REPORT TO THE CITY COUNCIL FROM: AARON A. AGUIRRE, Director Parks, After School, Recreation and Community Services Department BY: SHELBY MACNAB, Business Manager Parks, After School, Recreation and Community Services Department JENNIFER SOLIZ, Senior Management Analyst Parks, After School, Recreation and Community Services Department SUBJECT ..Title Actions Pertaining to Measure P Expanded Access to Arts and Culture: 1. Adopt a finding that the Cultural Arts Plan is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15262 2. ***RESOLUTION - Adopting the City of Fresno Cultural Arts Plan as recommended by the Parks, Recreation and Arts Commission (PRAC) (Subject to Mayor's Veto) 3. ***RESOLUTION - A Resolution of the Council of the City of Fresno Adopting the 10th Amendment to the Annual Appropriation Resolution No. 2023-185 to appropriate $194,500 for Measure P Administration Costs and $9,528,100 for grants for Expanded Access to Arts and Culture. (Requires 5 Affirmative Votes) (Subject to Mayor's Veto) 4. Approve a five-year Administrative Services Agreement with the Fresno Arts Council for the Expanded Access to Arts and Culture Grant Program for a total annual fee not to exceed 2% of Measure P Expenditure Category 4, and authorize the City Manager or designee to execute all contract related documents on behalf of the City ..Body RECOMMENDATION Staff recommends that the Fresno City Council adopt a finding of categorical exemption, and requests the adoption of the Cultural Arts Plan as recommended by the PRAC, adopt an AAR to appropriate funding into the fiscal year 2024 budget and approve a five-year Administrative Services Agreement with the Fresno Arts Council for the Expanded Access to Arts and Culture Grant Program. EXECUTIVE SUMMARY Following the passage of Measure P, the City of Fresno adopted the Fresno Clean and Safe Neighborhood Parks Tax Ordinance (Measure P) into the Fresno Municipal Code (FMC). Actions associated with this council item will enable implementation of the Expanded Access to Arts and Culture Grant Program as outlined in Measure P expenditure category four. BACKGROUND The FMC outlines expenditure categories and requirements for Measure P funds. Prior to expending funds to expand access to arts and culture as outlined in Measure P expenditure category four, the City of Fresno (City) must adopt a Cultural Arts Plan. Between June 1, 2021 and June 30, 2023 the City has received a total of $9,572,600 in deposits for expenditure category four which has remained unspent. In 2021, The City obtained the professional services of the Fresno Arts Council for the selection of a consultant to produce the Cultural Arts Plan. The Network for Culture and Arts Policy (NCAP) was selected to prepare the City of Fresno Cultural Arts Plan. The planning process began on May 24, 2022, and included a robust public engagement effort which resulted in over 4,000 public comments. NCAP worked with the Cultural Arts Subcommittee, comprised of three representatives from PRAC and the Executive Director of the Fresno Arts Council throughout the planning process. Based on foundational research and public engagement outcomes, NCAP produced a draft Cultural Arts Plan for public review which was released on May 15, 2023 for a 20-day review period. A total of 1,713 comments were received on the draft plan. On June 26, 2023 the PRAC voted to enable the Cultural Arts Subcommittee to review and redline the draft Cultural Arts Plan. On June 30, 2023, the contract with NCAP concluded. On July 17, 2023 the PRAC recommend the redline draft of the Cultural Arts Plan prepared by the Cultural Arts Subcommittee be presented to the Fresno City Council for adoption. Following the adoption of the Cultural Arts Plan text, a designed version will be prepared by the Fresno Arts Council. This item includes a five-year Administrative Services Agreement with the Fresno Arts Council for the Expanded Access to Arts and Culture Grant Program for a total annual fee not to exceed 2% of Measure P Expenditure Category 4. As the Grant Program Administrator, the Fresno Arts Council will have the delegated authority to administer the grant program on behalf of the City in partnership with the PRAC. The total fee paid to the Arts Council in year one will be $194,452. A resolution to appropriate funding into the PARCS budget for grant administration and Expanded Access to Arts and Culture grants is included with this this Council item. Funding will be transferred to the Service Provider as indicated in the terms of the Administrative Services Agreement. ENVIRONMENTAL FINDINGS CEQA Guidelines Section 15262 exempts projects involving only feasibility or planning studies for possible future action which the agency, board, or commission has not approved, adopted, or funded does not require the preparation of an EIR or Negative Declaration but does require consideration of environmental factors. The Cultural Arts Plan qualifies for this exemption because it does not propose any land use changes or rezoning, it does not commit the City to any actions set forth in the document, and it does not include funding for future project approvals. Therefore, the Plan is statutorily exempt from CEQA pursuant to CEQA Guidelines Section 15262. LOCAL PREFERENCE The Fresno Arts Council is located within the City of Fresno. FISCAL IMPACT There is no impact to the general fund. All funding associated with this item is from Measure P. A resolution is included with this item to amend a total of $9,722,600 into the PARCS Department budget for fiscal year 2024. Future appropriations for the Administrative Services Agreement will be reflected in the PARCS Department's annual budget requests. Attachments: Exhibit A - Resolution w/ attachment Cultural Arts Plan PRAC Subcommittee - Redline Exhibit B - Cultural Arts PRAC Subcommittee draft - Clean Exhibit C - Annual Appropriations Amendment Resolution Exhibit D - Administrative Services Agreement