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Santa Rosa Council delegates negotiation of Jennings rail crossing agreements with SMART
Summary
After years of public advocacy, the council unanimously authorized staff to finish negotiated license, construction and funding agreements with SMART for the Jennings rail crossing, narrowing liability language and adding mediation steps while requiring city‑attorney signoff before execution.
The Santa Rosa City Council voted unanimously to authorize the city manager to negotiate and execute a property license, construction agreement and funding agreement with SMART to advance the Jennings rail crossing project.
City staff told the council the agreements incorporate changes to limit the city’s exposure to broad defense obligations and to provide mediation and arbitration opportunities before SMART pursues settlements. As staff described the negotiations, “Smart estaba dispuesto a ajustar el lenguaje” in the license to narrow the scope of potential negligence claims and to make the city’s liability more defensible, a staff presenter said during the briefing.
The presentation summarized a multi‑year effort and recent procedural milestones: an administrative‑law judge ordered updates and monitoring dates (including an Oct. 9 status conference, a Nov. 24 update and an in‑person status on Dec. 7), and staff said the draft license and related construction and funding attachments are intended to address council concerns raised in prior reviews.
Public commenters who advocated for reopening the crossing said the project is long overdue and will improve safe walking and bicycling connections. Several residents voiced caution about terms that might allow SMART to close the crossing or shift costs to the city. “Lo más preocupante es que Smart se está reservando el derecho de cerrar el cruce de nuevo, incluso después de que la ciudad y otros hayan gastado 4,000,000 de dólares o más en él,” one resident warned during public comment.
Council members discussed legal risk and the city’s negotiating posture. Staff recommended approval of the draft language and asked the council to delegate authority to the manager to finalize agreements subject to city‑attorney approval; council members approved the motion without dissent. The motion directs staff to return any executed agreements to SMART’s board(s) for their consideration.
Next steps: staff will complete final edits with the city attorney, the manager will execute agreements under the authorized delegation, and the executed documents will be submitted to SMART’s governance bodies for their review and action.
