CITY OF SEBASTOPOL CITY COUNCIL
AGENDA ITEM REPORT FOR MEETING OF: October 7, 2025
=========================================================================================== To: Honorable Mayor and City Councilmembers
From: Toni Bertolero, Public Works Engineer
Subject: Quitclaim Deed for Landscape Easement at 6921 and 6941 Bodega Avenue =========================================================================================== RECOMMENDATION:
That the City Council adopt a resolution approving the Quitclaim Deed for a Landscape Easement located at 6921 and 6941 Bodega Avenue.
EXECUTIVE SUMMARY:
The City holds a landscape easement over portions of two parcels, APN 004-054-011 and -019 (see site map, Attachment 4) for the Westamerica bank drive-through building located at 6921 Bodega Avenue. The second parcel, located at 6941 Bodega Avenue is vacant. The landscape easement was established in 1993. There is some landscaping at this location, presumably installed by the owner at that time. The landscaping is also maintained by the property owner.
The owner has recently processed a Lot Line Adjustment (see Attachment 4) that modifies the property lines for the two parcels to better accommodate future development. The unique and challenging vehicular site ingress and egress coupled with the easement, create a situation with an unworkably small potential building envelope.
The use of the two parcels will remain as they do currently until such time future development/redevelopment is proposed by the owner.
BACKGROUND AND DISCUSSION:
An easement exists, held by the City of Sebastopol, over portions of two parcels for the purpose of construction, improvement, maintenance and repairs of landscaping (see Attachment 2) for the Westamerica Bank building located at 6921 Bodega Avenue. This easement was established in 1993 and has never been acted on by the City.
This easement does not establish a right-of-way, a view corridor, or any type of public access; it is solely for landscaping improvements that have never been installed. In order to allow the property owner the ability to potentially improve the parcels, a request was made for the City to relinquish and abandon this easement.
A Quitclaim Deed (Attachment 2) has been requested by the owner, for the City to quitclaim its interest in the landscape easement. The Owner is processing a lot line adjustment (LLA) to realign two existing parcels in order to facilitate future improvement and development and relinquishment of the landscape easement will better accommodate the owner’s (potential) future development.
STAFF ANALYSIS:
The LLA is entirely contained within the bounds of two parcels with shared ownership and shall have no impact to adjacent or nearby parcels. Acknowledging the unique and challenging existing access and egress circumstances, the proposed new alignment will create two Zoning Ordinance area-compliant parcels while allowing for potential future development of the vacant parcel. The use of the parcels will remain as they do currently; one will be vacant and the other will continue as a bank. The existing vegetation in the easement will also remain until such time future development occurs on this site (see Letter from owner’s representative, Attachment 5).
Agenda Item Number 8
Agenda Item Number 8
City Council Meeting Packet for October 7, 2025
The existence of the easement disallows the orderly development of the parcel and will allow potential improvements that comply with current City downtown zoning and development standards. The unique and challenging vehicular site ingress and egress coupled with the easement, create a situation with an unworkably small potential building envelope.
CITY COUNCIL GOALS/PRIORITIES/ AND OR GENERAL PLAN CONSISTENCY:
This agenda item represents the City Council goals/priorities as follows: None.
This agenda item represents the City Council General Plan Consistency:
Government Code section 65402 states in relevant part that the disposition of real property must go to the planning agency to making a finding about conformity with the general plan. Since an easement is literally an interest in another’s property, it is likely that a landscape easement would be considered real property. However, vacating a landscape easement does not qualify as a disposition of property because a right to landscape does not constitute a right to control property, therefore this finding does not need Planning Commission action.
FISCAL IMPACT:
There is no fiscal impact with this approval.
COMMUNITY OUTREACH:
This item has been noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. The City has also used social media to promote and advertise the City Council Meeting Agenda Items.
As of the writing of this agenda item report, the City has not received any public comment. However, if staff receives public comment from interested parties following the publication and distribution of this agenda item report, such comments will be provided to the City Council as supplemental materials before or at the meeting.
RESTATED RECOMMENDATION:
That the City Council adopt a resolution approving the Quitclaim Deed for a Landscape Easement located at 6921 and 6941 Bodega Avenue.
CITY COUNCIL OPTION(S):
City Council could choose not to adopt the Resolution approving the Quitclaim Deed and give further direction to staff.
ATTACHMENTS:
1-Resolution
2-Quitclaim Deed (proposed)
3 -Existing Landscape Easement
4-Site Map and LLA
Agenda Item Number 8
Agenda Item Number 8
City Council Meeting Packet for October 7, 2025
APPROVALS:
Department Head Responsible for Agenda Item: Approval Date: 9/29/25 CEQA Determination (Community Development/Planning): Approval Date: 9/23/25 The proposed action is Exempt from CEQA pursuant to §15061(3) under the “common sense” exemption.
Administrative Services (Financial): Approval Date: N/A Costs authorized in City Approved Budget: ☐ Yes ☐ No N/A
City Attorney Approval Approval Date: 9/29/25
City Manager Approval: Approval Date: 9/29/25
Agenda Item Number 8
Agenda Item Number 8
City Council Meeting Packet for October 7, 2025
RESOLUTION NO. ####-2025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTOPOL APPROVING QUITCLAIM DEED FOR LANDSCAPE EASEMENT AT 6921 and 6941 BODEGA AVENUE WHEREAS, the City Council is considering a Quitclaim Deed for a landscape easement as described in Easement Deed recorded under Document Number 1993-0161096; and
WHEREAS, if the Quitclaim Deed is executed, the City would extinguish all rights and interests in a landscaping easement at 6921 and 6941 Bodega Avenue.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sebastopol does hereby:
1. Finds and determines that the above recitals are true and correct and incorporated herein by reference.
2. Finds that executing a Quitclaim Deed to extinguish easement rights for 6921 and 6941 Bodega Avenue conforms with the City’s adopted General Plan.
3. Approves the Quitclaim Deed for 6921 and 6941 Bodega Avenue, attached as Exhibit A; and
4. Authorizes the Interim City Manager to execute the Quitclaim Deed, subject to approval as to form by the City Attorney and subject to minor revisions and clarifications of the City Attorney that do not otherwise modify the City’s obligations; and
5. Authorizes the Interim City Manager to take any other related actions consistent with the intent of the resolution on behalf of the City.
The above and foregoing Resolution was duly passed, approved, and adopted at a meeting by the City Council on the 7th day of October 2025.
I, the undersigned, hereby certify that the foregoing Resolution was duly adopted by the City of Sebastopol City Council by the following vote:
VOTE:
Ayes:
Noes:
Abstain:
Absent:
APPROVED: _______________________________________
Mayor Stephen Zollman
ATTEST: _______________________________________________________________ Mary Gourley, Interim City Manager/City Clerk, MMC
APPROVED AS TO FORM: __________________________________________________ Alex Mog, City Attorney
Attachment: Exhibit A-Quitclaim Deed
Agenda Item Number 8
Agenda Item Number 8
City Council Meeting Packet for October 7, 2025
WHEN RECORDED MAIL TO:
City of Sebastopol
7120 Bodega Avenue
Sebastopol, Ca. 95472
Quitclaim Deed
City of Sebastopol Affecting Assessor Parcel Nos. 004-054-011; 004-054-019 [X] Recording of this document is exempt from SB2 filing fee under Government Code Section 27388.1(a)(1).
THE UNDERSIGNED DOES HERBY DECLARE:
FOR NO CONSIDERATION, The City Of Sebastopol, a Municipal Corporation, hereby Quitclaims any and all rights and interest in its entirety the Easement as described under that Document titled Easement Deed and recorded under Document Number 1993-0161096, Sonoma County Records. See said document for more particulars and description of easement area.
Certificate of Acceptance
This is to certify that the interest in real property conveyed above is hereby accepted by order of the Council of the City of Sebastopol pursuant to Council Resolution/Ordinance No. , Dated , 2025,
and consents to recordation thereof by its duly authorized officer.
City of Sebastopol, A Municipal Corporation
By: Dated:
City Manager
Agenda
Exhibit A
Item Number 8
Agenda Item Number 8
City Council Meeting Packet for October 7, 2025
NOTARY PUBLIC CERTIFICATE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certification is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Sonoma )
City of Sebastopol )
On before me
Personally appeared
who provide to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public
Agenda Item Number 8
Agenda Item Number 8
City Council Meeting Packet for October 7, 2025
Agenda Item Number 8
Agenda Item Number 8
City Council Meeting Packet for October 7, 2025
Agenda Item Number 8
Agenda Item Number 8
City Council Meeting Packet for October 7, 2025
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Agenda Item Number 8
Agenda Item Number 8
City Council Meeting Packet for October 7, 2025
P AT R I C K S L A Y T E R A R C H I T E C T
C AL I F O R N I A R E G I S T R A T I O N N U M B E R C 3 0 7 0 0 P O S T O F F I C E B O X 9 4 1
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P S a t S L A Y T E R A R C H I T E C T . C O M
September 24, 2025 Project 22.01
Project Owner
Westamerica Bank
Project Address
6921/6941 Bodega Avenue
Sebastopol, CA
Assessor Parcel Numbers: 004 - 054 - 019 / 004 - 054 - 011 RE: 2025-017
Easement Vacation
Dear City Officials,
Regarding our request for the City to vacate the existing landscape easement over the properties located at 6921 and 6941 Bodega Avenue, we felt providing a brief history and clarifying the owner’s intent would be a positive action.
During initial fact finding and study of the properties, a never-acted-upon easement for the right of entry, possession, improvement, maintenance, and repairs of landscaping was discovered (Easement Deed 1993 0161096). This discovery was unexpected; both the owners and City staff were unaware of its existence, and the reason for the establishment of this easement is lost to time. This easement is limited to these purposes and does not establish public access, right-of-way, view corridor, or any other type of public use; it is simply for landscaping improvements that have never been installed.
The eastern portion of the site features existing vegetation, a low maintenance mix of ground cover and a variety of small trees. This vegetation was installed many years ago by the owner, not the City, and continues to be maintained by the owner, not the City. The owners acknowledge the existing vegetation on the site can be viewed as a public amenity; a pocket of green in Sebastopol’s downtown.
To potentially improve the parcels in accordance with current City documents (principally, siting buildings at the back of sidewalks, and locating vehicular circulation and parking behind buildings) the removal of the existing landscape easement is requested. The removal of this encumbrance will allow a reasonable and appropriate building envelope while providing logical site circulation in an area of unique vehicular movement challenges.
The owners intend to maintain the existing vegetation in its prevailing form until such time when improvement plans are developed. There is no current intent, or desire, to change the existing situation absent a future improvement application.
Please contact my office should additional questions arise regarding this application.
Patrick Slayter, Architect C30700
Agenda Item Number 8
Agenda Item Number 8
City Council Meeting Packet for October 7, 2025
Agenda Item Number 8
Agenda Item Number 8
City Council Meeting Packet for October 7, 2025
Agenda Item Number 8
Agenda Item Number 8
City Council Meeting Packet for October 7, 2025