The Santa Rosa City Council unanimously approved a motion delegating authority to the city manager to negotiate and execute a real‑property license, construction agreement and funding agreement with Smart for the Jennings rail crossing, after a multi‑year effort and extended public testimony.

City staff told the council the agreements reflect revisions to liability and defense language that narrow the city’s exposure and create arbitration/mediation steps before settlements. The staff presentation noted specific draft changes to sections 14, 15 and 16 of the license that separate negligence and misconduct, limit blanket defense obligations and preserve the city’s ability to participate in settlement decisions. "...el lenguaje que se encuentra ahí permite que la ciudad tenga una voz en la mesa cuando es un momento de liquidar ese 2 casos," city staff stated during the presentation.

The item followed months of negotiation and an administrative hearing in 2025 that led the administrative judge to direct the parties to confer. Dozens of residents and advocates addressed the council during public comment. Longtime neighborhood speakers and cycling advocates urged approval to restore a crossing that residents said had been closed since 2015 and is critical for pedestrian and bicycle access. Several public speakers warned that SMART had previously delayed or abandoned work and urged stronger contractual protections so the city would not be left to finish costly construction alone.

Council members pressed staff on prior SMART agreements in other jurisdictions and asked whether the revised language was commonly accepted. Staff said past agreements varied and that the proposed language reduced city risk compared with earlier drafts. In discussion, Councilmember Álvarez said the city would accept a measured, reduced risk to advance a crossing long requested by the community; Councilmember Fleming seconded the motion. The council’s motion authorized the city manager to negotiate and execute the agreements "as presented," subject to the City Attorney’s approval, and to return executed agreements to SMART for board consideration. The city clerk recorded the vote as unanimous.

Next steps include the city manager completing the negotiated documents, the City Attorney’s final review, and submission of the executed agreements to SMART’s board for its consideration. Staff noted that a missing adjacency exhibit and a small set of clarifying documents will be provided to the council as the negotiations conclude.