Commission Meeting

Thursday, February 26, 2026

Executive Summary

- The Chairwoman announced the RE2 even-year election item (mayoral election cycle shift to August/November) was deferred to April 9 after the commission refused to consolidate it with commission election timing; a ballot deadline of May 22 puts the next two commission meetings on a hard clock for resolution. - RE6 — a $400,000 racial discrimination settlement against Police Chief Morales — failed to pass at the prior meeting (2–3), was re-agendized, debated at length, and ultimately a motion to settle received only one second (Escalona) but the vote record is unclear; the city attorney warned 32 federal counts creates full fee-shifting exposure likely exceeding $1.2 million at trial; no final binding action was taken. - The commission entered a shade meeting (attorney-client session) post-recess on the Ball & Chain federal litigation (Fuller et al. v. City of Miami, Case No. 23-CV-24251-FAM, S.D. Fla.) involving prior verdicts totaling $76 million; public comment warned this is "lawsuit No. 4" in that series. - PZ1 passed unanimously — vacation of Northeast 64th Terrace in the Upper East Side over significant constituent opposition, with Commissioner King defending a $1 million community benefit payment held by District 5 for traffic mitigation. - Three first-reading ordinances advanced (FR2, FR3 passed; FR1 Whistleblower/Civil Service Board item indefinitely deferred); PZ7 (affordable housing density upzoning) deferred to April 9. ---

Key Actions & Votes

PI-1 — Urban Development Boundary (UDB) Support Resolution

The ask: Resolution urging Miami-Dade County to uphold Mayor Levine Cava's veto of a proposed CDMP text amendment expanding the UDB; urging the Florida Legislature to oppose legislation weakening the UDB Miami-Dade Charter protections; directing City Clerk to transmit to designated officials. Vote: Unanimous (5–0) Procedural notes: Pocket item; read into record at . ---

PI-2 — Noise Waiver / Extended Alcohol Sales for Special Events

The ask: Noise waiver under City Code §§36-4, 36-5 and extension of alcohol sales to 5 a.m. under City Code §4-3(B) for events in NRD-1 (Wynwood) and Magic City Innovation District: - Winter Music Conference: March 25–29, 2026 - Formula One Grand Prix: April 30–May 3, 2026 - FIFA World Cup: June 11–14 and July 16–19, 2026 - Art Basel: December 3–6, 2026 - New Year's Eve: December 31, 2026–January 1, 2027 Vote: Unanimous (5–0) Procedural notes: Pocket item; read into record at . ---

PH1–2 — Public Hearing Items

Vote: Unanimous (5–0) Procedural notes: No items pulled for discussion. ---

RE2 — Even-Year Elections (Mayoral Cycle)

The ask: Charter amendment to move the mayoral election from 2029 to 2028, aligning with even-year August primary / November general cycle; sponsored by Mayor Higgins. Vote: DEFERRED to April 9, 2026 — Unanimous motion to defer Key reasoning: Commissioner Pardo objected to August primary timing: "The turnout in August is about 18 to 20 percent, which is our current turnout in the city of Miami. So, it kind of goes in a very different direction than what we've been working on for two years." He advocated November/December cycle with ~69–70% turnout. Estimated additional cost of November approach: approximately $500,000. Mayor Higgins defended August: "The supervisor of elections is required by state law at no cost to our city to run two elections a year... All of the notice, all those things are carried out by the supervisor of elections, no cost to the city." Warned November first-round leads to December runoff with voter exhaustion and supervisor capacity problems; the supervisor noted early voting in December may be difficult in even years. Supervisor of Elections general counsel Oren Rosenthal appeared on behalf of Supervisor (who was out of town): fully supports August/November alignment; opposes separating mayor and commission election cycles, noting commission-only elections historically drew 10–12% vs. 20% when mayor was on the ballot. Commissioner Escalona opposed separate mayoral election: "I believe we should keep the elections as we did before, us with the mayor." Commissioner Gabela questioned year: "I'm not for the year... Since it's the mayor's item, I'd love to hear the mayor's thoughts on this." Ballot deadline: May 22, 2026 per Supervisor of Elections. Stronger Miami coalition context: Speakers claimed 20,000 petition signatures supporting comprehensive charter reform (expanded commission, redistricting standards, even-year elections). Gabela disputed the count: "They have 7,203 certified signatures as of today." Coalition urged commissioners not to wait; commission did not engage the broader charter reform package. ---

RE4 — Virtual Inspections

Vote: Unanimous (5–0) as part of RE1, 3, 4, 5, 7 bloc Post-vote note: Mayor Higgins commented on the record that Miami-Dade County has successfully operated virtual inspections using Teams/WhatsApp; recommended cross-training with county staff for items including roofing, solar, A/C, pools. City Manager Reyes confirmed shadowing county staff is already planned. [1:06:22–1:07:03] Sponsors: Co-sponsored by Mayor Higgins, Commissioner Pardo, Commissioner Rosado, Commissioner Escalona. ---

RE6 — Settlement, Alleged Racial Discrimination by Police Chief Morales

The ask: Approval of $400,000 settlement of civil claims alleging racial discrimination against Police Chief Manuel Morales. Prior meeting (February 12): motion approved 2–3 (Gabela and Escalona in favor; Pardo, Rosado, King opposed) — no action taken. Vote (this meeting): No binding action. Re-agendized at a colleague's request . Motion to settle made by Chairwoman King; seconded by Escalona; Rosado objected and refused to second. Vote called — apparent 2-in-favor outcome noted at ("For one" — ambiguous transcript notation). Item unresolved; city attorney confirmed trial is imminent. Individual positions: - King (for settlement): "We settle cases almost every Commission meeting... This one has extenuating facts and personalities that otherwise would settle... I'm not gonna change that." [1:37:14–1:38:38] - Escalona (for settlement; seconded): Supported on fiscal grounds; seconded King's motion. - Gabela (for settlement, on record): "My number one question is, how much is it going to cost to get us to trial?... If George Wysong tells me the odds are high that we're going to lose and we end up paying attorney's fees and the settlement could be in excess of $1.2 million, then I say let's settle for $400,000." [1:01:43–1:02:13] Ultimately agreed to go with Rosado on principle but wished to state for the record: "If we lose and it turns out we pay in the millions, I want to be clear with the taxpayer." - Rosado (against settlement): "To me, injustice anywhere is a threat to justice everywhere. I think a vote to settle this case is a vote for sweeping this under the rug." - Pardo (against settlement; requested deferral): "I'd actually like to request a deferral and I would strongly encourage you all to read this." City Attorney warning on record: 32 counts in federal court; one jury finding triggers full fee-shifting; total exposure at trial likely exceeds settlement amount. "We would end up paying probably as much or more in attorneys fees than we would in the settlement." Police Chief Morales (present): After the vote, offered that the Office of Equal Opportunity and Diversity Programs (a unit separate from MPD) could conduct a full investigation with public findings, "accomplishing both transparency for our community and limiting the liability." [1:33:04–1:33:32] Procedural flag: City Attorney stated after failed first motion that "essentially no action" was taken; a colleague (Gabela) requested the item be re-agendized. City Attorney: "Whether you vote up or down, we just need a vote one way or the other." [0:58:45–0:58:57]. Trial date has not been officially set but the court was notified settlement was rejected and attorneys were directed to calendar trial. ---

SR1 — Renaming Simon Bolivar Park to Fisherman's Park (Second Reading)

The ask: Second and final reading of ordinance amending Chapter 38, Article 1, §38-30 of the City Code, renaming 8,219 sq. ft. of city-owned real property at 1 SW South River Drive from Simon Bolivar Park to Fisherman's Park; directing City Manager to effectuate the renaming. Vote: Unanimous Procedural notes: Second reading; ordinance is now effective. Ordinance amends City Code §38-30. ---

FR1 — Civil Service Whistleblower Complaint Procedure (First Reading)

The ask: First reading of ordinance amending Chapter 40, Article 3, §128 of City Code to establish §40-128(C), creating a Civil Service Board hearing process for Florida Whistleblower Act complaints. Vote: INDEFINITELY DEFERRED — unanimous Key reasoning: City Attorney Wysong: "The city does provide whistleblower protection. Actually, the state provides whistleblower protection per statute, and our city code civil service board also provides whistleblower protection. In our opinion, this is not necessary." Commission deferred to allow Civil Service Board chair/general counsel to appear and explain the board's rationale. Commissioner Pardo committed to meeting with the Civil Service Board chair. ---

FR2 — Unsolicited Proposals Ordinance Amendment (First Reading)

The ask: First reading amending Chapter 18, Article 3, §18-119 of City Code (Procurement Ordinance) to clarify evaluation process for unsolicited proposals and require presentation to the Commission. Substitution adopted requiring City Manager to notify the relevant district commissioner within 15 days of receipt of an unsolicited proposal (30 days if project spans multiple districts); district commissioner approval triggers full Commission notification. Vote: Unanimous (5–0) as part of FR2/FR3 bloc ---

FR3 — Interfaith Advisory Council (First Reading)

The ask: First reading amending Chapter 2, Article 10, Division 9, §§2-1121 through 2-1139 of City Code to establish an Interfaith Advisory Council; states purpose, powers, duties, composition, appointment requirements, officers, procedures, meetings, quorum, staff support. Vote: Unanimous (5–0) as part of FR2/FR3 bloc Context: Pastor Thompson (African American Council of Christian Clergy) appeared in support during public comment, citing the council's value for community relations and mayoral advisory functions. Sponsor: Chair King (FL1). ---

PZ1 — Vacation of NE 64th Terrace (Upper East Side)

The ask: Approval of street vacation of Northeast 64th Terrace — a one-way public right-of-way held in trust by the city with reversionary rights to abutting property owners — to enable assembly of 17 lots into a large mixed-use development (337 units, described as "two square blocks"). Community benefit: $1 million to District 5 for traffic mitigation. Vote: Unanimous (5–0) Key reasoning from Commissioner King (District 5): "The street is held in trust by the city for the developer... We're not giving the street to the developers. The street belongs to the developers." [1:19:35, 1:23:20] Noted prior community misinformation that the street would not be closed; acknowledged she was initially misinformed. Increased community benefit payment from $500,000 to $1 million: "For the aggravation of this misinformation that we received... to mitigate unintended consequences." Director of Resilience and Public Works Santana confirmed: the right-of-way was dedicated in the original subdivision for perpetual public use with a reversionary right to original subdividers/successors; city does not hold it in fee simple. Opposition on record (public comment): - Residents cited 40:4 opposition vote at January 28 town hall. - Elvis Cruz: lot size exceeds 141,000 sq. ft. vs. Miami 21's 40,000 sq. ft. maximum — "more than three and a half times the legal limit." ; noted bar complaint filed against applicant's attorney. - Deborah Stander: land value of vacated street estimated $1.4 million; upside development capacity from T5R to T6A upzoning (approved late 2024) not publicly quantified; community benefit payments fluctuated from $200,000 to $500,000 to $1 million without public vetting. [0:24:06–0:25:45] Commissioner Rosado: Announced intent to vote no before discussion. Did not vote no — voted aye. ---

PZ8 — Appeal of Historic Preservation Board Condition, 411 NE 69th Street (Palm Grove)

The ask: Appeal of Historic Preservation Board (HEPA) condition requiring clay barrel tile roof on a city-funded affordable housing unit at 411 NE 69th Street in the Palm Grove Historic District. Department of Housing and Community Development (acting as owner-developer) sought permission to use an asphalt shingle roof. Construction cost difference: approximately $20,000–$25,000 increase for barrel tiles. Project: 3-bed/2-bath, ~1,400 sq. ft., funded with General Obligation Bonds, sale price ~$300,000. Vote: Unanimous — appeal GRANTED Key reasoning: Commissioner King (District 5): Surrounding structures in Palm Grove use shingle roofs. City attorney confirmed Miami 21 does not require barrel tiles at this location. Housing Director Victor Turner: shingle roof will not take away from historic character of neighborhood. ---

DI-1 — Police Chief Succession Plan

The ask: Discussion item; no action vote. Status update on succession timeline for Chief Manuel Morales. City Manager Reyes on record: An appointed police chief will be named prior to the transition beginning; transition begins three months before Morales's retirement in October 2026; successor will be named before that three-month window opens. [1:31:26–1:32:15] Context: Family of Evelyn Valdez (killed June 14, 2025 by officer's round during Wynwood police-involved shooting on her 28th birthday) appeared during public comment calling for accountability and transparency. Officers returned to duty 13 days post-incident; FDLE investigation concluded without resolution communicated to family. [0:33:44–0:37:11] Brother Jose Valdez urged the commission to use the chief selection to prioritize accountability, community trust, and ethical use-of-force policies. ---

Shade Meeting — Fuller et al. v. City of Miami (Ball & Chain Litigation)

Item: Attorney-client session convened under §286.011(8), Fla. Stat. re: William O. Fuller, Martin Pena II, The Barlington Group LLC, Coyote Marketplace LLC, and related entities v. City of Miami, Case No. 23-CV-24251-FAM (S.D. Fla.). Participants: All five commissioners; City Manager Reyes; City Attorney Wysong; Deputy City Attorney Kevin R. Jones; Asst. City Attorney Supervisor Eric Eaves; outside counsel Raquel A. Rodriguez, Esq.; Angel Cortinez, Esq.; Jonathan Caskill, Esq. Certified court reporter present; transcript sealed until conclusion of litigation. Requested by: City Attorney on February 12, 2026. Session commenced approximately 1:35 p.m.; concluded before meeting reconvened. Public comment context (Billy Corbin, filmmaker): Stated city is 0–3 in prior Ball & Chain lawsuits — $63.5 million (Verdict 1), $12.5 million (Verdict 2), and a third involving attempted property seizure/demolition (Verdict 3). Warned this fourth action "will cost the city over $100 million." Also flagged that former Commissioner Joe Carollo, while advocating against plaintiffs during prior proceedings, was simultaneously a plaintiff seeking a $1.5 million settlement from the city, constituting an undisclosed conflict of interest. [0:31:33–0:33:24] ---

Regulatory & Compliance Flags

| Item | Code Section / Ordinance | Action | |------|--------------------------|--------| | SR1 | City Code §38-30 (Parks & Recreation General) | ENACTED — Simon Bolivar Park renamed to Fisherman's Park, 1 SW South River Drive (8,219 sq. ft.) | | FR2 | City Code §18-119 (Procurement — Unsolicited Proposals) | First reading passed — 15-day district commissioner notification requirement added; second reading required | | FR3 | City Code §§2-1121 to 2-1139 (Administration — Boards) | First reading passed — Interfaith Advisory Council established; second reading required | | FR1 | City Code §40-128 (Personnel — Whistleblower) | Indefinitely deferred — redundancy with existing state/city protections per City Attorney | | PZ5 | Miami 21 Ordinance No. 13114, Art. 6 | ENACTED (2nd reading, as substituted) — auto-related commercial regs; threshold clarified to >25 vehicles | | PZ1 | Public right-of-way vacation, NE 64th Terrace | Approved — reversionary right-of-way returned to abutting owner; $1M community benefit to District 5 | | PZ6 | Miami 21 — vessel definitions | Deferred to April 23, 2026 (administration request) | | PZ7 | Miami 21 — affordable housing density | Deferred to April 9, 2026 (administration request); Mayor Higgins noted the fee negotiation range of 15–25% adds months of delay; suggested fixing at 20% when item returns; Coconut Grove NCDs (NCD-2 and NCD-3) to be excluded when item returns | | PZ2, PZ3 | Not specified | Indefinitely deferred (administration) | | PZ4 | Not specified | Withdrawn (administration) | ---

Litigation & Risk Signals

1. RE6 — Morales Racial Discrimination (Federal) - Status: No final commission action. Trial imminent; court notified at prior meeting that settlement was rejected. - Exposure: City Attorney on record: 32 counts; federal court fee-shifting on any verdict triggers attorney fees potentially exceeding $400,000 settlement figure; total likely exposure $1.2 million or higher. [1:34:26, 1:36:55] - Risk flag: City Attorney's office advised settlement. City Attorney stated publicly: "There are 32 counts... the jury may decide we voted no on 31 counts, let's give them the 32nd count — that would trigger the full boat of attorneys' fees." Commission remains split; no resolution before trial. 2. Fuller et al. v. City of Miami (Ball & Chain), No. 23-CV-24251-FAM (S.D. Fla.) - Status: Shade meeting held; no public announcement of settlement or trial posture. - Prior verdicts: Public comment placed on record three prior adverse outcomes (total ~$76 million) in related litigation. - Risk flag: Fourth suit in ongoing series. Full outside counsel team engaged (Rodriguez, Cortinez, Caskill). Transcript of shade session sealed until end of litigation. 3. PZ1 — NE 64th Terrace Vacation - Due process flag: Multiple residents alleged they were told at the January 28 town hall that the street would not be closed; Commissioner King acknowledged she was "misinformed." Community benefit amount changed from $200,000 → $500,000 → $1 million across successive presentations without public analysis. Public commenter filed bar complaint against applicant's attorney for alleged false/misleading statements before PSAB. - Miami 21 compliance flag: Assembled lot exceeds 141,000 sq. ft. vs. Miami 21 Art. 4 maximum of 40,000 sq. ft. — public record includes statement that the PSAB said this "makes a mockery of Miami 21." Passed unanimously; potential appellate challenge window open. 4. Evelyn Valdez / MPD Use of Force - Status: FDLE investigation concluded; no findings communicated to family. All three officers returned to duty 13 days post-incident. Family is actively seeking accountability and transparency; appeared before commission on DI-1 (police chief succession). Litigation not yet disclosed on the record. ---

Contract & Procurement

No contract awards, vendor selections, or RFPs were acted upon at this meeting. The following contextual items are noted: - PZ8 / 411 NE 69th Street: City Department of Housing and Community Development is acting as owner-developer of a GO Bond-funded affordable housing unit; construction cost approximately $306,000; sale price ~$300,000. First-time homeowner program. HEPA condition removed, allowing shingle roof. [1:28:47, 1:29:35] - FR2 / Unsolicited Proposals: Amended §18-119 now requires district commissioner notification within 15 days of receipt; full Commission notification required if district commissioner requests consideration. No specific unsolicited proposals were before the commission at this meeting. - Ball & Chain shade meeting: Outside counsel team (Rodriguez, Cortinez, Caskill) is engaged and attending shade session; no fee amounts or contract terms disclosed publicly. - RE6 / Morales settlement: Settlement amount is $400,000 in taxpayer funds; no admission of liability. ---

Timeline & Deadlines

| Date | Item | Deadline / Action Required | |------|------|---------------------------| | Now (imminently) | RE6 — Morales discrimination | Trial date to be set by federal court; commission has no binding action; city attorney to notify court of posture | | April 9, 2026 | RE2 — Even-year elections | Commission must act; next opportunity before May 22 ballot submission deadline | | April 9, 2026 | PZ7 — Affordable housing density ordinance | Deferred; to return with Coconut Grove NCD exclusion and possible fixed fee (suggested 20%) | | April 23, 2026 | PZ6 — Miami 21 vessel definitions | Administration deferral date | | May 22, 2026 | RE2 — Even-year elections | Hard deadline: ballot language must be submitted to Supervisor of Elections | | ~July 2026 | DI-1 — Police Chief appointment | Manager will name successor before transition begins (3 months before October retirement) | | October 2026 | DI-1 — Chief Morales retirement/departure | Transition begins 3 months prior (approx. July 2026) | | Second reading required | FR2 — Unsolicited Proposals (§18-119) | First reading passed Feb. 26; second reading at subsequent meeting | | Second reading required | FR3 — Interfaith Advisory Council (§§2-1121–2-1139) | First reading passed Feb. 26; second reading at subsequent meeting | | Indefinite | FR1 — Civil Service Whistleblower (§40-128) | Deferred pending Civil Service Board appearance; Commissioner Pardo to meet with board chair | | Indefinite | PZ2, PZ3 | Indefinitely deferred (administration) | | Fuller litigation | Shade session concluded | Transcript sealed until end of Case No. 23-CV-24251-FAM; no public posture disclosed | --- Transcript source: `transcript.json` extracted 2026-03-10. All timestamps reference video elapsed time [H:MM:SS]. Digest prepared 2026-03-10.