HomeMy WebLinkAboutResolution 15501 (Joint Quiet Zone Agreement)RESOLUTION NO. 15501
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ESTABLISHING A JOINT QUIET ZONE
AND DESIGNATING THE COUNTY OF SONOMA AS LEAD AUTHORITY FOR PURPOSES
OF ESTABLISHING THE JOINT QUIET ZONE; CEQA DETERMINATION: EXEMPT
WHEREAS, the Sonoma-Marin Area Rail Transit District ("SMART") has completed railway
improvements in SMART-owned right of way traversing Marin and Sonoma Counties ("SMART Rail
Line") and is currently operating commuter rail service in both counties; and
WHEREAS, effective May 2017, San Rafael and Novato have jointly established a Marin County quiet
zone (as defined in 49 C.F.R. Part 222) that applies to the SMART Rail Line in the jurisdiction of such
cities, and the portion of the Marin County from the crossing at Rush Creek Place in Novato to the
Fourth Street crossing in San Rafael ("Marin Joint Quiet Zone"); and
WHEREAS, effective December 2019, the Quiet Zone area in Marin was extended when the Larkspur
extension was opened to include Third Street to Andersen Drive crossing in San Rafael; and
WHEREAS, effective December 2020, the City of San Rafael acquired property from SMART that
encompassed the Jacoby Street crossing, thus making it a public crossing and allowing the Marin
Quiet Zone area to be completely included in the Quiet Zone ending at the southern terminus at
Jacoby Street; and
WHEREAS, the Federal Rail Authority ("FRA") considers the Marin Joint Quiet Zone to consist of
three separate Quiet Zones for reporting purposes based on the extensions received; and
WHEREAS, effective November 2017, Sonoma County ("County"), Cotati, and Rohnert Park have
jointly established a quiet zone (as defined in 49 C.F.R. Part 222) that applies to the SMART Rail Line
in the jurisdiction of such cities, and the portion of the county from the crossing at Ely Road to the
northern terminus thereof at Aviation Boulevard ("Sonoma Joint Quiet Zone"); and
WHEREAS, the Sonoma Quiet Zone extends from milepost 42.20 on the SMART Rail Line at Ely to
milepost 50.80 at West Robles Avenue south of Santa Rosa and again from milepost 49.05 north of
Santa Rosa to milepost 59.38 south of Windsor; and
WHEREAS, effective May 2017, Petaluma has established its own quiet zone under 49 C.F.R. Part
222.39(a)(3) within its jurisdictional boundaries, from milepost 41.10 at approximately Corona Road
to milepost 37.77 at approximately Caulfield Lane ("Petaluma Quiet Zone"); and
WHEREAS, on July 1, 2024, the City of Petaluma City Council designated Sonoma County as the lead
authority and authorized the execution of an agreement establishing a Joint Quiet Zone throughout
Sonoma County and agreeing to terminate the Petaluma Quiet Zone; and
WHEREAS, FRA regulations refer to this risk level as the Risk Index with Horns and under FRA
regulations, quiet zones must begin and end at publicly owned rail crossings; and
WHEREAS, there is currently a gap in Quiet Zone between Petaluma’s northern jurisdiction at
Caulfield Lane and the Marin Joint Quiet Zone in Novato at Rush Place due to FRA rules governing
the beginning and endpoints of quiet zones; and
WHEREAS, the County of Sonoma desires to create an uninterrupted quiet zone that applies to the
entirety of the SMART Rail Line in Sonoma County (except for the portion of the SMART Rail Line in
the City of Santa Rosa), including the southern portion of Sonoma County; and
WHEREAS, the Marin Joint Quiet Zone would need to be modified or terminated in order to have an
uninterrupted Quiet Zone in Sonoma and Marin counties; and
WHEREAS, the Parties understand and agree that safety measures installed at the public and private
crossing in Sonoma and Marin County Quiet Zones and outside the Joint Quiet Zone (the "Added
Quiet Zone Crossings") are such that the Added Quiet Zone Crossings are eligible for inclusion in a
quiet zone pursuant to 49 C.F.R. §222.39(a)(3) because they have a risk level equivalent to the risk
level with horns, and that, as a result, no additional safety measures are required to incorporate the
Added Quiet Zone Crossings into the Amended Joint Quiet Zone; and
WHEREAS, 49 C.F.R. §222.37(a) authorizes a single public entity ("Lead Authority") to establish a
single quiet zone that includes crossings located within its own jurisdictional boundaries and also
qualified crossings located in adjacent and other public authorities' jurisdictions; and
WHEREAS, Sonoma County has agreed to act and serve as the Lead Authority for the purpose of
establishing a single quiet zone extending from Santa Rosa to San Rafael in accordance with the
terms and conditions of this Agreement; and
WHEREAS, according to the FRA regulations, agencies acting as Lead Authority perform only
administrative responsibilities and Lead Authorities do not assume responsibility for liability arising
out of the operation of rail crossings covered by a quiet zone but located in another jurisdiction; and
WHEREAS, Sonoma County intends, upon the grant of permission by San Rafael and Novato, to file
an amended notice of intent to establish a quiet zone which shall include the current portions of the
Marin Joint Quiet Zone, and portions of the SMART Rail Line in Rohnert Park, Cotati, Petaluma,
unincorporated Sonoma County; and
WHEREAS, the amended notice of intent to establish a quiet zone that Sonoma County intends to
file in accordance with the Agreement will extend from milepost 50.80 at approximately West Robles
Boulevard to milepost 15.6 at approximately Jacoby Street; and
WHEREAS, the quiet zone to be established pursuant to this Agreement ("Joint Quiet Zone") is
depicted, and the U.S Department of Transportation Crossing Inventory numbers and the street or
highway name of the crossings in the Joint Quiet Zone are listed in Exhibit “B”, which is made a part
of this Agreement; and
WHEREAS, Sonoma County has already established an agreement with the County of Marin, as
required to allow the quiet zone that applies to the entirety of the SMART Rail Line within Sonoma
and Marin Counties without interruption (except for the portion of the SMART Rail Line in the City of
Santa Rosa); and
WHEREAS, San Rafael is agreeable to cooperating with Sonoma County to achieve the Parties'
mutual quiet zone goals and desires that Sonoma County act as the Lead Authority in establishing
the Joint Quiet Zone depicted in Exhibit "A," which is part of this Agreement and supports designating
Sonoma County as Lead Authority for purposes of establishing the Joint Quiet Zone to include
crossings located within Marin County jurisdictional boundaries in accordance with the terms and
conditions of this Agreement; and
WHEREAS, San Rafael and Novato plan to sign a joint agreement with Sonoma County to establish
the joint quiet zone and simultaneously dissolving the Marin quiet zone; and
WHEREAS, this action is exempt from the requirements of the California Environmental Quality Act
(CEQA) in accordance with CEQA Guidelines Section 15378 as executing an agreement with
Sonoma County to combine the Sonoma and Marin joint quiet zones does not meet CEQA's definition
of a "project" because it does not have the potential to result in either a direct physical change in the
environment or a reasonably foreseeable indirect physical change in the environment as the
necessary safety measures to qualify for a quiet zone are already in place, and no additional safety
measures are anticipated; and
WHEREAS, even if this action were considered a project, it would still be exempt from CEQA
review pursuant to CEQA Guidelines Section 15301 (Existing Facilities), 15303 (New Construction
of Small Structures), and 15304 (Minor Alterations to Land) as combining the Sonoma and Marin
joint quiet zones would not lead to any physical changes to the environment, and any potential
changes would involve constructing minor structures on existing facilities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
1. The foregoing recitals are true and correct.
2. Finds that This action is exempt from the requirements of the California Environmental
Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378 as executing an
agreement with Sonoma County to combine the Marin and Sonoma Joint quiet zones
does not meet CEQA's definition of a "project" because it does not have the potential to
result in either a direct physical change in the environment or a reasonably foreseeable
indirect physical change in the environment as the necessary safety measures to qualify
for a quiet zone are already in place, and no additional safety measures are anticipated.
3. And even if this action were considered a project, it would still be exempt from CEQA
review pursuant to CEQA Guidelines Section 15301 (Existing Facilities), 15303 (New
Construction of Small Structures), and 15304 (Minor Alterations to Land) as extending
the quiet zone in Petaluma would not lead to any physical changes to the environment,
and any potential changes would involve constructing minor structures on existing
facilities.
4. Execute an Agreement to Establish a Joint Quiet Zone and Delegate Authority to the
County of Sonoma as Lead Authority for Purposes of Establishing the Joint Quiet Zone,
attached hereto and incorporated into this resolution as Exhibit 1.
5. Authorizes the City Manager to terminate the existing Marin Joint Quiet Zone with the
Federal Railroad Administration simultaneously with the establishment of the Joint Quiet
Zone, attached hereto and incorporated into this resolution as Attachment 2.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly
and regularly introduced and adopted at a regular meeting of the City Council of said City on Tuesday,
the 20th day of January 2026, by the following vote, to wit:
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
_____________________
Lindsay Lara, City Clerk
429850.1 1
AGREEMENT TO ESTABLISH JOINT QUIET ZONE AND
DELEGATING AUTHORITY TO COUNTY OF SONOMA
This agreement (Agreement) is entered into as of the date of execution by the last signatory hereto,
by and amongst the County of Sonoma, a political subdivision of the State of California
(“County”), the City of San Rafael, a California charter city (“San Rafael”), and the City of Novato,
a California general law city (“Novato”).
RECITALS
WHEREAS, the Sonoma-Marin Area Rail Transit District (“SMART”) is has completed railway
improvements in Marin and Sonoma Counties and is currently operating commuter rail service
in both Counties.
WHEREAS, SMART’s railroad right of way passes through Marin County and Sonoma County,
and inter alia, the Marin County cities of Novato and San Rafael, and the Sonoma County Cities
of Petaluma, Cotati, and Rohnert Park. The County, Cotati, and Rohnert Park have jointly
established a quiet zone (as defined in 49 C.F.R. Part 222) in all the jurisdiction of such cities,
and the portion of the county from the crossing at Eli Road in Rohnert Park, CA, to the northern
terminus thereof at Aviation Boulevard, excluding portion that passes through and is under the
jurisdiction of the City of Santa Rosa (“Joint Quiet Zone”).
WHEREAS, San Rafael, in cooperation with the County of Marin and Novato, has established a
quiet zone beginning in Novato, continuing through certain portions of unincorporated Marin
County, and terminating in the City of San Rafael. Novato has assigned to San Rafael the
responsibility for the quiet zone through its jurisdictional territory, and therefor San Rafael has
authority to act with respect to portions of its quiet zone within the boundaries of Novato for the
purposes of the existing quiet zone; the consent of the County of Marin with respect to the
intended Joint Quiet Zone is the subject of a separate agreement.
WHEREAS, San Rafael, Novato, and the County (the “Parties”) desire to create a single quiet
zone through Sonoma County and Marin County to the Jacoby Street crossing within the
jurisdictional boundaries of San Rafael in order for the quiet zone to encompass the entire length
of the southern portion of Sonoma County without leaving any crossings outside the coverage of
either the Joint Quiet Zone or the Marin County quiet zone.
WHEREAS, 49 C.F.R. §222.37(a) authorizes a single public entity (“Lead Authority”) to
establish a single quiet zone that includes crossings located within its own jurisdictional
boundaries and also qualified crossings located in adjacent and other public authorities’
jurisdictions, and the County has agreed to act and serve as the Lead Authority for that purpose
in establishing the single quiet zone under the terms and conditions set forth in this Agreement.
The Federal Railroad Administration (“FRA”) sees the role of a Lead Authority as one performing
only administrative responsibilities. A public entity that takes on the duties of a Lead Authority
429850.1 2
under these circumstances does not thereby assume responsibility for liabilities arising out of the
operation of crossings covered by a quiet zone but located in another jurisdiction.
WHEREAS, the County of Sonoma intends, upon the grant of permission by San Rafael and
Novato to so file, file an amended notice of intent to establish a quiet zone, which shall include
the currently extant portions of the County, including Rohnert Park and Cotati, and add the area
of the City of Petaluma and the surrounding portions of the County and add the portion of Marin
County from the Sonoma County Line to crossing at Jacoby Street within the boundaries of San
Rafael.
WHEREAS, the cities of San Rafael and Novato are agreeable to and desire that County act as
the Lead Authority in establishing the quiet zone covering the area depicted on Exhibit “A” (the
Joint Quiet Zone, as revised) and delegate to County the authority to establish the Joint Quiet
Zone under the terms and conditions set forth in this Agreement.
Now therefore, the parties agree as follows:
AGREEMENT
1. County agrees to act as Lead Authority and take all those steps prescribed in 49 C.F.R. Part
222 necessary to establish and/or modify the Joint Quiet Zone as identified in Attachment A.
2. San Rafael consents to County acting as the Lead Authority and, to the extent that the Joint
Quiet Zone includes crossings within the jurisdictional boundaries of San Rafael, pursuant to 49
C.F.R. §222.37(a), delegates to County the authority to establish the Joint Quiet Zone.
3. Novato consents to County acting as the Lead Authority and, to the extent that the Joint
Quiet Zone includes crossings within the jurisdictional boundaries of Novato and, pursuant to 49
C.F.R. §222.37(a), delegates to County the authority to establish the Joint Quiet Zone.
4. Notwithstanding County’s agreement to act as Lead Authority for the purposes described
herein, County shall not be responsible for and shall not be deemed to assume any responsibility
for any liabilities arising out of the maintenance, upgrade, operation, and/or repair of any of the
crossings included within the Joint Quiet Zone and located within the County of Marin, including
within the municipal boundaries of the City of San Rafael or the City of Novato. Notwithstanding
the delegation by San Rafael and Novato to County of the authority to initiate and prosecute to
completion the procedural steps necessary to establish the Joint Quiet Zone, neither Novato nor
San Rafael shall be responsible for or be deemed to assume any responsibility for any liabilities
arising out of the maintenance, upgrade, operation, and/or repair of any of the crossings included
within the Joint Quiet Zone but located outside their jurisdictional boundaries.
5. The Parties understand that it may become necessary to revise or rescind and resubmit the
Notice of Intent if any changes to the Joint Quiet Zone become necessary or advisable. County
shall be authorized to act on behalf of San Rafael and Novato pursuant to 49 C.F.R. §222.37(a) to
revise or rescind and resubmit the Notice of Intent upon written consent by each party hereto to
the change. By its signature hereto, San Rafael and Novato each consent to the amendment and
429850.1 3
resubmission of the Notice of Intent in order to redesignate the area of the Joint Quiet Zone to
include all portions of the Marin County Quiet Zone from the Marin/Sonoma County line south
through the Jacoby Street Crossing in San Rafael.
6. County shall timely prosecute the amendment/resubmission of the Joint Quiet Zone to a
successful conclusion such that the Joint Quiet Zone is reestablished to include the area set forth
in Attachment 1 hereto and the routine use of locomotive horns must cease within the meaning of
49 C.F.R. §222.45 within 180 days after the execution of this Agreement, to the extent that such
is within the reasonable control of the County.
7. San Rafael agrees to terminate its existing quiet zones, in such form as is required by the
FRA, to be effective at 11:59 p.m. on the day prior to the effective date of the reestablished Joint
Quiet Zone over the area described in Attachment A. County shall coordinate with San Rafael
regarding termination date to ensure no break between the existing and Joint Quiet Zone
effectiveness beyond that which is necessary to comply with any applicable FRA procedures. If
at any time the County or FRA determines that the Joint Quiet Zone must or should be terminated,
County agrees to cooperate with Novato and San Rafael in any efforts of the City reestablish a
quiet zone within their own jurisdictional boundaries, and shall make all reasonable efforts to
coordinate the termination of the Joint Quiet Zone with the reestablishment of the Marin County
Quiet Zone, in order to eliminate or minimize any lapse of coverage of an effective quiet zone
within the boundaries of the Marin County quiet zone as it exists as of the date of this Agreement.
8. Each party shall bear their own costs related to the establishment of the Joint Quiet Zone,
including all staff and counsel time expended in furtherance thereof, and the costs of any
improvements undertaken to prepare any portion of the Joint Quiet Zone area for inclusion therein.
In no event shall any party be required by this Agreement to undertake any improvements outside
the areas of responsibility as specifically identified on Exhibit “A” hereto, or to fund or reimburse
any other party hereto for improvements made outside such delineated areas.
IN WITNESS WHEREOF, the parties hereto execute this Agreement on the date(s) indicated
below.
COUNTY OF SONOMA:
________________________________
By: Supervisor Rebecca Hermosillo,
Chair of the Board of Supervisors
Approved as to form for County:
__________________
Deputy County Counsel
CITY OF SAN RAFAEL:
429850.1 4
________________________________
By: Mayor Kate Colin
Approved as to form for City of San Rafael:
__________________
City Attorney
CITY OF NOVATO:
________________________________
By: Mayor Rachel Farac
Approved as to form for City of Novato
__________________
City Attorney
*Private crossings may not all be shown on map
Exhibit B:
List of U.S. DOT Crossing Inventory Numbers Within Marin Quiet Zone
Crossing
Number Road/Station Name Crossing Type M.P. Jurisdiction
498665X West Robles Avenue Public 50.8 Sonoma County
498670U Todd Road Public 50.3 Sonoma County
498671B Scenic Avenue Public 49.05 Sonoma County
498673P Golf Course Drive Public 48.5 Rohnert Park
498674W Rohnert Park Expressway Public 47.4 Rohnert Park
859165Y
Rohnert Park PED X-ING
(N of Copeland Ck) Public Ped Xing 46.97 Rohnert Park
859165Y
Rohnert Park PED X-ING
(S of Copeland Ck) Public Ped Xing 46.97 Rohnert Park
498675D Southwest Blvd Public 46.8 Rohnert Park
498676K East Cotati Avenue Public 46.1 Cotati
498677S East Railroad Avenue Public 44.5 Sonoma County
498678Y Old Adobe Road Public 43.6 Sonoma County
498679F
Main St/ Woodward Ave/
Petaluma Hill Rd Public 43.3 Sonoma County
498680A Ely Road N Public 42.2 Sonoma County
498681G Corona Road Public 41.1 Petaluma
498682N N.McDowell Blvd Public 40.7 Petaluma
498683V South Point Blvd Public 40.4 Petaluma
498685J W.Payran Street Public 39.2 Petaluma
498686R PR 50 Cedar Grove Private 38.98 Petaluma
498687X Lakeville Road Public 38.8 Petaluma
498688E Washington Street Public 38.6 Petaluma
498689L East “D” Street Public 38.5 Petaluma
498692U Caulfield Lane Public 37.77 Petaluma
943166J SMART Haystack xing 2 Private 37.44 Sonoma County
943165C SMART Haystack xing 1 Private 37.22 Sonoma County
498696W PR 53 Landing Way Private 36.37 Sonoma County
859330G PR 54 Tribe North Private 35.81 Sonoma County
498697D PR 55 Tribe South Private 35.5 Sonoma County
498698K PR 56 Gambini/Roselady Private 35.1 Sonoma County
498700J PR 57 Neil's Island Private 33.74 Marin County
498701R PR 58 Hunting Lodge Private 32.8 Marin County
498702X PR 59 Redwood Landfill Private 31.89 Marin County
863494E PR 60 Miramonte/ Burdell1 Private 31.33 Marin County
863496T Rush Creek Place Public 28.5 Novato
859201S Golden Gate Place Private 28.35 Novato
863497A Olive Avenue Public 28.1 Novato
863498G Grant Avenue Public 27.9 Novato
863539J Franklin Underpass Public Ped Xing 27.46 Novato
859166F Rowland 1, 2 Private 26.99 Novato
863491J Hanna Ranch Road Public 25.9 Novato
859323W Bel Marin Keys Public 25.46 Novato
863501M Roblar Drive Public 24.5 Novato
863502U Hamilton Parkway Public 24.12 Novato
863503B State Access Public Ped Xing 23.9 Novato
863507D St. Vincent Private 21.75 Marin County
943173U Miller Station Private 21.3 Marin County
859205U Smith Ranch Road Public 20.97 San Rafael
863510L North Avenue Private 20.85 San Rafael
863511T Civic Center Drive Public 19.7 San Rafael
863513G Las Gallinas Public Ped Xing 19.3 San Rafael
863514N North San Pedro Road Public 18.8 San Rafael
863516C Paloma Avenue Public 17.4 San Rafael
863517J Pacheco Street Public 17.3 San Rafael
863518R Mission Avenue Public 17.1 San Rafael
863519X 5th Avenue Public 17.05 San Rafael
863520S 4th Street Public 17 San Rafael
863521Y 3rd Street Public 16.9 San Rafael
863522F 2nd Street Public 16.89 San Rafael
977925L Francisco Blvd. West Public 16.52 San Rafael
863527P Andersen Drive Public 16.1 San Rafael
943171F Jacoby Street Public 15.6 San Rafael