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Council directs staff to pursue control of Lincoln Avenue sidewalks from Caltrans; seeks costs and timeline

2487511 · February 26, 2025
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Summary

After hearing options from staff and business owners, the council asked staff to pursue ownership or long-term control of the Lincoln Avenue sidewalks (currently Caltrans right of way), explore amending the encroachment agreement as an interim approach, and return with cost and timeline estimates.

Calistoga — The Calistoga City Council on Feb. 25 directed staff to pursue a path toward local control of Lincoln Avenue sidewalks, currently in Caltrans right of way, and asked for analysis of costs, timelines and interim options.

Assistant City Manager Mitch Celaya summarized options the city explored with Caltrans: (1) seek Caltrans to transfer or delegate right-of-way control (described in the meeting as taking “control” of the right of way), a process Caltrans staff estimated could take two to three years; (2) pursue a new type of Caltrans lease (an "air lease") that would give the city management rights but would also likely take one to two years to negotiate; or (3) amend the city’s existing Caltrans encroachment agreement to allow the city to issue permits authorizing certain commercial activities on sidewalks. Celaya said the encroachment amendment could be quicker but that Caltrans had not yet provided a firm determination and staff would need to pursue formal review.

Celaya told council Caltrans indicated it did not anticipate a purchase price for delegating rights but said the process requires substantive review by state staff. Local business representatives urged action. Eric Reichert of the Calistoga Chamber of Commerce said local rules are “preventing us from using our downtown the way it should be used” and urged transfer of control. Rick Kaiser, a Lincoln Avenue business owner, presented a petition signed by 34 local businesses asking the city to acquire the sidewalks and said business leases for sidewalk space could fund maintenance and repairs.

Council members discussed interim and long-term approaches. Some favored starting with an amendment to the encroachment agreement if it would provide useful authority quickly while pursuing a long-term transfer of rights; others said full control (ownership or delegation of rights) is the only sure way to enable the range of sidewalk uses the council wishes to allow. Council asked staff to return with likely costs (including legal review), a timeline for each option and recommended interim steps staff could take while negotiating with Caltrans.

Why it matters: Lincoln Avenue is the city’s main commercial corridor. Caltrans control over the sidewalks limits the city’s ability to permit outdoor dining, displays and other commercial uses that council members and business owners say would help downtown vibrancy and economic activity.

What’s next: Staff will open formal conversations with Caltrans, seek a more detailed timeline and cost estimate, examine the legal and insurance implications, and report back to council. Staff will also analyze whether amending the existing encroachment agreement can be a viable interim solution.