To: BOARD OF SUPERVISORS
From: County Counsel
Meeting Date: July 8, 2025
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Department Contact: |
Charlotte Scott |
Phone: |
707-234-6885 |
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Item Type: Consent Agenda |
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Time Allocated for Item: N/A |
Agenda Title:
title
Approval of Legal Services Agreement with Kronick, Moskovitz, Tiedmann & Girard, A Professional Corporation, for a Total of $20,000, to Provide Legal Services Related to Scott Roat vs. County of Mendocino, et al. or Any Case Which May be Filed Pertaining to Application MHRB_2024-0009, Effective Upon Execution through June 30, 2026
End
Recommended Action/Motion:
recommendation
Approve Legal Services Agreement with Kronick, Moskovitz, Tiedmann & Girard, A Professional Corporation, for a total of $20,000, to provide legal services related to Scott Roat vs. County of Mendocino, et al., or any case which may be filed pertaining to Application MHRB_2024-0009, effective upon execution through June 30, 2026; and authorize Chair to sign same.
End
Previous Board/Board Committee Actions:
On May 20, 2025, the Board approved a legal services agreement with Kronick, Moskovitz, Tiedmann & Girard, A Professional Corporation (“KMTG”) for general consultation on matters related to the California Environmental Quality Act.
Summary of Request:
County Counsel provides legal representation, advice and counsel to the County, its governing Board of Supervisors, County Departments, various special districts, and other public agencies, as mandated and authorized by California statutes and local ordinances. From time to time, the County has retained various outside law firms to provide specialized legal services and consultation.
On May 20, 2025, the Board of Supervisors heard an appeal related to MHRB_2024-0009, which involves the proposed demolition of a water tower staircase and construction of a new staircase on property located at 45040 Main Street, Mendocino, California. The application had been denied by the Mendocino Historic Review Board, but the Board of Supervisors overturned the denial and granted the application. Petitioner Scott Roat has filed a lawsuit against the County.
As part of its application, the applicant for the above permit, Main Street Mendo, LLC, signed an indemnification agreement, under which it agreed to indemnify the County from all damages and costs, including but not limited to attorney’s fees, arising out the application.
Given the department’s existing workload and the indemnification agreement of the applicant, County Counsel recommends entering into a separate agreement with KMTG specific to the defense of this lawsuit, or any case that may be filed related to the subject application. Pursuant to the indemnification agreement, the applicant has agreed to provide a deposit of $20,000 to the County to fund this proposed legal services agreement. Given the cost of litigation, it is likely that additional amounts will be required of the applicant as the case proceeds, and corresponding amendments will be brought back to the Board.
Alternative Action/Motion:
Do not approve and provide direction to staff.
Strategic Plan Priority Designation: An Effective County Government
Supervisorial District: All
Vote Requirement: 4/5ths
Supplemental Information Available Online At: N/A
Fiscal Details:
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source of funding: PS 2852-862189 |
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current f/y cost: $20,000 |
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budget clarification: N/A |
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annual recurring cost: N/A |
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budgeted in current f/y (if no, please describe): Yes |
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revenue agreement: No |
AGREEMENT/RESOLUTION/ORDINANCE APPROVED BY COUNTY COUNSEL: Yes
CEO Liaison: Executive Office
CEO Review: Yes
CEO Comments:
FOR COB USE ONLY
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Executed By: Deputy Clerk |
Final Status: Item Status |
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Date: Date Executed |
Executed Item Type: item |
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Number: |
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