REPORT TO THE CITY COUNCIL
FROM: AARON A. AGUIRRE, Director
Parks, After School, Recreation and Community Services Department
SHELBY MACNAB, Assistant Director
Parks, After School, Recreation and Community Services Department
BY: ELIZABETH FRAIRE, Business Manager
Parks, After School, Recreation and Community Services Department
SUBJECT
Title
Actions pertaining to the Parks, After School Recreation and Community Services Department’s (PARCS) maintenance and operation of the McKinley Peace Garden located at 2743 East McKinley Avenue (Council District 7):
1. Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 of the California Environmental Quality Act (CEQA) Guidelines
2. Approve the Landscape Maintenance Agreement (LMA) between the City of Fresno and the California Department of Transportation (Caltrans) for Maintenance of the community garden for a term of 10 years
3. Approve the Transportation Art Maintenance Agreement (TAMA) between the City of Fresno and Caltrans to outline maintenance responsibilities associated with art located in the McKinley Peace Garden
4. Authorize the City Manager or Designee to execute the Agreements and sign all related documents on the behalf of the City
Body
RECOMMENDATIONS
Staff are requesting that the City Council adopt the Categorical Exemption pursuant to Section 15301/Class 1 (Existing Facilities) of CEQA Guidelines; approve both agreements with Caltrans for the maintenance of art and landscape at the McKinley Peace Garden; and authorize the City Manager to sign the agreements and all related documents.
EXECUTIVE SUMMARY
Staff are presenting a Categorical Exemption pursuant to Section 15301/Class 1(Existing Facilities) of CEQA Guidelines for Council’s adoption. Additionally, staff are requesting authority to enter into two agreements with Caltrans for the maintenance of art and landscape at the McKinley Peace Garden, a community garden located at 2743 E. McKinley Avenue, Fresno, CA 93703. The garden will provide 18 garden planter boxes available to the community as well as other amenities.
BACKGROUND
On July 27, 2023 a letter was submitted to Caltrans indicating the City’s intent to enter into an agreement for maintenance of the State Route-41 McKinley Community Garden Project, now referred to as “McKinley Peace Garden”. The McKinley Peace Garden is located at 2743 East McKinley Avenue and construction was funded by the Clean California Grant Program. The McKinley Peace Garden includes 18 community garden planter boxes, a picnic shelter, parking, restrooms, community art, garden storage and benches. The City currently operates and maintains three (3) other community gardens citywide. The addition of this location will make community gardening more accessible to Central Fresno residents. The term of the landscape maintenance agreement is ten (10) years.
The agreements include roles and responsibilities for the maintenance of the McKinley Peace Garden. The LMA is presented in its final form for approval. The TAMA is presented substantially as to form and will be finalized by Caltrans Headquarters as part of their standard process. Council’s approval of this item will allow the project to move toward opening to the community in early 2026.
ENVIRONMENTAL FINDINGS
The City of Fresno is entering into agreements pertaining to the McKinley Peace Garden that will be fully constructed. The City will be responsible for the maintenance of the McKinley Peace Garden which is outlined in the LMA and TMA agreements. The maintenance of the community garden is comprised of 18 community garden planter boxes, a picnic shelter, parking, restrooms, community art, garden storage and benches.
Under CEQA Section 15301/Class 1, the proposed project is exempt from CEQA requirements when the project consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The key consideration is whether the project involves negligible or no expansion of use.
None of the exceptions to Categorical Exemptions outlined in the CEQA Guidelines, Section 15300.2 apply to the project. Furthermore, the proposed project is not expected to have a significant effect on the environment. A categorical exemption, as noted above, has been prepared for the project and the area is not environmentally sensitive.
LOCAL PREFERENCE
Local preference is not applicable since this item will not include a bid or award of a construction or services contract.
FISCAL IMPACT
Under these Agreements, the City of Fresno PARCS Department will be responsible for funding the operation and maintenance of McKinley Peace Garden. Staff anticipate maintenance and operations costs to total $52,500 per year. A total of $52,500 was included in the FY26 budget adopted by Council.
Attachments:
CEQA Categorical Exemption
Landscape Maintenance Agreement (LMA)
Transportation Art Maintenance Agreement (TAMA)
McKinley Peace Garden Map