CITY OF POMONA
COUNCIL REPORT
March 20, 2023
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager
Submitted By: Benita DeFrank, Neighborhood Services Director SUBJECT: APPROVE A MASTER JOINT USE AGREEMENT BETWEEN THE CITY AND POMONA UNIFIED SCHOOL DISTRICT FOR COMMON EDUCATIONAL AND RECREATIONAL OBJECTIVES RECOMMENDATION:
It is recommended that the City Council take the following actions:
Approve the Master Joint Use Agreement and addenda for Kellogg Park and Phillips Ranch Park with a term beginning on February 16, 2023 and expiring on June 30, 2028; Authorize the City Manager to execute the agreement and any future addenda on behalf of the City, subject to review and approval as to form by the City Attorney.
EXECUTIVE SUMMARY:
The City Council will consider a Master Joint Use Agreement (MJUA) (Attachment 1) between the City of Pomona (“City”) and Pomona Unified School District (“District”) to set forth the general terms applicable to the parties' joint use of their separately owned properties to further general educational and recreational objectives of the community, including addenda to the agreement providing specific terms applicable to the use and maintenance of District property used for Kellogg Park and District property used for Phillips Ranch Park through June 30, 2028.
FISCAL IMPACT:
There is no fiscal impact with the approval of the MJUA. There may be costs associated with the approval of future addenda.
BACKGROUND:
Kellogg Park, located in north Pomona, is District property adjacent to Kellogg Polytechnic Elementary School. In 1969, the City entered into a license agreement with the District allowing the City to operate Kellogg Park as park space available to the general public under the maintenance of the City.
A portion of Phillips Ranch Park, located in south Pomona, is District property that is situated outside the fence line of Decker Elementary and adjacent to Phillips Ranch Park. The City and District have a longstanding arrangement in which the City is allowed to operate and permit activities on District property.
There have been instances in which the City and District had an interest in collaborating on space usage, but the lack of an established MJUA caused delays, inefficiencies, and missed opportunities.
DISCUSSION:
The City and District have a mutual interest in leveraging resources to provide opportunities for youth to participate in educational and recreational activities and have collaborated to draft a MJUA. The MJUA creates a basic framework for the City and District to use designated facilities and amenities on each other’s properties to benefit youth and the community. The goal is to create a more efficient and effective process to use public space owned by the City and District to benefit the community, namely youth.
On February 15, 2023, the District Board of Trustees reviewed and approved the MJUA at its school board meeting. The intent of the MJUA is to put in writing the terms and conditions of sharing facilities between the two agencies. The intent of the MJUA is to enhance programming activities with the least possible expenditure of public funds.
The MJUA would essentially permit the City to use designated District facilities and the District to use City facilities for events and programs outlined in the agreement. The agreement also establishes priority use and a facilities booking schedule. An arrangement in the MJUA has been in practice for quite some time for Kellogg Park; however, the MJUA addendum formalizes the arrangement. There are clauses in the MJUA that allow for modifications and if necessary termination for cause and termination for convenience. Each designated facility and amenity will require a separate addendum to the MJUA. The MJUA recommended for City Council approval is a combination of customized language to meet each agencies’ specific needs, as well as typical language found in other agreements.
In addition to increasing opportunities to better serve the needs of students and their families, sharing facilities will lead to greater efficiencies in cost and operations. Both agencies acknowledge the value of their collaboration and seek to memorialize their continued working relationship. Furthermore, in recognition of the unique shared arrangement between City and the District, it is the intent of both agencies that the scope of the MJUA be limited to the uses contained herein. In order to maximize the use of their facilities for the benefit of the community, the City and District will continue to provide priority access to each other, equitably share their resources, and give priority to programs that benefit youth.
Staff recommends that City Council approve the MJUA and the two addenda providing specific terms applicable to the use and maintenance of District property used for Kellogg Park and District property used for Phillips Ranch Park through June 30, 2028. The City and District intend to incorporate other locations and amenities in future addenda.
COUNCIL PRIORITIES & GOALS:
This item supports the 2021-2022 City Council Priority 1: Fiscal and Operational Responsibility – Goal B: Improve efficiency and effectiveness of City services to businesses and residents.
Prepared by:
_____________________________
Monica Belloso
Management Analyst
Attachment No. 1 - Master Joint Use Agreement
Attachment No. 2 - Facilities Addendum Kellogg Park
Attachment No. 3 - Facilities Addendum Phillips Ranch Park Approve a Master Joint Use Agreement Between the City and District