Santa Rosa Council approves agreements to advance Jennings Avenue rail crossing after years of negotiation

Santa Rosa’s City Council voted unanimously to authorize the city manager to negotiate and execute a real property license agreement and a construction funding agreement that will advance the long‑pending Jennings Avenue bicycle and pedestrian crossing.

Assistant City Manager Jason Nutt said staff negotiated key contract changes with SMART that limit the city’s legal exposure. “The but for language is removed,” he told the council, adding that the revised draft clarifies liability carve‑outs for sole negligence, gross negligence and willful misconduct and narrows the geographic “license area” that would create city responsibilities.

Why it matters: Residents and advocates have pressed the city for a safe, direct route across the tracks for decades. Backers said the agreement and the construction funding path now put the project on a feasible timeline while providing the city more input on settlements and a path to arbitration in certain claims.

What the council approved: The motion delegated authority to the city manager to finalize and sign both the real property license agreement and the construction and funding agreement in substantially the form presented, subject to City Attorney review. The vote was unanimous.

Public reaction: Dozens of residents and transportation advocates urged the council to move forward. James (public commenter) said the California Public Utilities Commission previously ruled the improved crossing could be safe; others, including long‑time neighborhood residents and bike advocates, described the crossing as essential to connectivity and safety.

City staff cautioned the council the construction funding agreement does not include the mutual indemnification the city sought; SMART did not agree to reinsert the mutual indemnity language. Nutt said contractors and professional staff will list the city as an additional insured, which offers protection during construction, and the revised language gives the city a stronger voice in settlements than earlier drafts.

Next steps: Staff will return executed agreements to the SMART Board of Directors for consideration and continue required filings with the California Public Utilities Commission. Councilmembers and staff said they hope the revised agreements allow construction to proceed without further lengthy delays.

Ending: With the Council’s unanimous approval, the city will pursue execution of the agreements and seek SMART’s board acceptance so construction can move forward.