County Notes (September 16, 2021)

UNBELIEVABLY, THE SHERIFF’S LAWSUIT against the County/Board of Supervisors continues into its second month.

Item 9d on next Tuesday’s Board agenda: “Pursuant to Government Code Section 54956.9(d)(1) - Conference with Legal Counsel - Existing Litigation: One Case - Mendocino County Sheriff Matthew Kendall v. Mendocino County Board of Supervisors - Case No. 21-cv00561.”

“According to the case records, various legal declarations and documents have been submitted recently by Darcie Antle (the CEO’s budget officer), Travis Forrester (the Sheriff’s computer guy), Juanita Dreiling (the Sheriff’s budget person), and Underdsheriff Darren Brewster, as well as flash drives full of legal stuff from County Counsel Christian Curtis. 

Previouly, declarations have been submitted by the Sheriff himself, Christian Curtis, Janelle Rau, and Doug Losak., One of the documents submitted on September 1 was entitled: “Board of Supervisor's Position Regarding the Conflict of Interest Issues and Response Regarding the Budget.”

But we are not going to pay $10 to read it because 1: who cares? and 2. The issue is ongoing so their “position” has obviously not mollified the Sheriff or his lawyers. The next hearing is now set for September 13 and is called “Continued Ex Parte Hearing re: Conflict of interest and appt of atty.”

Here’s a list of documents that this wasteful farce has so far produced:

• Declaration of Matthew Kendall
• Declaration of Duncan James in Support of Motion
• Notice of Motion for an Exparte Order
• Memorandum of Points & Authoritiesin support of Motion for an Order
• Ex Parte Application for an exparte order
• Declaration re: Notice Upon Exparte Application for Order
• Proof of Serviceof Proposed Order re: Conflict of Interest and Appointment of Counsel
• Opposition to Petition and Request for Continuance
• Declaration of Christian Curtis in Opposition to Exparte Application of Sheriff Matt Kendal
• Request
• 07/30/21 MINS
• Court Reporter Services < 1 hr
• Declaration
• Declaration
• Proof of Service
• 08/04/21 MINS
• County's Response re: an Ethical Wall and Selection of Counsel
• Report on Board Action Regarding Existence of Conflicts
• Declaration of Christian M. Curtis
• Declaration of Janelle Rau
• Request for Judicial Notice
• Proof of Service
• Court Reporter Services < 1 hr
• Report
• Declaration
• Declaration
• Declaration
• Declaration
• Request
• Memorandum of Points & Authorities
• Objection - No Fee
• Exhibits Lodged By:
• Proof of Service
• 08/19/21 MINS
• Request for Court Reporter
• 08/23/21 MINS
• Court Reporter Services < 1 hr
• Proof of Service
• Request for Judicial Notice - Filed by County Counsel
• Regarding the Conflict of Interest Issues and Response Regarding the Budget
• Declaration of Darcie Antle
• Declaration of Travis Forrester
• Declaration of Douglas L. Losak
• Request for Judicial Notice
• Declaration of Juanita Dreiling
• Declaration of Undersheriff Darren Brewster
• Sheriff's Supplemental Memorandum of Points & Authorities
• Exhibit 1 To Request For Judicial Notice - Flash Drive Submitted

* * *

Item 4j on the CONSENT Calendar (!) is “Approval of Retroactive Amendment to BOS Agreement No. 21-086 with Colantuono, Highsmith & Whatley, PC, Increasing the Total Compensation by [a whopping] $250,000 (!) For a New Total of $300,000 for Legal Services”

And what does the County intend to pay this law firm $250,000 more for?

“Litigation legal services, advisory and representation services … with respect to the lawsuit ‘Ezekial Flatten, et al. v. Bruce Smith, et al.,” (a Mendocino Court case) and “Anne Marie Borges, et al., v. County of Mendocino, et al.” (a federal case).

Despite Supervisor Mulheren’s recent declaration that all agenda items will have a budget note about where the money is coming from, there’s no such note here (or anywhere else on the agenda, for that matter). 

It’s interesting that the County is handing off both these cases to expensive outside counsel together as one combined item. We don’t know what the connection between Mr. Flatten’s case is with the Borges case (other than they both involve marijuana). Flatten is suing the County in the outgroth of the well-publicized shakedown of pot growers on Highway 101 by a couple of Rohnert Park cops. Borges is suing over an allegation that the County singled her and her husband out for a pot raid on the Boonville Road back in 2018 that destroyed their pot garden even though they were nearly legal with the County.

Closed session Item 9b: “Pursuant to Government Code Section 54956.8 - Conference with Real Property Negotiator - Property: APN 002-080-39; Physical Address - 195 Low Gap Road, Ukiah CA 95482. Agency Negotiators: Carmel J. Angelo, Janelle Rau, and Darcie Antle. Under negotiation: Property Acquisition, Price and Terms.”

THE COUNTY never announces why it’s looking for the new buildings it hides in closed session, even though the purpose or reason for wanting a building is hardly a closed session subject, only the property negotiations. The address mentioned is a (former?) church a few blocks from the County admin center on Low Gap Road and is described by its owner as: “We are a local church here in Ukiah. We have a passion to REACH the lost, REFRESH the weary and RESTORE the broken of our community and surrounding communities.”

Mendo has not given a reason for purchasing the (apparently former) Foursquare church (which is still apparently active nearby around the corner on Bush Street in Ukiah.

* * * 

And another mystery acquisition: Item 9c: “Pursuant to Government Code Section 54956.8 - Conference with Real Property Negotiator - Property: APN 003-130-46; Physical Address – 1101 So. Dora St., Ukiah CA 95482. Agency Negotiators: Carmel J. Angelo, Janelle Rau, and Darcie Antle. Under negotiation: Property Acquisition, Price and Terms.”

From Re/Max: “Rarely available office building featuring a large welcoming lobby, updated flooring, and spacious 4,128 Square Feet. Property has always been used as a medical office with a waiting area, exam rooms, lab, front and back offices, and multiple bathrooms. Ideal for medical office or professional service. Highly visible corner location with ample onsite parking on a large 0.4 acre lot. (Formerly the NorCal Dermatology Medical Surgical Cosmetic Center.)”