CITY OF POMONA
CITY COUNCIL
STAFF REPORT
December 15, 2025
To: Honorable Mayor and Members of the City Council
From: Anita D. Scott, City Manager
Submitted By: Ata Khan, Deputy Director of Economic and Business Affairs SUBJECT: FOURTH AMENDMENT TO INTERIM USE AGREEMENT WITH FAIRPLEX REGARDING PROCESSING OF SPECIFIC PLAN APPLICATION AND INTERIM USE OF PROPERTY RECOMMENDATION:
It is recommended that the City Council approve a Fourth Amendment to the Interim Use of Fairplex Agreement (“Agreement”) and authorize the City Manager to execute on behalf of City.
EXECUTIVE SUMMARY:
The City Council will consider a request to amend the Agreement (Attachment No. 1) with modified interim use terms and a new expiration date of December 31, 2029. The Agreement (Attachment No. 2) between the Fairplex and the City outlines Fairplex’s commitment to apply for a specific plan and the City’s commitment to process the specific plan application, including preparation of an Environmental Impact Report and an extensive public review process, in lieu of pursuing unilateral changes to the existing Fairgrounds Zoning Overlay District. It also established a Mitigation Fund to invest in public safety and infrastructure projects around the Fairplex to address impacts from activity on site, and establishes parameters for by-right and large events.
SB1439/GOVERNMENT CODE §84308 APPLICABILITY:
☐ When this box is checked, it indicates the agenda item is subject to the Levine Act SB1439 requirements. Councilmembers are reminded to check their campaign contributions and determine whether they have received a campaign contribution of $500 or more that would require disclosure and/or recusal from discussing or acting on this agenda item. Campaign contributions of $500 or more made 1) by any person or entity who is identified in the agenda report as the applicant or proposer or 2) on behalf of the applicant or participant, including a parent, subsidiary or otherwise related business entity, or 3) by any person who has a financial interest in the agenda item requires a councilmember to comply with SB1439.
FISCAL IMPACT:
This amendment would extend the sunset date of the Mitigation Fund to December 31, 2029. The City would have two years from that date (December 31, 2031) to use the funds, as stated in Section 7 (d) ii of the Agreement. The current Mitigation Fund balance (Fund 195) is $805,000. There is no significant fiscal impact associated with the Specific Plan component of the Agreement, as the Fairplex is responsible for the associated costs to prepare it, which includes environmental review.
PREVIOUS RELATED ACTION:
On July 29, 2019, City Council approved the Agreement (Attachment No. 2). The First Amendment was approved on December 21, 2020; the Second Amendment was approved on November 21, 2022; the Third Amendment was approved on August 4, 2025.
DISCUSSION
History of Interim Use Agreement
The purpose of the Agreement (Attachment No. 2) is to establish a Specific Plan to impose regulations on the Fairplex that will establish a clear development and growth strategy for the campus, and to establish regulations and a mitigation fund for events held at the Fairplex.
Fairplex submitted a Specific Plan application in February 2020. COVID-19 impacts slowed the process for several years, as the Fairplex navigated a new landscape of post-COVID-19 event planning, which was the basis of the First Amendment (Attachment No. 3). Nonetheless, the City and Fairplex have made progress, which includes selecting Impact Sciences as the environmental review consultant, and initiating pre-environmental review discussions and site surveys.
The Agreement established a revenue source to be set aside for improvements meant to mitigate impacts of the music and continued, historical year-round events, such as impacts to traffic and public safety. The Committee first met in October 2020 and now regularly meets three times per year in the months of March, June, and October on the third Wednesday of the month. The group consists of a total of nine Committee Members. Seven of the nine Committee Members are residents of the mitigation area, each of which have been appointed by a Councilmember or the Mayor. The Fairplex and Los Angeles County are represented with one member each. The latest balance is approximately $805k.
After executing a Third Amendment (Attachment No. 5) for time, the City and Fairplex have spent the last three months working through a draft amendment to the Agreement that would govern the next five years, as the Third Amendment is set to expire on December 31, 2025. This includes an updated Agreement that includes better defined terms, updates the financing mechanisms for the Mitigation Fund, and establishes protocols for traffic control.
Notable Changes in Fourth Amendment
Extends agreement to December 31, 2029
Establishes a Defined Terms section that includes definitions for the Fair, Fairplex Events Review Team (City staff), By-Right Events, NHRA Events, Large Events, Sporting Events, Traffic Control Plan, and Public Safety Plan By-Right Events are defined as less than 40,000 people in attendance, and may be conducted as-of-right, year round, without limitation on the maximum number of calendar days. This includes the Fair, NHRA Events, and Sporting Events. The threshold of 40,000 people is based on data over the last five years of peak attendance at the annual Fair.
Large Events are defined as 40,000-150,000 people in attendance, and is allowed up to eight times per year, with City Manager authority to permit three additional Large Events and reduce submittal and/or noticing requirements. In lieu of a Temporary Use Permit for each Large Event, conditions have been embedded into the agreement for traffic control, public safety, community notification, and hours and days limitations.
Adds a provision to grant the City use of the Sheraton parking lot without fee for up to 50 spaces for overflow related to the Pomona Concert Band events held at the G. Stanton Selby Bandhsell at Ganesha Park on Thursday evenings in July and August annually.
Mitigation per ticket fee has been adjusted for inflation.
Mitigation per ticket for Fair has been updated to every full price adult ticket priced over $15, inclusive of online and at-gate sales.
Fairplex and City agree to negotiate a Joint Operations Plan prior to the start of the 2026 Fair to determine set Traffic Control Plans and Public Safety Plans.
Fairplex and City agree to collaboratively share data for Large Events.
Prepared by:
Ata Khan
Deputy Director
Office of Economic and Business Affairs
ATTACHMENTS:
Attachment No. 1 - Proposed Fourth Amendment
Attachment No. 2 – Original Agreement
Attachment No. 3 – First Amendment
Attachment No. 4 – Second Amendment
Attachment No. 5 – Third Amendment
Fourth Amendment to the Interim Use Agreement for Fairplex Specific Plan