CITY OF POMONA
COUNCIL REPORT
September 21, 2026
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: PUBLIC HEARING TO CONSIDER CALTRANS RIGHT OF WAY PARTIAL ACQUISITION AT VETERANS PARK AND TEMPORARY ACQUISITION AT VACANT FREEWAY-ADJACENT CITY-OWNED LAND RECOMMENDATION:
It is recommended that the City Council take the following actions:
Open a Public Hearing and consider public testimony;
Close the Public Hearing and motion to approve:
Resolution No. 2026-113 (Attachment No. 1):
A Resolution OF THE CITY COUNCIL OF THE CITY OF POMONA, california, TO APPROVE CALTRANS RIGHT OF WAY PARTIAL ACQUISITION AT VETERANS PARK (APN 8707-019-903) AND TEMPORARY ACQUISITION AT VACANT FREEWAY-ADJACENT CITY-OWNED LAND (APN 8705-001-916); DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT A PORTION OF CERTAIN REAL PROPERTY (903 SQUARE FEET, APN 8707-019-903) IS EXEMPT SURPLUS LAND; DECLARING PURSUANT TO PUBLIC RESOURCES CODE SECTION 5404 THAT THE PROPOSED ACTION COMPLIES WITH THE PUBLIC PARK PRESERVATION ACT; AND FINDING THAT SAID ACTION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Resolution No. 2026-114 (Attachment No 2):
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, TO AMEND THE FY 2026-27 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY INCREASING REVENUE ESTIMATES AND APPROPRIATING $709,800 OF CALTRANS RIGHT OF WAY ACQUISITION SALE PROCEEDS TO “VETERANS PARK REHABILITATION” FD428 CIP PROJECT FUND | CC2590 CIP | RC243 PROCEEDS FROM SALE OF AN ASSET | CIP PROJECT PRJ-00017 (AS DEPICTED IN EXHIBIT A) EXECUTIVE SUMMARY:
Caltrans’s Division of Right of Way has presented the City with written offers to acquire portions of two City-owned properties as part of the State Route 71 (SR-71) project. The first property is a vacant City property adjacent to the SR-71 that will be temporarily acquired for a Temporary Construction Easement. The second property is Veterans Park, which will be partially acquired for a 903-square-foot fee interest, a 736-square-foot permanent footing easement, and a 1,712-square-foot temporary construction easement, all of which is located on the eastern end of the park. City staff recommends accepting the written offer of $21,800 on the first property, and the revised, negotiated written offer for $688,000 for the Veterans Park property, for a combined amount of $709,800. This price would also satisfy the requirements of the California Park Preservation Act, and the action would be consistent with State requirements for exempt surplus land. The combined amount will be placed into the Veterans Park Rehabilitation Capital Improvement Program (CIP) Project.
FISCAL IMPACT:
As part of the acquisition, Caltrans has agreed to compensate the City for a combined total amount of $709,800. This amount will be placed into currently unfunded CIP Project, Veterans Park Rehabilitation, PRJ-00017. (Exhibit A to Attachment No. 2) Project / Funding
“Veterans Park Rehabilitation” FD428 | CC2590 | RC243 | PRJ-00017 Total Project Cost Estimate
$10,000,000
Total Funded Budget (Currently in unfunded Parks projects list) $0
Appropriation of Caltrans Right of Way Acquisitions Sale Proceeds $709,800
Revised Funded Budget Total
$709,800
Remaining Unfunded Total
$9,290,200
APPLICABLE CODE SECTIONS:
Since a state agency is acquiring property (Veterans Park, currently used as a public park for a nonpark purpose), the California Public Park Preservation Act (“Act”) applies (PRC § 5400 et. Seq.). The Act requires sufficient compensation or replacement property to enable the City to replace the affected parkland and facilities, and does enable the City to use compensation towards, in this case, improving the rest of Veterans Park, which requires a public hearing and majority vote of Council.
The proposed fee conveyance to Caltrans for the 903 square foot fee simple acquisition at Veterans Park is subject to Surplus Land Act, Government Code section 54221(f)(1)(D), because it is a transfer to a state agency for its use, and requires Council to adopt written findings and a determination.
PUBLIC NOTICING REQUIREMENTS:
A public hearing is required on this matter for two reasons. First, to satisfy the requirements of the Public Park Preservation Act. Second, to satisfy the requirements of the Surplus Lands Act. The public hearing notice (Attachment No. 3) was posted on September 10, 2026, at Veterans Park, inside of City Hall, and on the sign board outside Council Chambers, at least ten calendar days prior to the public hearing.
ENVIRONMENTAL IMPACT:
The proposed action is administrative and transactional and would not, in and of itself, have the potential for causing a significant effect on the environment. This qualifies the action under Section 15061(b)(3) of the California Code of Regulations, also known as the common sense exemption under the California Environmental Quality Act (CEQA). The adopting resolution incorporates this CEQA determination.
DISCUSSION:
The California Department of Transportation (“Caltrans”) is currently executing the State Route 71 (“SR-71”) freeway widening project. According to Caltrans’ official Fact Sheet for EA 21061:
“The project includes adding one mixed flow lane and one High Occupancy Vehicle (HOV) lane in each direction on State Route 71 (SR-71) between Interstate 10 (I-10) and Mission Boulevard, converting the existing four-lane expressway to an eight-lane freeway between I-10 and Mission Boulevard. This is the last remaining segment to convert to freeway and to provide HOV lanes between I-10 and Route 91. The project also includes construction of a new ADA compliant pedestrian overcrossing (POC) at 9th Street; replacement of two railroad overhead structures; soundwalls; and landscaping/tree planting to mitigate noise impacts and to enhance aesthetics in the corridor.” Caltrans’ Division of Right of Way has issued two offers on City-owned properties as part of this project:
On April 23, 2026, Caltrans’ Division of Right of Way sent a First Written Offer (Attachment No. 4) in the amount of $21,800 for a Temporary Construction Easement at Assessor Parcel Number 8705-001-916, a vacant, City-owned property defined as a “a portion of property located adjacent to the freeway sound wall at the intersection of W. Mission Boulevard and southbound on-ramp of State Route 71 (SR-71), along the eastern side of the subject property,” (Attachment No. 2) On June 16, 2026, Caltrans’ Right of Way also sent a First Written Offer (Attachment No. 5) in the amount of $151,000 for a 903-square-foot fee interest, a 736-square-foot permanent footing easement, and a 1,712-square-foot temporary construction easement at Assessor Parcel Number 8707-019-903, a City-owned public park called Veterans Park, defined as “a portion of property located west of State Route 71, south of Union Pacific Railroad, and north of Mission Blvd.” (Attachment No. 3) After receiving both offers, the City’s Office of Economic and Business Affairs (“OEBA”) and Department of Public Works (“Public Works”) engaged Caltrans staff in a series of conversations specifically concerning the Veterans Park offer.
On August 4, 2026, the City Manager issued a letter (Attachment No. 6) to Caltrans summarizing the City’s concerns, which is that Veterans Park is an existing City owned and operated public park serving the City of Pomona residents and regional general public, and is primarily used for outdoor public soccer recreational facilities, consisting of four full-sized soccer fields. The City expressed concern that the proposed acquisition scope will require the City to adjust the layout and operation of Veterans Park to accommodate the SR-71 improvements, specifically by encroaching upon the northeastern corner of the easternmost soccer field (Field No. 4) and significantly reduce the available area between the field and the adjacent improvements, while also constraining the existing northerly access road that currently provides emergency, maintenance, and operational access to the eastern portion of the park.
On August 17, 2026, Caltrans issued a Revised First Written Offer (Attachment No. 7) in the amount of $688,000. Staff has concluded this amount is sufficient to ensure that the level of service at Veterans Park remains intact and that the compensation would cover any necessary architectural or engineering costs to make adjustments to Field 4. Staff has also analyzed the offer within the context of two important State laws that apply to this action: the Public Park Preservation Act, and the Surplus Lands Act.
Public Park Preservation Act Written Findings
The Public Park Preservation Act of 1971 (Government Code 5400-5409) (“the Act”) of the California Public Resources Code regulates real estate matters concerning public parks. Sec. 5401 states:
No city, city and county, county, public district, or agency of the state, including any division, department or agency of the state government, or public utility, shall acquire (by purchase, exchange, condemnation, or otherwise) any real property, which property is in use as a public park at the time of such acquisition, for the purpose of utilizing such property for any nonpark purpose, unless the acquiring entity pays or transfers to the legislative body of the entity operating the park sufficient compensation or land, or both, as required by the provisions of this chapter to enable the operating entity to replace the park land and the facilities thereon.
Moreover, Sec. 5404 of the Act adds a provision that enables on-site improvements to an existing public park in-lieu of identifying substitute park land, for when the proposed real estate transaction involves less than 10 percent of the total park land (which, in the case of Veterans Park, applies):
In the event that the park land and facilities are acquired, the operating entity shall acquire substitute park land and facilities. If, however, less than 10 percent of the park land, but not more than one acre, is acquired, the operating entity may, instead of acquiring substitute park land and facilities, improve the unacquired portion of the park land and facilities, using the funds received for this purpose, after holding a public hearing on the matter and upon a majority vote of its legislative body.
Sec. 5405 establishes the methodology for how the City may calculate the amount of compensation or land.
Unless the provisions of Section 5407.2 are applicable, the amount of compensation or land, or both, required by this chapter for the taking of the park land and facilities shall be equal to one of the following:
The cost of acquiring substitute park land of comparable characteristics and of substantially equal size located in an area which would allow for use of the substitute park land and facilities by generally the same persons who used the existing park land and facilities, and the cost of acquiring substitute facilities of the same type and number, plus the cost of development of such substitute park land, including the placing of such substitute facilities thereon.
Substitute park land of comparable characteristics and of substantially equal size located in an area which would allow for use of the substitute park land by generally the same persons who used the existing park land, and the cost of acquiring substitute facilities of the same type and number, plus the cost of development of such substitute park land, including the placing of such substitute facilities thereon.
Any combination of substitute park land and compensation in an amount sufficient to provide substitute park land of comparable characteristics and of substantially equal size located in an area which would allow for use of the substitute park land and facilities by generally the same persons who used the existing park land and facilities, and to provide substitute facilities of the same type and number, plus the cost of development of such substitute park land, including the placing of such substitute facilities thereon.
In the case of Veterans Park, the City applied the third methodology (subsection (c)). The following is a phrased breakdown of subsection (c) and how the Revised First Written Offer of $688,000 satisfies these requirements:
“Any combination of substitute park land and compensation…” In this case, the City is seeking compensation and not substitute new park land since the proposed changes would take place at the existing footprint of Veterans Park. “…in an amount sufficient to provide substitute park land of comparable characteristics and of substantially equal size…” The negotiated compensation will not be needed to acquire new parkland; it will be spent on additional architectural and engineering drawings to ensure that the area on and around Field 4 can be reconfigured and used, as the Caltrans acquisition would involve affecting the northeast sliver of this field. “…in an area which would allow for use of the substitute park land and facilities by generally the same persons who used the existing park land and facilities, and to provide substitute facilities of the same type and number, plus the cost of development of such substitute park land, including the placing of such substitute facilities thereon.” The redesigned park land would be in the same location as the existing fourth field and surrounding area, and Veterans Park will remain a a regional and local park with soccer facilities and the same baseline capacity for service.
Exempt Surplus Land Written Findings
Article 8 of the California Government Code (“Surplus Land Act”) regulates a public agency’s surplus land. Government Code section 54221(f)(1)(D) identifies the following scenario as qualifying of “exempt surplus land:” Surplus land that a local agency is transferring to another local, state, or federal agency, or to a third-party intermediary for future dedication for the receiving agency’s use, or to a federally recognized California Indian tribe. If the surplus land is transferred to a third-party intermediary, the receiving agency’s use must be contained in a legally binding agreement at the time of transfer to the third-party intermediary.
Caltrans’ proposed acquisition of the subject City properties meets the aforementioned criteria because it is being acquired for Caltrans’ use as part of the SR-71 project, and can therefore be considered “exempt surplus land.” To formalize this conclusion, 54221 (b) (1) of the Surplus Land Act requires that:
Land shall be declared either “surplus land” or “exempt surplus land,” as supported by written findings, before a local agency may take any action to dispose of it consistent with an agency’s policies or procedures. A local agency, on an annual basis, may declare multiple parcels as “surplus land” or “exempt surplus land.” Staff has prepared written findings declaring the proposed action as “exempt surplus land” as part of the adopting Resolution for Council consideration. Upon approval, Staff will initiate a 30-day notification to the State Department of Housing and Community Development (“HCD) and will not take any action with Caltrans prior to the completion of this notification and consultation process.
COUNCIL PRIORITIES & GOALS:
The approval of this action supports Goal C of Priority 2 (Dedication to Infrastructure and Enhancement of Community Assets), which is to “rehabilitate and maintain park and recreation facilities as community assets.” CHILDREN, YOUTH, AND FAMILY IMPACT:
The approval of this action supports the continued use of Veterans Park as a City-owned public park and will continue to provide a public benefit to children and youth.
Prepared by:
Ata Khan
Deputy Director of Economic and Business Affairs
ATTACHMENT(S):
Attachment No. 1 – City Council Resolution 2026-113 (Contract Approval and Findings) with Exhibits A and B Attachment No. 2 – City Council Resolution 2026-114 (CIP Appropriation) with Exhibit A Attachment No. 3 – Copy of Public Hearing Notice
Attachment No. 4 -- First Written Offer (Vacant Lot) (Exhibit B to Attachment No. 1) Attachment No. 5 -- First Written Offer (Veterans Park) Attachment No. 6 -- City Letter Responding to First Written Offer (Veterans Park) Attachment No. 7 -- Revised First Written Offer (Veterans Park) (Exhibit A to Attachment No.1) Caltrans Acquisition at Veterans Park and City-Owned Land for SR-71 Widening