To: BOARD OF SUPERVISORS
From: County Counsel
Meeting Date: November 3, 2026
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Department Contact: |
Katharine Elliott |
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 First Amendment to BOS Agreement No. 25-123 with Kronick, Moskovitz, Tiedemann & Girard, A Professional Corporation, in the Amount of $17,018 for a New Agreement Total of $37,018 and Extension of Term from June 30, 2026, to December 31, 2026, to Continue 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
Vote Requirement: 4/5ths
End
Recommended Action/Motion:
recommendation
Approve first amendment to BOS Agreement No. 25-123 with Kronick, Moskovitz, Tiedemann & Girard, A Professional Corporation, in the amount of $17,018 for a new Agreement total of $37,018 and extension of term from June 30, 2026, to December 31, 2026, to continue 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; and authorize Chair to sign same.
End
Previous Board/Board Committee Actions:
The Board approved Agreement No. 25-123 on July 8, 2025.
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; a second case was later filed by the Mendocino Preservation Fund.
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 amending Agreement No. 25-123 with KMTG to continue to provide counsel specific to defense of the lawsuits related to the subject application. Pursuant to the indemnification agreement, the applicant has provided an additional deposit of $17,018 to the County to fund this legal services agreement.
Alternative Action/Motion:
Do not approve and provide direction to staff.
Strategic Plan Priority Designation: An Effective County Government
Supervisorial District: All
Supplemental Information Available Online At: N/A
Fiscal Details:
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source of funding: PS 2582-862189 |
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current f/y cost: $141 (FY 25/26-$36,876.62) |
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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: N/A |
AGREEMENT/RESOLUTION/ORDINANCE APPROVED BY COUNTY COUNSEL: Yes
CEO Liaison: Megan Shandel, Deputy CEO
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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