Following a year of futile discussions with the California Department of Transportation over Lincoln Avenue sidewalk rules, Calistoga’s City Council directed staff on Tuesday to explore the concept of “air” leases to support downtown businesses’ use on the curbside.
The city is also hoping to gain some control over sidewalk uses downtown by entering an air space lease agreement with the state road agency, which has authority over the Lincoln Avenue right-of-way because it doubles as State Highway 29.
“The idea that we've discussed internally and with Caltrans is coming up with an air lease for properties along Lincoln Avenue, along the sidewalk specifically, that we would lease from Caltrans,” Greg Desmond, Calistoga’s Planning and Building Director, told the Council Tuesday. “And then, through some type of process – likely a conditional use permit or some type of administrative use permit process – we would then sublet those airspaces to business owners.”
Desmond added, “That's probably the easiest and simplest and most interesting path forward.”
The city spent the better part of last year in discussions with Caltrans regarding policy and oversight of outdoor dining pods, also known as parklets, installed on Lincoln Avenue during the COVID-19 pandemic before the council eventually voted to remove the three pods earlier this year.
Just last month the city again went to Caltrans seeking clarification on its enforcement expectations after the Calistoga Police Department received complaints that multiple businesses along Lincoln Avenue were cluttering the sidewalks with various objects, including planters, signs and tables and chairs, which some restaurants had been using to serve customers outdoors.
Maria Reznikova, owner of Maria Concetto tasting room, was cited and later fined $1,800 for having seating and other amenities in front of her business. Reznikova appealed the decision, prompting the city to, once again, turn to Caltrans for guidance.
Throughout this process, City Manager Laura Snideman said at the council meeting, it became clear to staff that the city might have less authority over the sidewalks than it had previously believed.
“This is complicated and nuanced and has been extremely difficult to sort through and sort out because there hasn't been a lot of written documentation that we can refer to about some of the questions that we've been posing to Caltrans,” Snideman told the council.
The efforts to come to an agreement with Caltrans she said, had become a multi-departmental effort, involving Calistoga Police, Public Works, Planning and Building, Calistoga Fire, and Parks and Recreation.
In seeking out the airspace lease agreement with Caltrans, the city will be wading into uncharted territory.
“We've had a lot of conversations with Caltrans about the air lease agreements, and they have never actually completed one for sidewalks,” said Public Works Director Derek Raynor. “So, this is a first for them.”
Rayner went on to explain to council members that Caltrans typically enters into airspace lease agreements for parking lots under overpasses or for vending in Caltrans’ right-of-way. Trying to facilitate an agreement with Caltrans, he warned, could be a challenge, and would prompt further intervention by the state.
“They were going to have to go back to Sacramento and talk to a bunch of higher ups to see how they could kind of conform the parking lot air lease agreement and conform that into a sidewalk agreement,” Raynor said.
Because Calistoga is in a somewhat unique situation, having its downtown on a state highway, Snideman said there are not a lot of models to follow. Calistoga, she said, would become a sort of “pilot project” for the potential sidewalk airspace lease arrangement.
“That is why we've talked about how we would likely need to engage in some type of a lobbying effort if you all wanted to expand that kind of time and effort.”
Snideman emphasized that if the city council wanted to safeguard Lincoln Avenue businesses’ ability to have tables, chairs and other outdoor, ADA compliant objects, then the city would need to change its approach.
“I think we need to stop sending feelers to Caltrans,” Snideman said. “That’s not working. We have to try something different outside of Caltrans. City staff working directly with Caltrans staff is not going to work.”
Council member Lisa Gift was on board with Snideman’s assessment.
“This is like sailing in pea soup,” Gift said. “I love the idea of lobbying. I know that there's a cost associated with that. I don't feel that as a council we always necessarily do enough to support our businesses on Main Street and I think potentially opening this up for opportunity for sidewalk dining could be another way for us to support local businesses.”
Mayor Donald Williams expressed a different view.
“It sounds like a really expensive project, and maybe a dubious one, bringing Caltrans in,” Williams said. “I’m a little reluctant to invite them in to look closely at us. Things can go sideways in ways that we don’t anticipate.”
In the meantime, while the city staff explores the possibility of an airspace lease agreement, Desmond said, the city will be referring complaints regarding placement of sidewalk seating and other objects along Lincoln Avenue to the proper enforcing agencies, including Caltrans and the California Department of Alcoholic Beverage Control.
“Along the Lincoln Avenue right-of-way, the city has no jurisdiction to allow placement of tables, chairs, bikes, carts, and so forth,” Desmond clarified. “We also cannot do any enforcement on the Lincoln Avenue right-of-way, even on the sidewalks.”
Councilmember Scott Cooper joked, “And then we wake up tomorrow to a Lincoln Avenue free for all, it might give us some more impetus to speed this process up.”
Caltrans was unable to comment on the issue before press time, but in early June, agency spokesperson Vince Jacala told the Tribune in an email that “any unauthorized personal property such as tables/chairs or planters placed by a business or other person on a sidewalk within the Caltrans right-of-way may be considered illegal encroachments subject to removal.”
He said that such encroachments could only be authorized via an airspace lease agreement, adding, “Caltrans does not enter into such agreements with individual businesses for such encroachments within sidewalk areas.”
Jacala also told the Tribune at that time that illegal encroachments within the Caltrans right-of-way could be addressed via violation notices from the agency but could also be enforced by the city or county.
