guidance from the City
Attorney and are subject to final approval of the Costa Mesa Arts Commission
and the City Council.Thalo Sun by Gabriella Kohr
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Criteria for the Siting of Public Art
The commissioning of Public Art can have a significant effect on a location as an environmental
enhancement, source of pride, and place maker. Public Art can reflect and highlight the culture,
history, goals, and/or values of a community.
In order to ensure the artwork achieves the highest level of positive impact, care must be taken
in the selection of locations. This should include consideration of thematic and aesthetic
appropriateness, audience, community and cultural equity, and public access. Conditions
affecting ongoing maintenance and use of materials are also important in ensuring the long
life of an artwork for the enjoyment of the community.
The following are questions to consider when contemplating a location and the overall
commissioning of Public Art. The questions and criteria offered are intended to be flexible and
allow for individual case by case commissions to be established using best practices in the
field.
Costa Mesa City Hall and other public locations with high pedestrian traffic, such as the
Costa Mesa Donald Dungan Library and Lions Park, are visible and natural sites for Public Art
placement. Public Art in these locations can become iconic markers reflecting the importance
of the work of the government or community amenities in these locations.
That being said, when considering the development of a Public Art collection, it is recommended
that the City also look at smaller community gathering, or pedestrian centers spread throughout
the municipality to ensure an equitable distribution of cultural assets across the City. Varying
the size and types of projects within a City collection will result in balancing a range of large
highly visible artworks with equally impactful intimate and midsize artworks that can enliven
smaller parks or facilities.
Before settling on a specific location and format for an artwork, the commissioning body
should establish the goals and concepts the work should encompass. While the following are
not mutually exclusive, within a project one aspect may form the overriding purpose in the
establishment of a Public Art project. Questions to consider and possibilities include:
Are there high levels of pedestrian traffic? Is there a specific purpose for the artwork in
relation to celebrating the community’s history, services, culture, or heroes? If so, will a
specific location (or locations) resonate more than others with this purpose?
Is the artwork intended to enhance the aesthetics of a location and bring a moment of
visual respite to a viewer’s day? Are there locations that can particularly benefit from this
intervention?
Is the goal to bring an arts experience to a site for the sake of establishing an uplifting
cultural moment? Are there locations with many pedestrians that can benefit from this
intercession?
Is there an equitable distribution of artwork in the community? How will an artwork location
balance the entirety of the Public Art offerings in the city?
While it is tempting to consider free-standing sculpture as the norm when evaluating the
placement and commissioning of Public Art, artwork can take many forms from artist designed
functional objects or artwork integrated into architecture, to stand-alone artistic expressions
enhancing single or multiple areas within a project site.
On-site locations for Public Art projects include, but are not limited to, walls, floors, ceilings,
windows, exterior facades, stairways, rooftops and patios. Locations can encompass parks,
plazas, civic centers, roadway medians, traffic islands, and bridges among other possibilities.
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If funding for the artwork is attached to a particular site relating to a capital improvement
development or other Public Works opportunity, site considerations within the development
should include public access hours and visibility. If the site has a history of vandalism, the
height or accessibility of the artwork siting if placed on the building structure or monitored
locations such as lobbies or interior welcome areas should be contemplated.
Other considerations after a general location such as a specific park or municipal facility are
selected, and the opportunity is under discussion include:
Is the artwork placement in a well-traveled area visible during regular working hours?
Will the artwork block windows or entryways?
Is the placement accessible for required maintenance?
Will normal pedestrian pathways remain unobstructed?
Will the scale of the artwork be appropriate to the environment (surrounding architecture,
signage etc.)?
Because of the almost unlimited options for placement and the form Public Art can take, the
City should invite artists to visit the selected location if it is a preexisting site, or view plans in
an early stage of development to allow the artist to bring their creativity and concepts to bear.
This can result in fresh and unique perspectives in site placement within the location and the
formation of the artwork project.
TEMPORARY VS. PERMANENT PUBLIC ART,
DEFINITIONS AND DISTINCTIONS
There are many commonalities to the commissioning and placement of both temporary and
permanent Public Art, such as the need for the work to be appropriate the audience, reflect
the community’s values, be fabricated with safe, appropriate materials and methods, be
commissioned in an equitable fashion, be site-specific, be maintainable for the expected life of
the project, be visible and contribute to the site as a place-making enhancement, etc.
Permanent Public Art
Within the field, municipalities commonly designate that permanent artwork has a lifespan
expectation of a minimum of 25 to 30 years. This expectation leads to materials and methods
that have a track record of longevity such as metal, glass, concrete, terrazzo, stone, mosaic, tile
or other similar products. Because of the permanent nature of the work, artwork themes and
concepts have an expectation of being broader or more universal, so as to not become dated
in 10 or 15 years.
There are many reasons to pursue permanent Public Art projects. Permanent Public Art
programs commonly have funding tied to a percentage of the cost of construction for public
works projects. It is normal for a percentage or all the funding for these projects to be grants
from entities requiring the use of the funds to be restricted to capital improvements. Permanent
Public Art projects are generally eligible costs in this regard.
Permanent Public Art projects result in an artwork that will serve the community for many years
and will become a City asset that may increase in value through the years.
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Temporary Public Art
Temporary Public Art can range from an expected lifespan of a day for event connected work,
to months, to a limited number of years. Because of the transitory nature of the work, edgier
concepts, current affairs, and contemporary themes can be explored and experimental materials
and methods can be employed. Because of the flexibility of temporary artwork, smaller budgets
are generally needed, and sites can be activated with art to see how it is received prior to
consideration of a more expensive permanent piece being commissioned at the location.
Materials such as vinyl, paper, canvas, wood, found objects, etc. can be employed, leaving
a wide array of options for artists to consider. A temporary art program can also be a great
way to bring artists inexperienced with Public Art to the table to learn how to work within the
public sphere, complete contract milestones, and stay within time and budget. This is ideal as
a stepping stone for artists to break into Public Art, and encourages diversity and equity in the
field.
Advantages to temporary art include minimal or no required maintenance. When a Public Art
program cannot commit to the cost of maintenance for an artwork for the foreseeable future,
works of temporary art are an attractive choice. Temporary art also works well as a series of
art elements activating several locations along a pedestrian path within civic spaces or areas.
Temporary art projects often give communities a chance to become involved in Public Art
making, as they are often suitable to artist/community collaborations. This allows communities
to become actively involved in their creative environment. Local artists can be engaged, and
they can then gain experience and pursue other opportunities with larger budgets and greater
complexities.
Definitions
There can be some fluidity in the practice of commissioning permanent vs. temporary Public
Art, but as municipalities often have need for definitions to inform policies and practices, the
following are offered as recommendations:
Permanent Public Art:
Art in public spaces, created by an Artist and fabricated
with materials and methods with an expected lifespan
of twenty-five years or more.
Temporary Public Art:
Art in public spaces, created by an Artist which is designed
to be exhibited for a limited, articulated period of time, typically 5 years or less.
Artist:
A person who has established a reputation of artistic excellence in the fine arts, including but
not limited to visual, or performing arts, as judged by peers and experts in the field, through a
record of public exhibitions, performances, commissions, sale of works, recognition and/or
educational attainment. The qualified artist shall work primarily in the production of unique fine
art.
Food for the Soul by Brian Peterson and Damin Lujan
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Public Art
Commissioning
Process
The commissioning of Public Art is an exciting endeavor and can be the
final step in a long planning process involving numerous stakeholders
and location, budget, and other scoping considerations.
This report will break down the commissioning process into distinct
steps with a discussion and recommendations for each component.
However, there is flexibility to each process and variations are possible.
Scoping and Planning
Prior to the advertisement of a Public Art opportunity, there should be a
process for stakeholders to provide input as to the type of opportunity,
goals, and potential themes of the artwork. A discussion of the types
of questions to be considered have been offered in the “Criteria for the
Siting of Public Art” above.
Stakeholder groups and the type of advance engagement will change
depending on the type of project and the site under consideration.
Stakeholders can include representatives of departmental staff working
in the facility, local community members, special “friends” groups,
Commissioners, or other invested parties. Engagement can encompass
a public meeting letting the community know of the opportunity and
soliciting feedback on the type of themes that they find important to
convey in the artwork. However, this should not be construed as an
opportunity to dictate the imagery, design, or specific concept for the
artwork. Other ways to obtain feedback are through surveys or interactive
activities at City events.
This type of community engagement can be solidified once an artist is selected by requiring the
artist, as part of their scope of work, to incorporate an engagement process at an appropriate level
of interaction as fits their artistic process and the needs of the project. Community engagement
with the artist can involve feedback, identifying actual design elements for incorporation into the
final artwork, or simply engaging with community through a workshop to engender appreciation
for the artwork and offer a chance to meet the artist.
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Artist Selection
The identification of an artist should be conducted in an open transparent process. Best
practices as articulated by the Americans for the Arts and exhibited by the practices of
established programs at other municipalities recommend a two-step process of artist selection.
This process starts with the advertisement and issuance of a Request for Qualifications (RFQ)
wherein the project’s budget, parameters, artwork priorities and goals are articulated along with
the artist selection criteria, scoring breakdown, and expectations regarding the selected artist’s
experience, interest, and past work images.
The following is an example of the types of materials that may be requested from artists
responding to the RFQ:
1. Work Samples. Ten (10) images of artwork. Work samples should include the date
of completion, project budget, artist, client/agency (if applicable), medium, location (if
applicable), brief description of the project.
2. Artist Statement/Description of Work. 500 words (maximum) describing the themes,
inspiration and questions explored throughout your work, as well as the materials,
methods and techniques you use to create your work.
3. Resume/CV. 1-2 pages (maximum) outlining your professional art qualifications,
which may include previous projects, experience, education/training and other related
credentials.
4. Questions. Response to the following questions through written response:
a. Why are you interested in completing a project for XXXX (department/location/
etc./name of project)? 500 words (maximum).
b. How do you see your artistic practice or existing work aligning with the XXXX
(department/location/etc./name of project) artwork priorities and diverse
audiences? 500 words (maximum).
The following is an example of the types of selection criteria and scoring.
(Should be listed in the RFQ.)
Artists’ applications will be evaluated according to the following criteria listed below and
scored up to 100 points.
Criterion 1: Technical and Aesthetic Quality of Past Work (50% - Max 50 Points)
The applicant’s past works and creative practice as expressed through their images, artist
statement/description of work and resume/CV demonstrate a high level of aesthetic
quality and technical execution. The concepts reflect originality and evoke a response.
Criterion 2: Suitability For This Project (50% - Max 50 Points)
The applicant’s images, artist statement/description of work, resume/CV and answers to
the application questions demonstrate the applicant’s suitability for the artwork priorities
outlined in the RFQ.
The selection panel is key to the process. Other municipalities and the Americans for the Arts
recommend as best practice site- or project-specific selection panels with a diverse perspective
including experts in Public Art, site end-users, community, and professional project design
participation. In this configuration there is Arts Commission participation by 1 or 2 members
(who rotate among projects). A sample of the panel composition is as follows:
1 or 2 Arts Commissioners
1 or 2 Public Art professionals (can be curators, arts administrators, or experienced peer
Public Artists)
The Architect of the project (if applicable)
A representative of the City Department with oversight of the Public Art location (i.e. Police
Department or Parks & Community Services)
1 or 2 Community members at large with a link to the art location, such as “friends” or
other support group members
In this manner the artist selection has professional design expertise as well as provides a voice
to the groups that will experience the artwork daily. The inclusion of Public Art professionals
ensures a high design aesthetic and fabrication proficiency. In this configuration, there is a
stipend provided to the non-city employee (or non-Arts Commission) panelists for their service
ranging from $150-$300 per day.
The selection panel selects 3-4 Finalists from the review of the RFQ applicants based on the
stated criteria and submission materials.
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The next step is the second Request for Proposals (RFP) stage. Proposals are requested only
from the 3-4 Finalists. The artists should be provided with a list of expectations for the proposal
including a narrative of the concept, design sketches and drawings (in-situ if possible), with
dimensions and materials. The proposal should also include a preliminary budget, the fabrication
timeline and any installation considerations. Additionally, the proposals should include any type
of public engagement anticipated to be provided in tandem with the project. Artists should
be provided with the criteria for evaluation of the proposals with an indication of the scoring
breakdown based the stated criteria.
Artists are generally given 4-6 weeks to develop their proposal. In order to ensure all the
Finalists are provided with the same information, there should be a proposal meeting with all
the Finalists wherein the department staff from the relevant location will describe the activity,
services provided, and constituents using the site, as well as the goals of the project. If the
project is tied to a public works construction project, someone from the design team should
provide information regarding the site and any technical considerations. This is an opportunity
for all of the artists to hear the same information and ask questions.
It is important to note that it is a basic tenet within Public Art programs that professional artists
are paid for the development of proposals. Professional practices require that artists be paid
for their work, and the development of a proposal requires considerable research, time, and
effort. The amount of the proposal fee per artist finalist in large part is dependent on the project
budget and can range from $1,000 for a project budget of $100,000 or less, to $5,000 or more
for a project with a $1M budget or higher.
The selection panel meets a second time to review the proposals as presented by each artist
one-after-another, in an in-person meeting, wherein the selection panel can ask questions
directly. After all the artists have presented, the panel will deliberate, score the proposals, and
select the recommended artist and work.
Many municipalities allow for the selection panel (with its range of perspectives) to make
the final recommendation, with the full Arts Commission providing the final review of the
recommended work and issuing the final approval to ensure the selection is in accordance with
the safety, durability, and programmatic requirements. In this instance, the Arts Commission
reviews the final recommendation only and they do not compare it to other submissions.
If Costa Mesa decides the City Council has the final review and approval, as with the Arts
Commission they would review the panel recommended proposal only and not every final
submission. In this manner the panel’s wide range of perspectives are acknowledged. As the
full Arts Commission or City Council are not privy to the artist presentations and discussions, it
respects the panel process.
A variation to the above process is possible when community engagement is so vital to the
artwork design and development, that the City requires the design to be developed though an
intensive community process. In this scenario, it is not feasible for the design proposal to be
developed in advance of contracting with the Artist. This process would have a similar RFQ
process, but an important submission requirement to the RFQ would be a narrative about the
type of engagement process they envision to develop the design, their approach to design, with
an indication of their interest in the project, and a listing of previous projects they completed
wherein the community engagement was paramount to the artwork design process. Instead of
the second step incorporating a proposal review, the panel would interview the Finalists with
open ended questions to ascertain the community appropriateness of the artist’s process to
select the most appropriate artist for the commission. The contract with the artist in this case
includes design development and approval milestones.
Poderosas by Alicia Rojas, Camilo Romero and Santa Ana Community Artists
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Public Art
Collection
Management
Costa Mesa already has begun to build a collection of Public Artworks
though commissions and donations. As the permanent works are now
City assets, management of these works is paramount to ensure they
are well maintained and remain is good condition for future enjoyment
and to retain their value.
Roles and Responsibilities
Management of the works would ideally be the responsibility of a
designated Arts staff member and includes the oversight of a database
to track the artworks. The database should include artists information
including a biography, narrative from the artists describing the concepts
behind the work, artwork dimensions, budget, materials, methods of
fabrication, maintenance requirements and artist contact information,
and photos of the artwork. A digital file on the commissioning process
should be retained including proposal files, correspondence, budget and
final records, the selection panel, dedication event documentation a copy
of the agreement with the artist and any other applicable information
reflecting the commission process.
Additionally, a plaque should be placed at the site of the work with the
artist’s name, the title of the work, date, materials, and the department
to contact in case of maintenance needs.
Artist contact information should be retained, should there be need for unanticipated
maintenance or repair, artwork removal, or alteration.
The City should consider sharing their collection on the City website with images of the works
and their location. Some cities include a map of the City showing the artwork locations with
artist and artwork information.
Maintenance
The City of Costa Mesa is in the early stages of developing a Public Art collection. The single
most important aspect in ensuring the value of this asset is the regular maintenance of the
artworks. Regular maintenance will help avoid costly future repairs. As part of the artist’s
contracting process the city should require the artist to provide a professional art conservator’s
assessment of the materials and methods with recommendations for maintenance.
It is recommended that staff work with art conservators to monitor the condition of the artwork
in the collection and assess Public Art maintenance requirements and costs. The costs should
be allocated as part of the city budget process on an annual basis for this purpose.
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Contracting
When developing contracts with artists, it is important to keep in mind that art making and
standards within the art industry require unique considerations and understandings regarding
the scope of work, artist’s rights, copyright/use of image, milestones, payments, etc. within
the agreement. Standard municipal contracts for services rendered rarely have the needed
clauses, and sometimes contain clauses that are not recommended or applicable to art making
and artists’ practices.
This report is not intended to be interpreted as legal advice, but as a point of discussion to
advise the City of Costa Mesa on issues and concerns unique to artists’ contracting and to offer
examples of ways others address these concerns. Any decisions regarding the language to be
incorporated into contract templates should be made in tandem and with the approval of the
City of Costa Mesa City Attorney.
A copy of the agreement template for Artist Services used by the Los Angeles County Department
of Arts and Culture is provided as an example for consideration.
The following areas of contracting reflect where the City’s standard contract language is
recommended to reflect artwork specific standards and best practices.
Taco Mesa mural
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Artist’s Rights
Commissioning artwork for the City’s collection will result in the City obtaining ownership of
the artwork as an object, with all the associated rights and responsibilities. However, there is
more than one type of ownership to consider. While the City as the commissioning agent will
have ownership of a work of art as an object, this does not necessarily extend to ownership of
the image and copyrights as articulated in the federal Visual Artists Rights Act (VARA) or the
California Arts Preservation Act (CAPA).
These laws provide for a series of artists rights including the rights of authorship and rights
surrounding the removal, alteration, or destruction of artwork. There is a range of ways in which
municipalities address these rights.
Because of the risk of litigation associated with incorrectly destroying artwork in violation of
these laws, the handling of artist’s rights varies among agencies. For example, the Los Angeles
County Department of Arts and Culture expressly acknowledges and accepts artists’ copyright
by incorporating it into their Public Art policy, referencing it in artist agreements, and requiring
artists to register their works with the U.S. Copyright Office. Agencies such as the L.A. County
Metropolitan Transportation Agency (Metro) and the City of Los Angeles Department of Cultural
Affairs both require that artists waive their rights under CAPA and VARA while simultaneously
reinstating specific rights back into artists contracts.
The VARA and CAPA laws require that 90 days written notice be provided to an artist prior to the
removal, alteration, or destruction of an artist’s work. It is also understandable that an agency
would want the ability to remove an artwork immediately if issues of safety arise. As such, a
clause waiving the VARA and CAPA 90 day requirement can be considered. However, even when
the 90 day notice requirement is contractually waived, it is common for policies to be put into
place to provide good faith advance notice to artists where possible should this need occur.
While it is generally accepted in artist agreements that the agencies can freely depict artworks
for non-commercial educational or program promotional activity, activities resulting in
commercial gain from the depiction of an artist’s work (such as t-shirts, posters, or mugs)
should be negotiated with an artist independently.
Performance Bonds and Payment Milestones
It is common practice for municipalities to put a requirement for a Performance Bond in place
for construction projects in the unlikely occurrence that a contractor defaults on a project.
While this may be a practice that is tempting for use in artist’s contracts, it is unadvisable.
The performance bond industry is not tailored for artworks, the cost would be unwieldly to the
budget, and it is unlikely that a performance bond company would insure this type of project.
Untitled by Joshua Madrid
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The Americans for the Arts puts it this way:
“Performance bonds are intended to guarantee the satisfactory completion of work. If a contractor
is unable to finish a project, then a performance bond ensures that the work will be finished, usually
by hiring a third party to complete any missing or unsatisfactory work. These bonds are commonly
used in the construction industry and many cities’ public works departments require city contractors
to hold them.
However, performance bonds have little applicability to the commissioning of fine art. For one, most
commissions can only be completed by the artist who made the initial proposal, making the hiring
of a third-party a nonstarter. More over, most performance bonds are prohibitively expensive for
individual artists, and the desired objective (ensuring a satisfactory final project) is better achieved
through alternative actions, like withholding final payment on a contract.
The best practice is for the use of project milestones to be incorporated into the agreement with
a final payment left for the completion of services. A sample of this construction is as follows:
10 percent ($_______) upon Execution of the Contract.
30 percent ($_______) upon Acceptance of Final Design Drawings
and Issuance of the Notice to Proceed.
20 percent ($_______) upon Completion of 50% of Fabrication.
20 percent ($_______) upon Completion of 100% of Fabrication.
10 percent ($_______) upon Completion of Installation and Issuance
of Artwork Acceptance Notice.
10 percent ($_______) upon Completion of Project Close-out
including documents, photography etc.
Scope of Work
It is to the City’s advantage to provide a clear list of expectations in the contract through the
scope of work. The more specifically this is articulated, the less confusion there will be as to the
responsibilities of the City and Artist.
Areas to describe include the overall responsibilities of the City and Artist, and Artist specific
responsibilities related to design development, approvals, permitting, schedule, community
engagement, budget, fabrication, installation, and any closing documents required such as final
photography, artist narrative and biography, maintenance plan, etc.
1.
2.
3.
4.
5.
6.
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Murals
Murals have been embraced as a valued art form by a diverse array of cultures and communities,
providing an enlivening way to interject art to the street life of cities nationwide. They can celebrate
the culture, heroes, and history through abstract or figurative imagery or any number of approaches
conceivable. The possibilities are unlimited.
Painted murals are an art form with a rich history and deep appreciation. The expected vs. actual
lifespan is dependent on several factors, and realities can be vastly different from project plans. Murals
expected to remain intact for generations can come up against conditions requiring their removal
after a limited lifespan, and murals developed with a limited expectation of longevity can become
community icons intact for many years. The following is intended to provide guidelines to maintain a
collection of mural works in good condition for their lifespan.
Welcome Home by Shepard Fairey
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Murals
Commissioning
Process
Murals on City Property
Murals to be placed on City property can be commissioned though a
process similar to the commissioning of Public Art projects as described
in the section on Public Art commissioning in this report. However,
because of the unique needs of murals regarding their maintenance and
the unfortunate proclivity for them to be targets for graffiti vandalism,
it is recommended that murals commissioned for placement on City
property be required to have an anti-graffiti coating applied that is
maintainable by the City, and the mural is fabricated/painted on a well
prepared wall that has been assessed in advance by an art conservator
with murals expertise to confirm the suitability for the murals’ longevity,
and so they can provide recommendations for wall preparation and
materials.
The mural should be evaluated every five years to assess the condition
to evaluate if the artwork should be maintained or removed. If the mural
is in poor condition and the City does not have the resources for a
restoration, the applicable artist’s rights laws (VARA and CAPA) require
that artist be provided with 90 days advance notice of its removal. The
five-year review process and expected lifespan should be articulated in
the City’s agreement with the artist.
Generally, murals on public property are considered government speech
and, as a result, are not subject to the Free Speech Clause of the
First Amendment. Municipalities may regulate murals on City-owned
property to control the time, place and manner of its placement as well
as regulate the design and content of the mural itself.
Murals on Private Property
While it may be tempting for a municipality to regulate the design and content of murals on
private property, First Amendment rights of the property owner limit the oversight of mural
approval processes to regulations such as the mural lifespan, placement, size, materials and
methods, and process of permitting. These areas of oversight can still ensure that mural projects
are developed with the full awareness of the community, with technical and legal considerations
in relation to materials, maintenance, and artist’s rights, adhered to and understood.
Murals have also been the subject of controversies and legal battles in relation to First
Amendment rights and clashes over the ways in which fine art murals are sometimes treated
differently than commercial mural-sized signs or general signage.
As a result of these issues, which have now found resolution in cities such as the City of Los
Angeles and Portland, Oregon, guidelines can be recommended in relation to the development
of a murals ordinance for the City of Costa Mesa in consideration of these concerns.
The following are guidelines recommended to use in the development of an ordinance for the
placement of murals on private property. This assumes that the murals will be funded by the
property owner without city support.
It is important to note that as the mural permit requirements are design and content neutral, the
process of review and approval can be completed in a “counter permit” process by city staff by
qualified to confirm that the materials, manner, and processes follow requirements.
30 31
DEFINITIONS
An essential first step is the establishment of a mural definition to ensure that murals are
original, artistic expressions that are not confused with advertising or signage which is regulated
separately.
The following is recommended as a definition for this purpose:
Mural:
A one-of-a-kind original artwork created by a Mural Artist, or through a community engagement
process led by a Mural Artist that is fabricated directly upon an exterior wall of a building,
that is hand-painted or hand-tiled and does not contain commercial messaging. For definition
purposes, a commercial message is any text, image, logo, or other visual communication that
advertises or references a business conducted, services rendered, commercial enterprise, or
goods produced or sold on or off the premises.
Mural Artist:
A person who has established a reputation of artistic excellence in the visual arts, as judged
by peers and/or experts in the field, through a record of public exhibitions, performances,
commissions, sale of works, recognition and/or educational attainment. The qualified artist’s
creative output shall primarily consist of the production of unique fine art.
Requirements and Process:
The following are technical requirements designed to address the placement, scale, materials,
and maintenance needs of the mural. Maintenance is of the upmost importance to ensure
that murals do not deteriorate, become graffiti magnets, or cause blighted conditions. They
are offered as a manner to allow murals within the face of a building, within commercial or
business districts.
It is recommended that the City consider if the requirements for numbers 1-5 are in accordance
with Costa Mesa’s vision and if not, adjustments can be made as appropriate. Recommendations
for numbers 6-8 will ensure maintenance, artists rights and each artwork design are reviewed
and addressed.
Recommended Requirements
No part of a mural shall exceed the height or width of the structure to which it is tiled,
painted or affixed.
No part of a mural shall extend more than six (6) inches from the plane of the wall upon
which it is tiled, painted or affixed.
No mural shall be placed over the exterior surface of any building opening, including, but
not limited to, windows, doors, and vents.
Murals shall be placed on non-residential commercial or industrial property only.
Only one mural will be permitted per business location or structure.
A specialized anti-graffiti coating must be applied to the mural and maintained for the
life of the mural. Varnish, 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.
The property owner is required to maintain the mural in good condition and free of
vandalism. If the property owner is negligent in this regard after sufficient warning,
they can be issued a 120-day order to remove the artwork at their own cost. If removal
is ordered, the property owner is responsible for the proper 90-days written advance
notification to the artist as applicable by the federal Visual Artists Rights Act (VARA) and
the California Art Preservation Act (CAPA) laws.
Mural permits are valid for one image at a time. Property owners wishing to change the
mural design or replace it with another artwork must apply for a new permit.
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Recommended Process
The following processes allow for the mural designs to be reviewed by the community in
advance of its placement. This review cannot be considered an opportunity for the community
to veto the mural’s content or design, but it does allow for community input and dialog.
As a rule, business owners wish to establish and maintain good relations with the community,
so it is to their advantage to install a mural that will be welcomed by the neighborhood.
It is also essential that property owners are aware of the federal Visual Artists Rights Act
(VARA) and the California Art Preservation Act (CAPA). Property owners will be responsible for
compliance with all aspects of these laws (including requirements for 90-day advance written
notice prior to the removal, destruction, or alteration of the mural) or negotiating waivers of any
aspects of these laws through advance written agreements with artists.
The following are recommendations for the process requirements:
Applicants must hold a meeting at a publicly accessible location at least 30 days prior to
the start of the mural fabrication. This meeting is to allow for the public to see the design,
ask questions, and provide comments. Should an in-person meeting not be feasible due to
public health mandates, a well-advertised virtual meeting can be substituted in a manner
as approved in advance by City staff.
Applicants for mural approval must post notice of the public meeting 15 calendar days in
advance of the meeting on the proposed mural site. This notice must include the intended
mural size and location with a color depiction of the proposed mural design, in full and easy
view of the community. The notice must also be mailed, or hand delivered to properties
located within a half-mile mile radius of the proposed mural location.
No mural shall be permitted until the applicant certifies that he or she has completed this
neighborhood involvement requirement. Certification shall include photo documentation
of the posted notices and documentation of the meeting through a sign-in sheet, or other
confirmation the meeting was held as indicated.
Property owners must sign a declaration that they are aware of the federal Visual Artists
Rights Act (VARA) and the California Art Preservation Act (CAPA) artist rights laws,
acknowledging they, and not the city, are responsible for compliance with these laws.
Should the property be sold, property owners must provide subsequent owners with
maintenance information, anti-graffiti requirements, and artist rights information.
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Home Sweet Home by Brian Peterson
34 35
Public Art Donations
How exciting it can seem for a municipality to be offered artwork as a donation. While it can
be tempting to accept all art donations, there are considerations that should be understood
to ensure donated artwork fits within the city’s goals and environment and will not become a
burden to the city’s resources.
The following will discuss areas and issues to consider in the acceptance of artwork and areas
in which background information and assurances should be considered prior to the acceptance
of a donation.
There are many sometimes complex reasons that a donor will be motivated to gift artwork
to a city. Reasons can range from a sincere desire to share a work with the community, the
understanding that a work of art has a special connection to a site or part of the city’s history,
to the desire for a tax deduction, the need to find a home for a large or unwieldly work that the
owner no longer can store or no longer has the resources to provide upkeep. Regardless of
the motivation, any offer has the potential to be a welcome and uplifting addition to a city’s
collection. There may also be valid reasons to deny acceptance of a Public Art donation.
Art Collection Goals
Of fundamental importance to the development of an art collection and the subsequent
acceptance of donations is the understanding and establishment of the goals of the collection.
For example, the donation of a 19th century European religious painting may have high monetary
value, but does it relate to the City and is there an appropriate place for its display? The following
are questions to guide the establishment of art collection goals.
What is important to the city regarding the art it owns and maintains? For example, is it important
for artwork to relate to the city’s location, history, and interests inherent in the cultural context
of Costa Mesa? Should it represent the City in an interesting and expanded manner? Can the
collection be used as a mechanism to support and uplift artists that reside in Costa Mesa?
What is the storage or physical capacity to keep portable artworks? Are there limitations that
restrict the number of donated items?
In addition to permanent Public Artwork installations, are there programs and opportunities to
display portable paintings, drawings, photography, textiles or other art mediums?
Some municipalities have internal loan programs allowing departments and civic offices to
borrow portable artworks for a designated time period to enhance their surroundings for the
benefit of staff and visitors. Costa Mesa may want to consider this as a mechanism to accept
donations of artwork into the collection with a purpose and display opportunity.
36 37
Donation Process
An application process should be established up front to capture
the relevant information for an informed decision and to identify any
additional considerations to the donation offer. The following identifies
main areas in which information should be captured.
Object Ownership and Valuation
As has been discussed, there is more than one type of ownership as
related to art, and this needs to be considered in the acceptance of
an artwork. While a donor may have ownership of a work of art as an
object, this does not necessarily extend to the donor having ownership
of the image and copyrights as articulated in the federal Visual Artists
Rights Act (VARA) or the California Arts Preservation Act (CAPA).
To establish the donor’s ownership of the artwork as an object, a
donation application needs to be developed with a requirement for
information about the provenance and procurement of the object,
including documentation such as a receipt or other proof of ownership.
Copies of any agreements the owner has with the artist or gallery should
be included if applicable.
The value of the object should be established as part of the consideration
of acceptance. This value can be established through:
Appraisal Report: An appraisal report including, but not limited
to, dollar amount value, description, disclaimers, and additional
support for valuation conclusions by a certified third-party appraiser
affiliated with at least one of the four appraisal organizations:
Appraisers Association of America, the American Society for
Appraisers, Appraisal Foundation, or the International Society of
Appraisers.
A receipt for the purchase of the artwork
Other documentation establishing the value of similar artworks by
the same artist
This valuation is essential as the artwork will become a physical asset for the city, and as
such, a documented value is needed for asset accounting. Also, donors commonly request a
letter from the city acknowledging the donation with the value indicated for their use as a tax
donation. The city should have confirmation of the value for this purpose.
Copyright Ownership
As indicated, while a donor may have ownership of the artwork as an object, the artist may have
retained the copyright ownership as established by the VARA and CAPA laws. The application
should include artist information including contact, resume or bio, birth/death dates, and any
known copyright information as available. This is particularly important if the donation is a work
to be installed as a permanent Public Artwork as the artist should be notified of the donation
and location of the installation.
The application should indicate the copyright owner of the object. If the donor is the copyright
owner, the application should include documentation of this and should ask if the donor intends
to transfer the copyright to the City of Costa Mesa should the donation be accepted by the city.
The City Attorney should identify if and how the acceptance of the artwork and installation will
make the city subject to any applicable VARA and CAPA notifications or copyright requirements
in the future. It is recommended that the City Attorney weigh in regarding these considerations
and requirements prior to the acceptance of the donation.
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c.Floyd’s 99 Barbershop by Jonas Never
38 39
Materials, Maintenance, Conservation
The application should identify the materials and any known maintenance
or conservation needs. A condition report should be provided by the
donor or obtained by the city to identify any issues and immediate or
future costs associated with keeping the artwork in good condition.
Transportation and Installation
If the artwork is a large sculpture or other Public Artwork, it is important
for the city to understand the costs to transport the artwork and install
it at the desired location. Questions to consider are the need for any
footings or special attachment systems, permits, insurance, storage,
installation, and any conservation and maintenance needed in the
immediate future. It should be established if these costs and the
responsibility for this activity will be borne by the donor or if the city is
expected to handle these costs and the scope of work to see to the full
completion the installation.
Other Information
In addition to the above information the application should request any
exhibition history, edition certifications or other pertinent information
about the artwork as applicable and available.
Pablo Universal by David Flores
40 41
Criteria for Acceptance of
Public Art Donations
The identification of collection goals and the information above will greatly aid in evaluation of
the donation application. It is recommended that the Arts Commission evaluate the donation
based on the criteria for an acceptance recommendation to City Council. The City Council
should maintain final approval, considering the Arts Commission recommendation.
The following are recommended criteria to utilize as applicable in assessing
the acceptance of an art donation:
The artwork supports the goals of the art collection and would contribute positively to the
City’s Public Art, meeting the standards for Public Art commissioned by the city.
The artwork is of high quality and aesthetic excellence.
There is an identified location to site the artwork if it requires a public installation, or there
is a program or mechanism to display the artwork if it is a portable piece.
The scale, form, context, and design of the artwork are appropriate for the setting and
audience.
The donor has committed to cover all applicable costs associated with permits, bonding,
insurance, transportation and installation of the artwork or the city has committed the
resources to cover these applicable items.
The future maintenance and conservation need of the artwork is understood and the city
has identified the resources to attend to these requirements.
The legal considerations of ownership, copyright, liabilities, maintenance, and de-
accessioning are understood and acceptable to the city.
The artwork supports an equitable collection inventory, allowing for a diverse range of
artists to be represented, considering if there are already multiple donations of the same
artist’s work.
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Reclining Figure by Henry Moore
42 43
The following represent acknowledged criteria for de-accession and are
recommended for Costa Mesa’s consideration.
The artwork’s present condition poses a safety hazard to the public.
The artwork has been damaged or has deteriorated to the point that it can no longer be
represented to be the original artwork.
The restoration of the artwork’s structural or aesthetic integrity is technically not feasible,
or the expense of restoring it exceeds the resources of the city.
The architectural support (building, wall, plaza) is to be destroyed and the artwork cannot
be removed intact for relocation.
The use of this particular public space may have changed, and/or the artwork may have
lost its contextual meaning and it cannot be re-sited, or re-siting the artwork would be
inappropriate.
The artwork requires excessive and inappropriate conservation and/or maintenance or
has faults of design or workmanship which can be termed inherent vice.
An artwork is not, or is rarely, on display because of lack of a suitable site.
The condition or security of the artwork cannot be reasonably guaranteed in its present
location.
The artwork was not installed or fabricated as proposed, is incomplete, or does not meet
the requirements of the commission.
The artwork does not meet the goals of the collection.
Removal has been requested by the artist in writing and it has been determined by the
Arts Commission to be a reasonable request.
The artwork has reached the end of its original anticipated lifespan.
The artwork is proved to be inauthentic or in violation of existing copyright laws.
The artwork has received documented and ongoing adverse reaction from community
members where the artwork is located, and the City Council has determined the artwork
no longer reflects the values of the community.
De-accession of
Public Art
There are numerous reasons that a city may wish to de-accession an artwork. These
considerations can include safety, condition, change in the physical location of the artwork so
it is no longer supported physically, community complaints, or other controversies.
As city owned artwork is a civic asset, the process should require a staff report addressing the
applicable issues related to the de-accession criteria including the review of any restrictions
which may apply to the artwork based on legal or contractual requirements. The report should
include an analysis of the reasons for de-accessioning, options for storage or disposition of the
artwork, and the appraised value of the artwork, if obtainable.
If the de-accession is the result of the destruction of the supporting structure (such as the wall,
building, or plaza to which the artwork is attached), consideration should be made regarding
the appropriateness and feasibility of relocating the artwork to another location.
Any considerations or requirements associated with VARA and CAPA laws, including notice to
the artist, if applicable, should be carefully followed in accord with the City Attorney’s direction.
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Public Art and Development
Mandates in Orange County
Among Orange County’s 34 cities, there are currently four that mandate Public Art within their
communities: Brea, Buena Park, Dana Point, and Laguna Beach. Two more cities are expected
to join that list upon approval of Public Art Plans they are completing: Anaheim and Huntington
Beach. Four cities currently have programs encouraging Public Art in development without a
binding mandate: Anaheim, Huntington Beach, Newport Beach and Santa Ana. The mechanism
used most frequently is the assessment of a fee ranging from 0.5% to 1.25% on the total cost
of new construction or renovations on projects valued at or above a baseline amount. Fees
may apply to City capital improvements, private development, or both. Policies vary, with private
developers, in some cities, permitted to acquire and install art on their property to fulfill the
requirement (with City review and approval), or instead to pay into an in-lieu fund managed by
the City to acquire and install Public Art on City-owned property.
See p. 80-81 for more information about other Orange County cities’ Public Art policies and
programs.
46 47
Inclusion of Public
Art in Public Works
Development Projects
The inclusion of Arts and Culture into public spaces is known to
enhance the livability or civic life and is a contributor to the quality of
the environment while engendering community pride. Incorporation
of Public Art into Public Works projects are a natural way to uplift the
quality of these spaces for the enjoyment of the community.
Many Public Works projects are funded by grants or other sources
requiring that the use of monies is restricted to capital improvements.
Permanent Public Art incorporated into the project is generally
acknowledged as a capital improvement for this purpose.
With other internal sources incorporated, facility funding can be less
restrictive, allowing for a wide array of arts programming on the site
of the development. Municipalities have allocated between 1-2% of the
cost of construction for these projects as part of the regular budgeting
process.
A mandate by City Council for Public Art inclusion into Public Works
construction projects declares the importance and value the City places
on arts and culture in civic life. Should the City decide to mandate a
Public Art requirement for private development, it would be a reasonable
expectation that the City has a policy in place for Public Art within its
own public works projects.
It is recommended that policies framing the approach to projects and
the commissioning of artists are put in place to ensure that there is an
equitable distribution of funds to diverse artists.
The City of Pasadena’s Public Art Program guidelines can serve as model of how goals and
values can be realized. The following from the City of Pasadena is offered as an example for
consideration for the City of Costa Mesa:
The commissioning of artists at a variety of points in their careers, but whose work is of
the highest artistic merit, and who bring innovative artwork of all media and disciplines
into the public realm;
The commissioning of artists and artwork which are reflective of cultural diversity and
the city’s international populations, recognize the values and contributions of various
cultures to the community, and contribute to the characteristics, aspirations and unique
expressions of Pasadena’s values;
The encouragement of local artistic endeavors and support of local artists;
The encouragement of public dialogue and interaction with art in public places, through
appropriate education forums, public meetings, citizen task forces and programs;
The commissioning of works of art varying in style, scale, medium, form and
intent representative of the arts on a local, regional, national and international
level;
The broad distribution of commissions among artists. To ensure this objective, no more
than one City of Pasadena Public Art commission per artist/team shall be awarded
in a three-year period. An artist may not apply for a subsequent commission until the
aforementioned has been completed and has received final approval;
The geographic distribution of artworks throughout the City of Pasadena;
The inclusion of the artist and design team at the inception of the project.
Local Artists
A healthy arts ecosystem should include opportunities for local artist participation and will
provide opportunities for professional growth. Recommended opportunities for artists new
to Public Art include temporary Public Art projects. These projects can be singular, as a series
along a path or walkway or grouped together in a park or other venues in a multi-artist festival
or “happening” atmosphere to build excitement and space activation.
Similarly, a purchase program geared toward local artists that are new to Public Art can build a
collection of artworks for offices and other public interior spaces. It is a great opportunity for
participation and community engagement.
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Inclusion of Public Art in Private
Development Projects
The purpose in establishing this definition is to ensure that the artwork is created by an artist
and not the result of commercial design or product development.
While the first step is the definition of an artist, there is also a basic need to define Public Art
for the context of approving artwork integrated into private developments. A comprehensive
definition will allow for an objective review of a developer’s proposal for artwork.
As indicated above, there are two paths cities have taken regarding the inclusion of Public
Art in private development, encouragement for voluntary participation or mandates through
ordinances. There are basic concepts applicable to either effort that warrant discussion.
DEFINITIONS
So that all parties understand what types of projects are to be considered when referring to
Public Art, basic definitions are needed to define who is an artist in this context and what is to
be considered as Public Art.
It is essential that the eligibility of Public Art projects as falling within the program requirements
include the definition of an artist to ensure that the project is truly unique, can be considered
within a contemporary fine art dialog, and encourages a diversity of artistic approaches. The
following are examples of this type of definition:
City of San Diego:
“Artist means 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, exhibition record, publications, and production of artwork.”
Los Angeles County:
“Artist. A person who has established a reputation of artistic excellence in the arts, including but not limited to visual, performing or literary arts, as judged by peers and experts in the field, through a record of public exhibitions, performances, commissions, sale of works, recognition and/or educational attainment.”
Welcome to Costa Mesa by Brian Peterson and Damin Lujan
50 51
For the City of Costa Mesa, the following definitions are recommended for
consideration:
Artist:
A person who has established a reputation of artistic excellence in the fine arts, including but
not limited to visual or performing arts, as judged by peers and experts in the field, through a
record of public exhibitions, performances, commissions, sale of works, recognition and/or
educational attainment. The qualified artist shall work primarily in the production of unique fine
art.
Public Art:
Artistic and cultural facilities, objects, and amenities created as original works by an Artist that
do not contain a commercial message, text, logo, trademark, or other product, business, or
service messaging, and are not mass produced or reproductions. Qualifying projects include:
Sculpture: Free standing, wall supported or suspended, kinetic, electronic or mechanical
in material or combination of materials.
Murals or portable paintings: In any materials or variety of materials, with or without the
addition of nontraditional materials and means.
Works on paper: Photographs, prints, watercolors, drawings of any media and other paper
works.
Textiles: Tapestries, quilts, embroideries and other forms of woven or non-woven fiber art.
New media: Including but not limited to new technologies in light, sound, film, holograms,
virtual reality, digital media, and any hybrids of media and new genres.
Other media: Neon, glass, earthworks, mosaics, tile, ceramics, printmaking, collage, mixed
media, assemblage.
Standardized fixtures or enhanced functional architectural elements: If rendered by an
Artist as unique features, including but not limited to, grates, facade enhancements,
stairways, fencing, and other design elements.
Cultural Facilities: Public gallery, exhibition space, public performance spaces, theaters,
Public Artistic studio spaces, and Public Art education facilities; and
Performing Arts: Theatre, dance, music and performance art.
Literary Art: Poetry readings, storytelling and creative writing.
Media Art: Film, video, or digital media.
Education: Lectures, presentations, and training in and about arts and culture.
Special events: Parades, festivals, and celebrations; and
Similar arts services, facilities and amenities as approved by the City of Costa Mesa.
Similarly, as the oversight of artist selection, fabrication, and installation requires expertise of a
specialized nature, it is recommended that developers are able to obtain the services of an Art
Consultant as a legitimate line-item cost for their project. The Art Consultant can assist them
with services related to the identification of an Artist, arts opportunity, facilitation and oversight
of artwork fabrication and installation, or performing as the liaison to the city regarding providing
reports, application materials, and other information related to the review and approval of the
artwork. Indeed, the utilization of an Art Consultant who will have a network of artists and
contacts can go far in aiding the developer in identifying a qualified artist and art project that
is integrated into the development in exciting and innovative ways for the enjoyment of the
visitors to the site. Typically, municipalities allow for Art Consultant services as 10-20% of the
project budget depending on the specific services rendered.
California Scenario by Isamu Noguchi
52 53
The following is offered for consideration as a definition of an Art Consultant:
Art Consultant:
An organization or individual working as a professional administrator of the arts, who realizes
income through the provision of services relating to the arts such as, but not limited to,
identifying artists and on-site art opportunities, and contracting with artists for venues with
public audiences, or providing oversight of on-site logistics, demonstrates previous success in
project management, and provides leadership in completion of Public Art projects.
As a further aid to developers, the City of Costa Mesa may want to pursue a call for Arts
Consultants to be pre-qualified and placed on a roster that can be shared with developers
looking for Art Consultant services.
Voluntary Participation Program
As indicated, four Orange County cities have a voluntary Public Art in private development
program. As this type of effort relies on the developer to embrace the benefits of integrating
Public Art into their development, it is recommended that the City of Costa Mesa offer guidance
where possible to developers to assist them in this endeavor. Further, it is recommended that the
City of Costa Mesa identify what incentives can be offered to developers during the zoning and
development planning processes to encourage Public Art participation. Without incentives, it is
difficult to imagine developers participating in the processes required, and to subject artwork
they will own to the City’s approval.
Ownership and Maintenance
Artwork created through a Public Art program for placement on private property, and funded by
the developer, is the property of the developer, who will be required to maintain the artwork for
the life of the piece. However, development owners should be made aware of the same artists’
rights and the differences between object and image ownership discussed elsewhere, as they
will hold the responsibility for following the mandates of these laws.
Public Art mandated and receiving credit for compliance is commonly considered long term/
permanent in nature. An expectation of 25 years or more is commonly anticipated. For the
artwork to be well maintained by the current and future property owners, a notarized Covenant
and Agreement registered with the Orange County Clerk-Recorder describing the artwork and
requiring that current and subsequent owners maintain the work for the expected lifetime is
recommended as being required. The document should indicate the term of the maintenance
requirement, and that an earlier termination of the agreement is possible with the City’s approval
though a written release by the City.
Approval of Public Art Projects
City approval for Public Art proposed by developers for credit in the case of a mandated ordinance
being in place, or for voluntary compliance if incentives have been offered in exchange for
Public Art participation is required. With a robust criterion defining Public Art, agencies address
approval in one of two ways: Either the review and approval is considered as an objective review
based on the criteria and performed by the arts program city staff (such as the City of Los
Angeles, Los Angeles County, or San Diego), or the staff performs a preliminary review and the
Arts Commission performs the final review and approval based on the criteria (such as the City
of Brea or Culver City).
Criteria, Artwork Identification and Artist Selection
In addition to the requirement that the Public Artwork fit within the definition, the proposed art
should uplift the development environment and be accessible for the community’s enjoyment.
As with Public Art that the City commissions, care should be taken to select a location with high
visibility, work that is in harmony with the surroundings, and is accessible by the community
during regular business hours. The artwork should be complimentary to the built environment,
and constructed of appropriate long-term materials such as metal, stone, glass, tile, etc.
As they are the owners of the work, the identification of the specific project and artist are under
the purview of the developer. However, the developer bringing an Art Consultant on board can
greatly aid in the quality of the project as a wide range of artists with diverse styles and new
ideas can be brought in for consideration.
54 55
Process
Developers should be made aware of the Public Art mandate if an ordinance is in place or the
possibility of gaining incentives if participation is voluntary as early as possible in the project
planning stage. It is at this early juncture that the developer can discuss the options and
possibilities with City staff.
Preliminary Approval
Prior to the developer obtaining their building permit, they would file a preliminary Art Plan
Application indicating the type of project being pursued, the preliminary budget schedule, and
the process for artist identification.
The Parks and Community Services Director or their designee should review the preliminary Art
Plan Application, and if it is found complete and in compliance with the ordinance or voluntary
participation requirements, approve the preliminary plan. This approval will be deemed sufficient
for the issuance of a Building Permit.
Within 60 days of the applicant obtaining a Building Permit, a final Art Plan Application for
placement of artwork on private property should be submitted to the department with
information including, but not limited to:
Final sketches, photographs, or other documentation of sufficient descriptive clarity
to indicate the nature of the proposed artwork and its compliance with the ordinance
requirements.
An appraisal or other evidence of the value of the proposed artwork, including acquisition
and installation costs.
Preliminary plans containing such detailed information as may be required by the
department to adequately evaluate the site location of the artwork in relation to the
proposed development and its compatibility with the neighborhood in which it is located.
A narrative statement indicating how the artwork will be displayed in a public place
freely available to the public at least ten (10) hours each day, or equivalent alternatives
acceptable to the city.
Final Approval
The Parks and Community Services Director or their designee shall review the final application,
and if it is found complete and in compliance with the requirements of the ordinance, prepare a
recommendation to the Arts Commission.
The commission shall be responsible for review and approval of the proposed artwork for its
compliance with the ordinance requirements, aesthetic quality, and the proposed location of
and public accessibility to the artwork.
An applicant may appeal the decision of the commission to the City Council. Action by the City
Council is final.
Project Completion
At the completion of the project the developer should provide a copy of the registration receipt
for the Covenant and Agreement, photos of the completed artwork, final expenditure report,
information about the artist and artwork, etc. City staff should perform a site visit to confirm
the work is completed and satisfactory. A plaque identifying the artist, title of the work and
crediting the program should be placed by the artwork by the developer as part of the project.
56 57
Financial Securities and Project Completion Guarantees
Municipalities handle the process of ensuring the satisfactory completion of the project in
different ways. Developers receive compliance credit for their project in the form of an Approved
Art Plan prior to a Building Permit being issued. Once the Developer has the Building Permit in
hand, the City will require a way to ensure the project is completed satisfactorily as approved
in advance.
If the project will be guaranteed to be completed in tandem with the building construction,
then the Certificate of Occupancy can be tied to the satisfactory completion of the Art Plan
and receipt of all closing documents such as the registration of the Covenant and Agreement,
project documentation etc.
However, the completion of the art project may not coincide with the completion of the building
and the City may not wish to withhold the Certificate of Occupancy waiting for the artwork.
In this instance, the best practice is to allow the developer to provide a Certificate of Deposit or
a Letter of Credit to the benefit of the City that can be held and cashed in should the developer
default on the project. This financial security would be automatically renewing to remain viable
past the building completion date. Once the project is complete the Director of the Parks and
Community Services Department can sign a release of the document back to the developer.
It may be tempting to utilize the Performance Bond process to guarantee the project, but this
form of security is not recommended and is not appropriate for Public Art as discussed earlier.
The Storyteller by Jason Meadows
58 59
Budgeting
for Public Art
Projects
Utility Box Program
“The City of Costa Mesa owns over 120 utility
boxes at signalized intersections throughout the
city and is dedicated to incorporating art into
public spaces. A Utility Box Art Program was
launched in early 2015 to spotlight a handful
of utility boxes as beautiful art pieces. The city
currently has over 40 utility art boxes that display
artwork from local artists.” From City of Costa
Mesa 2022 Utility Box Program Handbook (see
Appendix). Current budget is $12,500 which
covers up to 10 new artworks per year, including
maintenance expenses. The artist honorarium
for creating a work to be placed on a utility box
is $300. The City invites sponsorships of utility
boxes ($1,500 to $2,500) and permits up to 20%
of the space for sponsor branding. Complete
details may be found in the Handbook.
Temporary Public Art Programs
Sculpture Program: Annual program costs can range from $100,000 to $500,000 (not including
City Staff time), depending upon the number of sculptures to be displayed each year and the
length of the exhibition for each work. Costs include project management consultant, artists
fees, site preparation, installation, and de-installation. Site preparation costs will vary based
on the number of concrete pads needed each year—more in the beginning, diminishing in
subsequent years because the program reuses existing pads for replacement sculptures. The
Sculpture Exhibition in Newport Beach Civic Center Park, now entering its eighth phase, has
an annual budget of approximately $175,000. It exhibits twenty works concurrently, with ten
works rotated in and out each year. For more information, visit: https://www.newportbeachca.
gov/government/departments/library-services/cultural-arts/sculpture-in-civic-center-park-
exhibition.
Permanent Public Art Projects
Murals: Cost is projected at $50,000 to $300,000, depending upon the mural size and the
number of murals commissioned – budget includes project management consultant, artists
fees, installation, and annual maintenance costs based upon artist’s maintenance manual, but
not City staff time.
Sculptures: Costs range from $100,000 to $1,000,000, including project management consultant
and artist fees, site preparation, installation, and annual maintenance costs based upon the
artist’s maintenance manual, but not City staff time.
60 61
Funding Mechanisms for
Public Art Projects
Municipalities commonly use the following sources to fund art endeavors in general and Public
Art specifically, aside from the allocation of these endeavors through usage of the General
Fund.
Transit Occupancy Tax
As arts and culture offerings enhance the desirability of a community and support the appeal of
a City as a destination, cities will commonly provide a percentage of the Transit Occupancy Tax
as a line-item revenue stream. For example, the City of Los Angeles identifies 1% of the tax for
(1) acquisition or placement of publicly accessible works of art; (2) acquisition or construction
of arts and cultural facilities; (3) the providing of arts and cultural services; (4) restoration or
preservation of existing works of art; (5) the City’s costs of administering the Public Works
Improvement Arts Program; and, (6) support to programs and operations of the Cultural Affairs
Department.
Using a slightly different approach, the City of Laguna Beach established more than 20 years
ago a Business Improvement District comprised of its hotels, which added a 2% fee per night
on hotel room stays. The program mandated that half of the proceeds are distributed to the arts
in a formula that supports its three mainstay institutions (Laguna Art Museum, Laguna College
of Art + Design, Laguna Playhouse), its Arts Commission’s Public Art Program, and more than
a dozen small community arts organizations. More than $1 million is generated for the arts
annually from this mechanism. The rationale for funding the arts through this program was that
it supports year-round arts activities that contribute to filling hotel rooms during the off-season.
Public Works and/or Private Development Percent for Art Policies
A natural enhancement to public works development is the integration of Public Art into the
construction and improvement of City facilities. As permanent Public Art is considered a capital
improvement, it is generally eligible as an expense in tandem with grants or other outside
funding for these projects. Depending on the source, facility funding can be less restrictive,
allowing for a wide array of arts programming on the site of the development.
Municipalities have allocated between 1-2% of the cost of construction for these projects as
part of the regular budgeting process. Among Orange County’s 34 cities, there are currently 7
that mandate Public Art within their communities: Brea, Buena Park, Dana Point, Laguna Beach,
Santa Ana, Tustin, and Westminster. Two more cities are expected to join that list upon approval
of Public Art Plans they are completing: Anaheim and Huntington Beach. (See Appendix for
more details.)
The mechanism used most frequently is the assessment of a fee ranging from 0.5% to 1.25%
on the total cost of new construction or renovations on projects valued at or above a baseline
amount. Fees may apply to City capital improvements, private development, or both. Policies
vary, with private developers, in some cities, permitted to acquire and install art on their property
to fulfill the requirement (with City review and approval), or instead to pay into an in-lieu fund
managed by the City to acquire and install Public Art on City-owned property.
Quimby Funds
Restricted to parks, there are instances where the integration of Public Art into park
enhancements can be eligible and a great use of the fund. This is a consideration that merits
exploration on a case-by-case basis.
636263
New State of California Funding
In June 2022, the Legislature approved and the Governor signed a State budget that includes
a $25 million one-time General Fund appropriation for the California Department of Parks and
Recreation to create a new California Cultural and Art Installations in the Parks program for
state and local parks, in partnership with the California Arts Council. Installations will reflect
local cultural heritages, connect the public to natural resources of state and local parks, and
provide contemporary experiences to visitors. Details are forthcoming.
Private Funds
The success of most robust municipal art in public places programs is due to the investment
of public funds, regarding the value of Public Art as similar to libraries, community centers
and parks. Nevertheless, opportunities exist for raising private support to augment public
dollars for such programs, ranging from “crowdfunding” small contributions (often used for
commemorative monuments) to major gifts enabling a municipality to acquire an especially
costly work of art by an internationally-renowned artist. An example of this was the $1 million
gift by a donor toward the cost of commissioning art to be installed at the Golden 1 Center (a
new sports arena) in Sacramento.
65
Fire Bird by Richard Lippold
64 65
As described in the Arts & Culture Master Plan:
Action 2.6: Incorporate imaginative design in all the City’s functional elements and fixtures.
“There are artists and existing companies that specialize in the custom fabrication of creatively
designed elements such as streetlights, playground equipment, fitness stations, bus shelters,
benches. After a period of research, the City should conduct a call for artists to submit designs,
which would be selected by the City through a process involving the Cultural Arts Committee,
Planning Commission, City staff and Council. Based on budget, the City can choose to transform
the chosen elements over a short period of time or phase them in as replacement of older
elements.”
Streetlights
Streetlights comprise a prolific functional element in the urban environment that require routine
replacement over the years and addition to the cityscape when new land use developments
take place.
Some cities have embellished their appearance in subtle or dramatic ways. Historic “old
town” districts of cities are often emphasized through the use of “Gaslamp”-style fixtures.
Contemporary developments have gravitated to more geometrical designs for their exterior
lighting needs on pathways and sometimes adjacent streets.
Many decorative designs for streetlights are commercially available through a wide variety
of sources and meet the latest eco-friendly standards by using LED lamps and solar or wind
energy.
But “off the shelf” products don’t precisely fulfill the vision of the Arts & Culture Master Plan,
which indicates a desire for uniqueness and authenticity.
Under the Public Art Goal #2:
Imaginative Design in
Functional Elements
66 67
Imaginative Design in
Functional Elements
Mission Viejo
When the planned community (now city of)
Mission Viejo was developed in the 1960s, the
Mission Viejo Company designed a distinctive
streetlight modeled on the El Camino Real
bells along the historic highway and the bells
at nearby Mission San Juan Capistrano. At that
time, experts said it could not be created, but
representatives from General Electric and Edison
worked together to transform the concept into
reality and today thousands of the “Mission Bell
Luminaire” streetlights illuminate the city. It is a
hallmark of that community, reflecting its self-
defined character.
Los Angeles
Other cities have held open competitions for such designs, and a recent example was “LA Lights
the Way,” a 2019 call for designers in architecture, design, and engineering by the City of Los
Angeles to submit concepts for a new design to replace its streetlights. LA has over 210,000
streetlights in over 400 different designs citywide.
Three competitions were conducted: one open to professional designers, one for students in
professional design programs, and one for all other students. Guidelines included adherence to
the City’s strict public works specifications required for safe, efficient and durable streetlights.
Juries for each program included representation from designers, architects, engineers, and City
staff. Full program details may be found here: https://www.lalightstheway.org/
The winning design was announced by Los Angeles Mayor Eric Garcetti in front of the famous
Chris Burden “Urban Light” installation at the Los Angeles County Museum of Art in 2020.
68 69
Imaginative Design in
Functional Elements
Benches
Benches provide another opportunity to
beautify functional elements in a City. The City
of Laguna Beach includes an Artist-Designed
Bench program among its Public Art programs.
The selection follows their normal Public Art
processes, though guidelines for the benches,
as functional elements on which people may sit
or lie down, are more specific as to materials and
design.
Bus Shelters
The City of Athens, Georgia, is widely known for artist-designed bus shelters, selected to open
competitions similar to those described above. In their words, “The unique installations have
sparked conversations, prompted explorations and brought the uniqueness of being an Athenian
to our well-regarded Transit System. These shelters serve a practical need as well as connect
with people who might not ordinarily seek out Public Art.”
The following are
a few examples
of Laguna Beach
artist-designed
benches:
Street Calming, Pedestrian
Crosswalks, Bike Lanes
“Asphalt art had a strong positive correlation with improved safety benefits across aggregated
and most individual study sites,” researchers wrote in the study. “Road user behavior clearly
improved across the observed study sites in the after analysis periods.” This was reported
by Bloomberg Philanthropies about their Asphalt Art Initiative, which they define as “visual
interventions on roadways (intersections and crosswalks), pedestrian spaces (plazas and
sidewalks), and vertical infrastructure (utility boxes, traffic barriers, and underpasses).”
https://asphaltart.bloomberg.org/
70 71
The City of Portland, Oregon has more than 100 street art paintings. A recent article by
BikePortland cited the following statistics from the Bloomberg Philanthropies report: “a 50%
decrease in the rate of crashes involving pedestrians or other vulnerable road users, a 37%
decrease in the rate of crashes leading to injuries, and a 17% decrease in the total crash rate.
The user behavior assessment yielded similar results; a 25% decrease in pedestrian crossings
involving a conflict with drivers, a 27% increase in frequency of drivers immediately yielding to
pedestrians with the right of way, and a 38% decrease in pedestrians crossing against the walk
signal.” They did so in order to rebut “For years, the official stance from the Portland Bureau
of Transportation has been that intersection paintings have no traffic safety impacts and are
simply a tool to build community and bring people together around a shared neighborhood
identity.”
Wallace & Center Streets, Costa Mesa
Monrovia & 19th Streets, Costa Mesa
In September 2020, with support from the nonprofit Costa Mesa Alliance for Better Streets,
Costa Mesa installed traffic calming street art on a temporary basis to test the concept and the
public’s response. The artwork was created by Costa Mesa artist Salina Mendoza.
72 73
Imaginative Design in
Functional Elements
Playgrounds and
Fitness Stations
Playgrounds worldwide for decades have showcased artist-designed equipment and whimsical
experiences for children. While off-the-shelf playground themes are readily available, this is
another opportunity for a city to demonstrate its uniqueness by commission artists in the
creation of playground equipment.
Interestingly, just a few years ago, the National Fitness Campaign partnered with the Keith
Haring Foundation (administrator of the famous artist’s estate) to offer communities a
number of options to license stock outdoor fitness courts with Haring’s easily recognizable art
emblazoned on their walls. However, in response to many communities’ requests, the National
Fitness Campaign also opened up the opportunity for its fitness courts to be designed by artists
chosen by local communities through commissions and competitions.
A playground
depicting
the literary
character of
Gulliver in
Portugal
National Fitness Campaign’s fitness court using licensed
art by the late Keith Haring can instead feature the work of
artists chosen by local communities
Example of a National Fitness Campaign fitness court
with art by a locally-chosen artist.
74 75
Utility Boxes
Costa Mesa already has a successful and growing Utility Box Art Program.
See p. 94 and following for its June 2022 Handbook.
Costa Mesa
Utility Art Box Program Handbook (draft 6/2022). The Handbook outlines the process:
- Use of vinyl wraps
- Maintenance & Repair – City responsible
- Submission for Artists – Artist Honorarium ($300)
- Submission for Sponsorships – can use name & logo on box plus artwork ($1,500 to $2,000
for private, for-profit businesses and $600 to $1,000 for public and non-profit organizations.)
- Review & evaluation by staff and Costa Mesa Cultural Arts Committee
(which was converted to Commission status in 2022)
Orange County cities with Utility Box Art Programs Include:
Buena Park
New Art in Public Places Program specifically for city public locations. Program does utility
boxes (vinyl wrap) and murals (public pool).
Dana Point
Dana Point just completed Phase 3 of the Utility Box Public Art Program. Priority is given to
local artists for the vinyl wrap boxes. Artwork is selected by the City of Dana Point Arts &
Culture Commission. Each selected artist receives a $250 honorarium.
San Clemente
The City of San Clemente and the San Clemente Art Association created this pilot beautification
project, “Street Art” in 2012. Each artist selected received a $500 honorarium and a supply
voucher up to $200.
The boxes are painted with the predominant themes of nature and the surf culture.
Santa Ana
In 2020, the City of Santa Ana Arts & Culture Office did a Call for Art for their Utility Box Art
Program. This was for artists who live, work, or study in Santa Ana. Artists painted the boxes
and received an honorarium of $400.
Tustin
Creative Signals, Traffic Signal Cabinet Public Art Program. This was established in 2018
working with the Public Art Committee. Individuals, organizations, and businesses are invited
to donate a Public Art project to the City of Tustin by having an original vinyl wrap designed and
Functionality and Cost
Adding imaginative design or artistic treatments to functional elements in the cityscape requires
adherence to specifications for safety, energy efficiency, durability, ease of maintenance, and
other concerns. This can sometimes add to the cost of acquisition, which should be taken into
account when planning such projects. But the costs should also be weighed against the value
to the City in terms of beautification, community engagement, and contribution to the image
and “brand” of Costa Mesa as “City of the Arts.”
Utility Box 39 by Jason Maloney
76 77
About the Consultant
Arts Orange County (ArtsOC) is the leader in building appreciation of, participation in, and
support for the arts and arts education in Orange County, California. A countywide nonprofit
arts council, Arts Orange County is designated by the County’s Board of Supervisors as its
official Local Arts Agency and State-Local Partner. Founded in 1995, ArtsOC offers a broad
range of traditional arts council programs and services that are augmented by an innovative
portfolio of consulting and project management services for government, education and
nonprofit organizations.
ARTS ORANGE COUNTY CONSULTING TEAM
Richard Stein, President & CEO
Pat Gomez, Public Art Consultant
Karin Schnell, Municipal Art Consultant
Ashley Bowman, Public Art Researcher
Priscilla Reinholtz, Green Pea Design, Graphic Designer
17620 Fitch Suite 255
Irvine CA 92614
714.556.5160
ArtsOC.org
Historic Costa Mesa by Allyson Jones Wong
Appendix
78 79
ORANGE COUNTY CITIES
ART IN PUBLIC PLACES PROGRAMS
Mandatory Public Art – 4 Cities
These cities have ordinances requiring the acquisition and installation of art as part of public
and/or private development.
Brea
Development projects with a total project valuation of between $1,500,000 and $3,999,999
have the option of contributing sculpture allocation funds to Brea’s Art Fund in lieu of installing
sculpture at the project site. Development projects with a total project building valuation of
$4,000,000 or more must install sculpture at the project site. 1% of total project valuation.
Program has been in place since 1975 with more than 180 artworks on display citywide.
Buena Park
New public parks and City capital improvements must include Public Art component (enacted
2019)
Dana Point
0.5% on private and public development projects (except County of Orange Dana Point Harbor)
Laguna Beach
All new commercial and industrial development, residential development (including subdivisions)
of more than four lots or units, remodeling, repair, or reconstruction of buildings in the above
two categories when the value exceeds $225,000.00, and certain City public works projects
when the value exceeds $225,000.00.
Acquire and install an artwork on the project site which is of at least 1% of the total project
valuation, or pay an in-lieu fee which is a contribution to the Art In-Lieu fund and will be equal to
1.25% of the total project valuation.
In 2020, Temporary Public Art Installations were developed with funding from the Arts
Commission Special Program Budget. Arts Commission budget generated from revenues from
the Business Improvement District, Transient Occupancy Tax (TOT), and donations.
Non-Mandatory
Programs – 4 Cities
These cities encourage private developers to incorporate Public Art into their projects and
provide guidelines with varying degrees of detail.
Anaheim
Anaheim is at beginning stages in preparing a Public Art Plan. They are doing research on all
the different communities in the city, looking at both cultural and historical aspects.
Huntington Beach
There is a draft Public Art Master Plan (2020) that has not been approved. The purpose of the
Plan is to guide the process for Public Art within the City. Plan proposes to form an ad hoc Art In
Public Places Committee to develop policies and procedures for the use of currently available
Public Art in Parks funds.
Newport Beach
Newport Beach recognizes the importance of Public Art to enhance and beautify the city
under an Art in Public Places Council Policy. For the past 10 years, emphasis has been on the
temporary Sculpture Exhibition in Civic Center Park, where 10 pieces are loaned for a 2-year
period (20 works on display simultaneously). Phase VII was just installed and will be up through
June 2024. The City has utilized various sources to pay for it over the years, including proceeds
from a development fee, General Fund, contribution from a hotel fee (Business Improvement
District), a State of California grant, and supplemental funds from a fundraising auxiliary to the
City’s Arts Commission.
Santa Ana
Santa Ana just developed Public Art Guidelines, Chapter 15, as part of the Citywide Design
Guidelines. In that, Public Art associated with commercial development is encouraged. Public
Art projects such as fitness court murals, utility boxes, and a beautification project (Willits and
Sullivan) have been implemented recently primarily as special projects directed by the City
Council.
80 81
Inventory of Public Artworks in
the City of Costa Mesa
Permanent Artworks (58)
California Scenario (Award
Winning, 1994) / stone, water,
metal, plantings / 1980-1982
Artist: Isamu Noguchi
Location: Pacific Arts Plaza,
611 Anton Boulevard
Connector (Award Winning,
2006) /weatherproofed steel
sculpture / 2006
Artist: Richard Serra
Location: Segerstrom Center
for the Arts, 600 Town Center
Drive
Costa Mesa Bloom / mural /
2019
Artist: Aaron Glasson
Location: Triangle Square,
Harbor Boulevard and 19th
Street
Cytocast / ultra-high
performance concrete and
micro-rebar sculpture/ 2018
Artist: Joseph Sarafian
and Orange Coast College
Architecture students
Location: The LAB Anti-Mall,
2930 Bristol Street
Dick Church’s Restaurant
Mural / mural / date unknown
Artist: Jennifer Bloomfield
Location: Dick Church’s
Restaurant, 2698 Newport
Boulevard
Dolly Parton Mural / mural /
2021
Artist: David Gilmore
Location: The Strut Bar and
Club, 719 West 19th Street
Electric Bike Company Mural
/ mural / 2021
Artist: Jennifer Bloomfield
Location: Electric Bike
Company, 1945 Placentia
Avenue
Fermi / marble modular
sculpture / 1975
Artist: Tony Smith
Location: 650 Town Center
Drive
Fire Bird / gold, silver, and red
stainless steel sculpture /
1986
Artist: Richard Lippold
Location: Segerstrom Center
for the Arts, 600 Town Center
Drive
Floyd’s 99 Barbershop Mural
/ spray paint mural / 2017
Artist: Jonas Never
Location: Former Floyd’s 99
Barbershop, 124 East 17th
Street
Food for the Soul / spray
paint mural / 2021
Artist: Brian Peterson and
Damin Lujan
Location: Someone Cares
Soup Kitchen, 720 West 19th
Street
Four Lines Oblique Gyratory-
Square IV / kinetic steel
sculpture / 1973
Artist: George Rickey
Location: 650 Town Center
Drive
Friends of Brentwood Park /
wall mural / 2017
Artist: Becky Feltman
Location: Brentwood Park,
260 Brentwood Street
Historic Costa Mesa /
painted mural / 2012
Artist: Allyson Jones Wong
Location: Sparks Enterprises,
1500 Adams Avenue
Hombre and Mujer / 2
sculptures / 2001
Artist: Vladimir Cora
Location: Mesa Art and
Framing, 789 West 19th
Street
Home Sweet Home / wall
mural / 2019
Artist: Brian Peterson
Location: First United
Methodist Church,
420 West 19th Street
Jonah and the Whale /
bronze sculpture in pool /
1918
Artist: Carl Milles
Location: 650 Town Center
Drive
Kobe and Gianna Bryant
Tribute Mural / mural / 2020
Artist: Tyke Witnes
Location: 739 West 19th
Street
Kobe Bryant Mural / mural /
2020
Artist: Efren Andaluz
Location: SOCIAL Costa
Mesa, 512 West 19th Street
Las Poderosas Mural / mural
/ 2020
Artists: Alicia Rojas, Camilo
Romero, and the Santa Ana
Community Artist(a) Coalition
Location: Baker Street and
Killybrooke Lane
Mustang Legacy Wall Project
/ brick wall mural / 2017
Artist: Costa Mesa High
School Foundation
Location: Costa Mesa High
School, 2650 Fairview Road
Neptune Water Spouts /
ceramic fountain heads and
fountain / 1975
Artist: Betty Davenport Ford
Location: 686 Anton
Boulevard
Night Shift / Sierra white
granite and stainless steel
sculpture / 1982
Artist: Jim Huntington
Location: 686 Anton
Boulevard
Oiseau / bronze sculpture /
1981
Artist: Joan Miro
Location: 650 Town Center
Drive
Orange County Graffiti Mural
/ mural / date unknown
Artist: Graffiti LA
Location: Former Rollin Deep
Ice Cream, 891 Baker Street,
Suite B-19
82 83
Pablo Universal / painted
mural on building / 2013
Artist: David Flores
Location: Former DAX Gallery,
2951 Randolph Street
Reclining Figure / bronze
sculpture / 1981
Artist: Henry Moore
Location: 600 Town Center
Drive
Sun Glitter / bronze sculpture
/ 1932
Artist: Henry Moore
Location: 650 Town Center
Drive
Sun Ribbon / glass and metal
windscreen sculpture / 1980
Artist: Claire Falkenstein
Location: 686 Anton
Boulevard
Table of Dignity / installation
and murals / 2017
Artists: Ricardo Mendoza,
Josh Sarantitis, and Emigdio
Vasquez Jr.
Location: 88 Fair Drive
Taco Mesa Mural / mural on
exterior wall / date unknown
Artist: Unknown
Location: Taco Mesa, 647
West 19th Street
The Artist’s Vision / metal
sculpture / 2004
Artist: James McDeamas
Location: 77 Fair Drive
The Free Britney Mural /
mural / 2021
Artist: David Gilmore
Location: Donkey D’s, 820
West 19th Street
The Ram / painted steel
sculpture / 1979
Artist: Charles O. Perry
Location: 686 Anton
Boulevard
The Storyteller, Upstage /
Downstage, The Herald
(Spatio Virtuo Teatro) / 3
painted steel sculptures /
2006
Artist: Jason Meadows
Location: Terrace at South
Coast Repertory, 655 Town
Center Drive
Thalo Sun / paint on wood
mural / 2021
Artist: Gabriella Kohr
Location: The LAB Anti-Mall,
2930 Bristol Street
Tour Aux Jambes /
polystyrene, polyester, and
epoxy sculpture / 1973-1980
Artist: Jean Dubuffet
Location: 695 Town Center
Drive
Untitled – B-24 Mural / mural
/ 2021
Artist: Nancy Hadley
Location: 17th Street
Untitled – Bootleggers
Brewery Mural / mural / date
unknown
Artist: Unknown
Location: The LAB Anti-Mall,
2930 Bristol Street
Untitled – Crack Shack Mural
/ mural / date unknown
Artist: Unknown
Location: The Crack Shack,
196 East 17th Street
Untitled / acrylic, spray paint
mural / 2009
Artists: El Mac and Retna
Location: RVCA
Headquarters, 960 West 16th
Street
Untitled / exterior color
primer paint mural on
building / 2018
Artist: Joshua Madrid
Location: Volcom Skate Park,
900 Arlington Drive
Untitled / 7 paint on wall-
mounted canvas panels /
2018
Artist: Joshua Madrid
Location: The LAB Anti-Mall,
2930 Bristol Street
Untitled CD Tunnel / compact
discs installation / unknown
date
Artist: Unknown
Location: The LAB Anti-Mall,
2930 Bristol Street
Untitled Gazebo / sculpture /
unknown date
Artist: Unknown
Location: The LAB Anti-Mall,
2930 Bristol Street
Untitled – Faces Mural /
mural / unknown date
Artist: Unknown
Location: The LAB Anti-Mall,
2930 Bristol Street
Untitled – Industrious
Costa Mesa Mural / mural /
unknown date
Artist: Unknown
Location: Industrious Costa
Mesa, 3090 Bristol Street
Untitled – Parking Lot Mural /
mural / unknown date
Artist: Unknown
Location: Industrious Costa
Mesa, 3090 Bristol Street
Untitled – Parking Lot Mural
2 / mural / unknown date
Artist: Unknown
Location: Industrious Costa
Mesa, 3090 Bristol Street
Untitled / spray paint mural /
unknown date
Artist: Barry McGee
Location: RVCA
Headquarters, 960 West 16th
Street
Untitled – Save Our Youth
Mural / mural / unknown date
Artist: Save Our Youth
Location: Save Our Youth
Foundation, 2045 Meyer
Place
Untitled – Social Costa Mesa
Mural / mural / unknown date
Artist: Unknown
Location: SOCIAL Costa
Mesa, 512 West 19th Street
Untitled – Tewinkle School
84 85
Mural / mural painted on
exterior wall / unknown date
Artist: Unknown
Location: Tewinkle
Intermediate School, 3224
California Street
Untitled – RVCA
Headquarters Mural / spray
paint mural / unknown date
Artist: Unknown
Location: RVCA
Headquarters, 960 West 16th
Street
Utsurohi 91 – Costa Mesa /
chromium-plated steel and
ceramic tile sculpture / 1991
Artist: Aiko Miyawaki
Location: 695 Town Center
Drive
Welcome Home / acrylic
spray paint mural / 2017
Artist: Shepard Fairey
Location: 125 Baker Street
Welcome to Costa Mesa
/ spray paint mural / date
unknown
Artists: Brian Peterson and
Damin Lujan
Location: 21st Street
Wilson Elementary Mural /
mural / 2022
Artist: Jennifer Bloomfield
Location: 801 West Wilson
Street
Yes, No, Maybe (Neon Art) /
neon art / date unknown
Artist: Unknown
Location: The LAB Anti-Mall,
2930 Bristol Street
Utility Box Art Program
Current: 51
Former: 11
(“Former” refers to previous
artworks that have been
removed.)
Utility Box 1 (Former) /
sticker wrapped utility box /
2015
Artist: Al McCoy
Location: Formerly 19th
Street and Placentia Avenue
Utility Box 2 / sticker wrapped
utility box/ 2015
Artist: Michael Ward
Location: Placentia Avenue
and Wilson Street
Utility Box 3 (Former) /
sticker wrapped utility box /
2015
Artist: Scott Kennedy
Location: Formerly Placentia
Avenue and 16th Street
Utility Box 4 (Former) /
sticker wrapped utility box /
2015
Artist: Gina Clark
Location: Formerly Fair Drive
and Civic Center
Utility Box 5 / sticker wrapped
utility box / unknown date
Artist: City of Costa Mesa –
City Manager’s Office
Location: Park Avenue and
19th Street
Utility Box 6 (Former) /
sticker wrapped utility box /
2015
Artist: Abby Garcia
Location: Formerly Placentia
Avenue and 17th Street
Utility Box 7 / painted utility
box / 2015
Artist: Estancia High School
Artists
Location: 2323 Placentia
Avenue
Utility Box 8 / sticker wrapped
utility box / 2015
Artist: Segerstrom Center
for the Arts Graphic Design
Team
Location: Bristol Street and
Town Center Drive
Utility Box 9 / sticker wrapped
utility box / 2016
Artist: Thomas Griffithe
Location: Newport Boulevard
and Victoria Street
Utility Box 11 / sticker
wrapped utility box / 2016
Artist: Marie Lavallee
Location: 17th Street and
Westminster Avenue
Utility Box 12 / sticker
wrapped utility box / date
unknown
Artist: Julie Bird Mattson
Location: East 17th Street
and Tustin Avenue
Utility Box 12 (Former) /
sticker wrapped utility box /
2017
Artist: Papa Murphy’s Graphic
Design Team
Location: Formerly Wilson
Street and Harbor Boulevard
Utility Box 13 / sticker
wrapped utility box / 2017
Artist: David Levy
Location: Mesa Drive and
Santa Ana Street
Utility Box 14 / painted utility
box / 2017
Artist: Senior Center Artists
Location: 19th Street and
Pomona Avenue
Utility Box 15 / sticker
wrapped utility box / 2017
Artist: Ben Brough
Location: 17th Street and
Santa Ana Avenue
Utility Box 16 / sticker
wrapped utility box / 2017
Artist: Marie Lavallee
Location: 19th Street and
Anaheim Avenue
Utility Box 17 / sticker
wrapped utility box / 2017
Artist: Craig Barker
Location: Adams Avenue and
Mesa Verde East
Utility Box 18 / sticker
wrapped utility box / 2017
Artist: Bill Anderson
Location: Bristol Street and
Anton Boulevard
Utility Box 19 / sticker
wrapped utility box / 2017
Artist: Segerstrom Center for
the Arts
Location: Bristol Street and
Sunflower Avenue
86 87
Utility Box 20 / sticker
wrapped utility box / 2018
Artist: The Costa Mesa
Historical Society
Location: Harbor Boulevard
and 19th Street
Utility Box 21 / sticker
wrapped utility box / 2018
Artist: The Costa Mesa
Historical Society
Location: Harbor Boulevard
and Mesa Verde Drive
Utility Box 22 / sticker
wrapped utility box / 2017
Artist: Sharon Hurd
Location: Placentia Avenue
and Goat Hill Junction
Utility Box 23 (Former) /
sticker wrapped utility box /
2018
Artist: Jason Carrougher
Location: Formerly Placentia
Avenue and 18th Street
Utility Box 24 / sticker
wrapped utility box / 2018
Artist: Orange Coast College
Location: Fairview Road and
Arlington Drive
Utility Box 25 / sticker
wrapped utility box / 2018
Artist: Orange Coast College
Location: Fairview Road and
Monitor Way
Utility Box 26 / sticker
wrapped utility box / 2018
Artist: Orange Coast College
Location: Fairview Road and
Merrimac Way
Utility Box 27 / sticker
wrapped utility box / date
unknown
Artist: Victor Briseno
Location: Hamilton Street
and Harbor Boulevard
Utility Box 29 / sticker
wrapped utility box / date
unknown
Artist: Orange County
Fairgrounds
Location: Wilson Street and
Harbor Boulevard
Utility Box 30 / sticker
wrapped utility box / date
unknown
Artist: Orange County
Fairgrounds
Location: Fair Drive
Utility Box 31 / sticker
wrapped utility box / date
unknown
Artist: Maria Reverberi
Location: Adams Avenue and
Pinecreek Drive
Utility Box 32 / sticker
wrapped utility box / date
unknown
Artist: Barbara Owens
Location: Milbro Street and
Baker Street
Utility Box 33 / sticker
wrapped utility box / date
unknown
Artist: Iriet Peshkess
Location: Baker Street and
Fairview Road
Utility Box 34 / sticker
wrapped utility box / date
unknown
Artist: Wade McDonald
Location: Paularino Avenue
and Bristol Street
Utility Box 35 / sticker
wrapped utility box / date
unknown
Artist: Al McCoy
Location: West 19th Street
and Placentia Avenue
Utility Box 36 / sticker
wrapped utility box / date
unknown
Artist: Frank Gutierrez
Location: Bristol Street and
Randolph Avenue
Utility Box 37 / sticker
wrapped utility box / date
unknown
Artist: Bill Anderson
Location: SOBECA Way and
Bristol Street
Utility Box 38 / sticker
wrapped utility box / date
unknown
Artist: Scott Kennedy
Location: West 16th Street
and Placentia Avenue
Utility Box 39 / sticker
wrapped utility box / date
unknown
Artist: Jason Maloney
Location: Bristol Street and
Baker Street
Utility Box 40 / sticker
wrapped utility box / date
unknown
Artist: Costa Mesa Historical
Preservation Society
Location: Placentia Avenue
and Fairview Park
Utility Box 41 / sticker
wrapped utility box / date
unknown
Artist: Julie Bird Mattson
Location: National Avenue
and Victoria Street
Utility Box 42 / sticker
wrapped utility box / date
unknown
Artist: Rebekah Corum
Location: Newport Boulevard
and 22nd Street
Utility Box 43 / sticker
wrapped utility box / date
unknown
Artist: Tanya Lozano
Location: Bear Street and
South Coast Drive
Utility Box 44 / sticker
wrapped utility box / date
unknown
Artist: Jeff Gillette
Location: Harbor Boulevard
and Fair Drive
Utility Box 46 / sticker
wrapped utility box / date
unknown
Artist: Bob Hogue
Location: South Coast Drive
and Harbor Boulevard
Utility Box 47 / sticker
wrapped utility box / date
unknown
Artist: Costa Mesa Historical
Preservation Society
Location: Harbor Boulevard
and Merrimac Way
Utility Box 48 / sticker
wrapped utility box / date
unknown
Artist: Marco de Jesus Nino
Location: Mesa Drive and
Newport Avenue
Utility Box 49 / sticker
wrapped utility box / 2021
Artist: Jennifer Bloomfield
Location: Newport Boulevard
and Del Mar Avenue
Utility Box 50 / sticker
wrapped utility box / date
unknown
Artist: Richard Walsh
Location: Red Hill Avenue and
Baker Street East
88 89
Utility Box 51 / sticker
wrapped utility box / date
unknown
Artist: Costa Mesa Historical
Preservation Society
Location: Newport Boulevard
and Bay Street
Utility Box 52 / sticker
wrapped utility box / date
unknown
Artist: Jeff Lee
Location: West Sunflower
Avenue and Susan Street
Utility Box 53 / sticker
wrapped utility box / date
unknown
Artist: Johnathan Schiesel
Location: American Avenue
and Victoria Street
Utility Box 54 / sticker
wrapped utility box / date
unknown
Artist: Ronald Chee
Location: Adams Avenue and
Royal Palm Drive
Utility Box 55 / sticker
wrapped utility box / date
unknown
Artist: Sonya Teymourian
Location: Superior Avenue
and Industrial Way
Utility Box 56 / sticker
wrapped utility box / date
unknown
Artist: Ana Paula Lima
Location: East 17th Street
and Newport Boulevard
Utility Box 57 / sticker
wrapped utility box / date
unknown
Artist: Britt Bastedo
Location: Harbor Boulevard
and West Bay Street
Utility Box 58 / sticker
wrapped utility box / date
unknown
Artist: Sonya Teymourian
Location: Fairview Road and
Fair Drive
Utility Box 59 / sticker
wrapped utility box / date
unknown
Artist: Bob Hogue
Location: West 19th Street
and Meyer Place
Utility Box (Former -
Unnumbered) / sticker
wrapped utility box / 2020
Artist: Bonnie Matthews
Location: Formerly Bear
Street and Baker Street
Utility Box (Former -
Unnumbered) / sticker
wrapped utility box / 2015
Artist: Bridget Bourgon
Location: Formerly 19th
Street and Harbor Boulevard
Utility Box (Former -
Unnumbered) / sticker
wrapped utility box / 2018
Artist: Chris Simmons
Location: Formerly Fairview
Road and Fair Drive
Utility Box (Former -
Unnumbered) / painted utility
box / 2015
Artist: Marilyn Scott-Waters
Location: Placentia Avenue
and 18th Street
Utility Box (Former -
Unnumbered) / sticker
wrapped utility box / date
unknown
Artist: Raising Canes
Location: Harbor Boulevard
and Baker Street
Definitions and Eligibilities from
Other Municipalities
SAMPLE PUBLIC ART IN PRIVATE DEVELOPMENT
City of San Diego:
“Artwork – An artwork may be in any style, expression, genre or media, provided that it is designed by an artist as defined herein. Artworks may be stand-alone, functional, or integrated into the architecture or landscaping and should encompass the broadest range of expression, media and materials.
Artwork includes:
Sculpture: may be made of any material or combination of materials; may be free standing, wall supported or suspended, kinetic, electronic or mechanical.
Murals or paintings: may be made of any material or variety of materials with or
without collage; may be made with traditional or non-traditional materials and
means.
Earthworks, neon, glass, organic materials (i.e., fiber, clay, wood, etc.), mosaics,
photographs, prints, literary expression, calligraphy, any combination of media, including audio, video, film, CD-ROM, DVD, holographic or computer-generated technologies, or new genres.
Artwork as defined herein may be permanent, fixed, or portable, may be an integral part of a building, facility, or structure, and may be integrated with the work of other design professionals.”
90 91
The City of Los Angeles listing of projects eligible for their Arts
Development Fee Credit, please note that the City of Los Angeles has a
broader range of cultural services eligible for compliance:
“Credits.
(b) Cultural and artistic facilities are defined as follows:
(i) Exhibit/Performance Space: Public gallery/exhibition space,
public performance spaces, Public Artistic studio spaces, Public
Arts education facilities.
(ii) Sculpture: Free standing, wall supported or suspended, kinetic,
electronic or mechanical in material or combination of materials.
(iii) Murals or portable paintings: In any materials or variety of
materials, with or without collage or the addition of non-traditional
materials and means.
(iv) Earthworks, fireworks, neon, glass, mosaics, photographs,
prints, calligraphy, any combination of forms of media, including
sound, film, holographic, and video systems, hybrids of any media
and new genres.
(v) Standardized fixtures such as grates, streetlights, signage, and
other design enhancements, as are rendered by an artist for unique
or limited editions.
(vi) Similar facilities on culture and the arts as determined by the
Cultural Affairs Department.
(c) Cultural and artistic services are defined as follows:
(i) Performing arts: Theatre, dance, music, and performance art.
(ii) Literary arts: Poetry readings and story telling.
(iii) Media arts: Film and video, screenings, and installations.
(iv) Education: Lectures, presentations, and training in and about
arts and culture.
(v) Special events: Parades, festivals, and celebrations.
(vi) Similar services on culture and the arts as determined approved
by the Cultural Affairs Department.”
Equally important is the listing of works not eligible for compliance. The following are examples
of this aspect:
City of Los Angeles:
“The following facilities, services and community amenities are ineligible costs for a credit
provided herein:
(i) Directional elements such as supergraphics, signage, or color coding except where
these elements are integral parts of the original work of art.
(ii) Art objects which are mass produced of standard design such as playground equipment,
fountains, or statuary objects.
(iii) Reproductions, by mechanical or other means, of original works of art, except in cases
of film, video, photography, printmaking or other media arts.
(iv) Decorative, ornamental, or functional elements which are designed by the building
architect as opposed to an artist commissioned for this design enhancement purpose.
(v) Landscape architecture and landscape gardening except where these elements are
designed by the artist and/or are an integral part of the work of art by the artist.
(vi) Services or utilities necessary to operate or maintain the artwork over time.”
Los Angeles County includes the following as an ineligible project to ensure the artwork
does not contain a commercial message:
“Artworks that contain a commercial message by referencing, presenting, or promoting
a product or service that is available on or off site of the subject property through text,
image, logo, trademark, or other mechanism”
Connector by Richard Serra
92 93
P.94