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Emails put Miami City Attorney on the hot seat
@NewsbySmiley
At the behest of a lobbyist, Miami City Attorney Victoria Mendez worked behind the scenes this year to
help a developer fast -track a controversial residential development and then hid the extent of her
involvement, a city commissioner has charged.
During the morning session of Thursdays commission meeting, Commissioner Ken Russell distributed a
letter to city officials calling for Mendez's firing, and an "independent inquiry" into her offices handling of
zoning matters and public records requests. Russell said he'd "lost trust" in Mendez after she withheld
emails and other public records from his office.
"It's absolutely unacceptable," he said. "For me, that alone is enough that I can't work with my city
attorney."
Mendez called the situation a misunderstanding.
"It's unfortunate because a lot of things have been mischaracterized," she said in an interview.
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Submitted into the public Q
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he says his office asked Mendez for emails documenting its involvement. Then, when he began to suspect
he hadn't received the whole story, he said his office sought the same records from Miami's informations
technology staff— a request he said melded far more interesting results.
Among the emails obtained through the second batch from IT: a series of exchanges between Mendez and
Berger Singerman attorney Javier Vazquez showing Vazquez's lobbying to change the city's zoning
determination that the developer needed a warrant. The emails also showed Mendez asking an office lawyer
to work on the issue — after an attorney on her staff had already issued an opinion saying a warrant was
needed, despite Vazquez's assertions to the contrary.
After a new opinion was issued, acting zoning administrator Devin Cejas changed the city's position on Jan.
20, allowing the project to move forward without a warrant.
The developer, however, still needed the city commission to "re -plat" the property into five parcels. Typically,
such requests are rubber-stamped by the city commission. But Russell twice delayed a vote until Thursday's
meeting, when he unloaded on Mendez and Vazquez after a group of South Grove neighbors asked the
commission to oppose the proposal.
Mendez, he said, "works for this city, not for the developer and not for that attorney." Vazquez, in the
audience, defended Mendez, himself, his client, and his law firm. He also incorrectly assured Russell that he
was registered to lobby on the project. (He registered minutes later, during the break in the meeting.)
"At no time has there been any request for a change of attorney or request for special favors;' he said. "I
wanted to stand up here to defend my integrity as an attorney"
In an interview, Mendez said she gave Russell all the documents she found in response to his request, which
she didn't take for a legal or exhaustive records request. She said her office was simply responding to
Vazquez's arguments by reviewing the law, as it's done countless times in the past.
"My main point is to defend against liability," she said. "I just think he doesn't understand the process"
Russell did not motion to fire Mendez before the commission's lunch break, saying he wanted his colleagues
to take the afternoon to think about the issue.
Posted by David Smiley on Thursday, Sep. 8, 2016 at 2:38 PM I Permalink
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Submitted into the publicr,
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on City Clerk
a COREA in lieu of Covenant Properties
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9/29/*2016 Entails put Miami City Attorney on the hot seat I Naked Politics
« UPDATE: Hillary Clinton endorses Patrick Murphy after being far silent on his U.S. Senate race I Main I Quinnipiac poll:
Trump, Clinton tied at 47% in Florida »
Emails put Miami City Attorney on the hot seat
@NewsbySmiley
Submitted into the publics 9
record or it m(s)
on q City Clerk
At the behest of a lobbyist, Miami City Attorney Victoria Mendez worked behind the scenes this year to
help a developer fast -track a controversial residential development and then hid the extent of her
involvement, a city commissioner has charged.
During the morning session of Thursday's commission meeting, Commissioner Ken Russell distributed
a letter to city officials calling for Mendez's firing, and an "independent inquiry" into her office's handling
of zoning matters and public records requests. Russell said he'd "lost trust" in Mendez after she withheld
emails and other public records from his office.
"It's absolutely unacceptable," he said. "For me, that alone is enough that I can't work with my city
attorney."
Mendez called the situation a misunderstanding.
"It's unfortunate because a lot of things have been mischaracterized," she said in an interview.
The dispute between Russell and Mendez is linked to a controversial effort by developers Gus De
Ribeaux, Carlos Tosca and Carlos Sosa to build five homes in South Coconut Grove by splitting one
property on the corner of Ingraham Way and Battersea Road into five lots.
Late last year, the developers, who own the 50,000-square-foot property through Battersea Woods LLC,
were told that city laws showed they'd need to seek a warrant, a special permit that can be easily and
cheaply appealed by surrounding neighbors. Meanwhile, as developers continued to sap up, split and
redevelop surrounding properties, neighbors in the area -- one of the most politically active in the city --
began to protest.
Eventually, Russell, who lives in the South Grove and represents the area, began to look into the issue.
First, he says his office asked Mendez for emails documenting its involvement. Then, when he began to
suspect he hadn't received the whole story, he said his office sought the same records from Miami's
informations technology staff -- a request he said yielded far more interesting results.
Among the emails obtained through the second batch from IT: a series of exchanges between Mendez
and Berger Singerman attorney Javier Vazquez showing Vazquez's lobbying to change the city's zoning
determination that the developer needed a warrant. The emails also showed Mendez asking an office
http://miamiherald.typepad.com/nakedpolitics/20I 6/09/entails-put-miami-city-attorney-on-the-hot-seat.html I /5
9/292016 Emails put Miami City Attorney on the hot seat I Naked Politics
lawyer to work on the issue -- after an attorney on her staff had already issued an opinion saying a
warrant was needed, despite Vazquez's assertions to the contrary.
After a new opinion was issued, acting zoning administrator Devin Cejas changed the city's position on
Jan. 20, allowing the project to move forward without a warrant.
The developer, however, still needed the city commission to "re -plat" the property into five parcels.
Typically, such requests are rubber-stamped by the city commission. But Russell twice delayed a vote
until Thursday's meeting, when he unloaded on Mendez and Vazquez after a group of South Grove
neighbors asked the commission to oppose the proposal.
Mendez, he said, "works for this city, not for the developer and not for that attorney." Vazquez, in the
audience, defended Mendez, himself, his client, and his law firm. He also incorrectly assured Russell that
he was registered to lobby on the project. (He registered minutes later, during the break in the meeting.)
"At no time has there been any request for a change of attorney or request for special favors," he said. "I
wanted to stand up here to defend my integrity as an attorney."
In an interview, Mendez said she gave Russell all the documents she found in response to his request,
which she didn't take for a legal or exhaustive records request. She said her office was simply
responding to Vazquez's arguments by reviewing the law, as it's done countless times in the past.
"My main point is to defend against liability," she said. "I just think he doesn't understand the process."
Russell did not motion to fire Mendez before the commission's lunch break, saying he wanted his
colleagues to take the afternoon to think about the issue.
Posted by David Smiley on Thursday, Sep. 8, 2016 at 2:38 PM I Permalink
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http://miamiherald.typepad.com/nakedpolitics/2016/09/emails-put-miami-city-attorney-on-the-hot-seat.html 2/5
Thursday, April 7, 2016 at 6:18:47 PM Eastern Daylight Time
Subject: Fwd: Walmar Midtown
Date: Thursday, December 24, 2015 at 10:39:19 AM Eastern Standard Time
From: Mendez, Victoria
To: Gomez, Marta, Alvarez, Valentin 1
CC: Suarez -Rivas, Rafael
Please print double sided. Thx.
Victoria Mendez, City Attorney
Board Certified, City, County and
Local Government
City of Miami Office of the City
Attorney
Telephone: 305-416-1832
Facsimile: 305-416-1801
victoriamendezPrniamigov.com
Assistant: Marta Gomez (305) 416-1844
Begin forwarded message:
Submitted into the public
record fp ; it ) ,3 s'
on w i l :M I i ,c City Clerk
From: "Mark Emanuele" <maePlvdeckerdiaz.com>
To: "Mendez, Victoria" <VMendezPmiamigov.com>
Cc: "Suarez -Rivas, Rafael" <RSuarez-RivasPmiamigov.com>, "Iglesias, Peter"
<Plglesias@miamigov.com>, "Garcia, Francisco" <fgarcia@miamigov.com>, "Mark Emanuele
(markPemanuelegrouo.com)" <markPemanuelegrouo.com>, "Joan Carlos Wizel"
<jcwPlvdeckerdiaz.com>, "Colby E. Grossman" <cegPlvdeckerdiaz.com>, "Jennille Monger"
<imongerPlvdeckerdiaz.com>
Subject: Walmar Midtown
Good Afternoon Victoria,
Please see attached memorandum re COREA . A copy of the recorded COREA is attached.
Should you have any questions please feel free to call me at office or on my cell
( 954-914-8809)
Mark A. Emanuele I Partner
T 305 416 3180 F 305 416 3190 W www.lvdeckerdiaz.com
Lydecker I Diaz I 1221 Brickell Avenue, 19th Floor I Miami, FL 33131
Page 1 of 1
Submitted into the public
record or item s) 1
on t , City Clerk
You have inquired as to the need for the execution of a covenant in lieu of unity of title (the
"Covenant"). Anticipating this issue some 10 years ago, all entities holding an ownership interest in the
subject Midtown parcel executed a Construction, Operation and Reciprocal Easement Agreement (the
"COREA") The COREA was executed and recorded with in April, 2004. A copy of the agreement is
attached.
The purpose of the COREA is to allow for multiple tracts to be treated as one project for development
purposes. The COREA serves the same purpose as that of the Covenant; namely, to treat the property as
one single project and a single parcel of land for development and operational purposes. Similar to the
Covenant, the COREA creates cross -easements for the shared development and use of the land including
allowing cross access, utilities and encroachments. In reviewing the City's proposed Covenant form, we
note that each of the easements referenced therein are also included within the COREA (see, for
example, section 3 of the COREA). Finally, the COREA, as is the case with the Covenant, runs with the
land and is binding on all future owners (see section 4.5 of the COREA).
Additionally, our application for a Class II Special Permit has, from inception, been submitted as a single
project. All relevant entities joined in the application and executed ownership affidavits and sworn -to -
consents. Notwithstanding certain objections raised by individuals opposing the Class II Permit, the City
treated the application as one project, considered both buildings under the one application and
approved the application under a single Class II Permit. Indeed, notwithstanding the issues raised by the
objectors, this issue was considered and rejected by the City Commission and Appellate Courts on
subsequent review.
You may recall that we held a meeting with the City approximately two months ago where various city
departments were present. At that meeting, we provided plans which reflected the foot print for the
foundation and sought to address any concerns the City might have regarding the fact that a portion of
the foundation would extend onto the adjoining tract and whether the COREA sufficiently addressed any
issues regarding unity of title. The group consensus was that the COREA was sufficient.
While we do not believe that a Covenant is required at this time to secure the foundation permit, if after
issuance of the foundation permit and before we commence vertical construction, the City determines it
wants a Covenant, we will be happy to provide same.
Thursday, April 7, 2016 at 5:50:49 PM Eastern Daylight Time
Subject: Re: Midtown Wal-Mart
Date: Tuesday, February 9, 2016 at 9:08:31 PM Eastern Standard Time
From: Mendez, Victoria
To: Richard.Perez@hklaw.com
CC: Iglesias, Peter, Min, Barnaby
As long as the entities you have listed below are the proper entities that would be parties to signing the unity or
covenant in lieu, your statements are accurate. Thank you.
Victoria Mendez, City Attorney
Board Certified, City, County and
Local Government
City of Miami Office of the City
Attorney
Telephone: 305-416-1832
Facsimile: 305-416-1801
victoriamendezPmiamigov.com
I®1
Assistant: Marta Gomez (305) 416-1844
On Feb 9, 2016, at 2:12 PM, "Richard.PerezPhklaw.com" <Richard.PerezPhklaw.com> wrote:
Dear Victoria:
I have had the opportunity to review the correspondence between the City of Miami and Wal-
Mart with respect to the issuance of the foundation permit for the construction of the Wal-Mart
to be located at the intersection of North Miami Avenue and N.E. 31st Street (the "Project"). I
write to obtain confirmation from you that (i) the City has only issued to Wal-Mart a Phased
Permit — Foundation Only, for the Project, (ii) the Phased Permit for the Project is currently in a
locked status, and (iii) the City will not issue any additional permits required for the vertical
construction of the Project until such time as a unity of title or a covenant in lieu of unity of title
is executed as between Wal-Mart, the Midtown Community Development District, and Midtown
Opportunities IXB, LLC, which is the owner of the liner property along the Project's boundary
with Midtown Boulevard.
If the foregoing accurately reflects the understanding that the City of Miami reached with Wal-
Mart, we respectfully request that you verify the same to us.
Best regards,
Richard Perez I Holland & Knight
Partner
Holland & Knight LLP
701 Brickell Avenue, Suite 3300 I Miami, FL 33131
Phone 305.789.7630 I Fax 305.789.7799
richard.perez(Whklaw.com I www.hklaw.com
Add to address book I View professional biograohv
Submitted into the public
record for9itelu(s) Qt I
on I L� 11City Clerk
Page 1 of 2
Submittedor i intom s O public9 1 r
recor
°n City Clerk
NOTE: This e-mail is from a law firm, Holland & Knight LLP ("H&K"), and is intended solely for the use of the individual(s) to
whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail
from your computer and do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe
anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to
H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co -counsel or retained
expert of H&K, you should maintain its contents in confidence in order to preserve the attorney -client or work product privilege
that may be available to protect confidentiality.
Page 2 of 2
Thursday, April 7, 2016 at 6:20:15 PM Eastern Daylight Time
Subject: Fwd: Walmar Midtown
Date: Tuesday, February 9, 2016 at 12:14:19 PM Eastern Standard Time
From: Mendez, Victoria
To: Rick Perez
Victoria Mendez, City Attorney
Board Certified, City, County and
Local Government
City of Miami Office of the City
Attorney
Telephone: 305-416-1832
Facsimile: 305-416-1801
victoriamendezPmiamigov.com
Assistant: Marta Gomez (305) 416-1844
Begin forwarded message:
From: "Mendez, Victoria" <VMendez@miamigov.com>
To: "Cejas, Devin" <DCejas@miamieov.com>
Subject: Fwd: Walmar Midtown
Victoria Mendez, City Attorney
Board Certified, City, County and
Local Government
City of Miami Office of the City
Attorney
Telephone: 305-416-1832
Facsimile: 305-416-1801
victoriamendez@miamigov.com
Assistant: Marta Gomez 1305) 416-1844
Begin forwarded message:
Submitted into the public
record .r itm(s)
on
From: "Mark Emanuele" <mae@Ivdeckerdiaz.com>
To: "Mendez, Victoria" <VMendez@miamigov.com>
Cc: "Suarez -Rivas, Rafael" <RSuarez-Rivas@miamigov.com>, "Iglesias, Peter"
<PIglesias@miamieov.com>, "Garcia, Francisco" <fgarcia@miamieov.com>, "Mark
Emanuele (mark@emanuelegroup.com)" <mark@emanuelegroup.com>, "Joan Carlos
Wizel" <jcw@Ivdeckerdiaz.com>, "Colby E. Grossman" <ceg@lydeckerdiaz.com>,
"Jennille Monger" <imonger@Ivdeckerdiaz.com>
Subject: Walmar Midtown
Good Afternoon Victoria,
Page 1 of 2
Please see attached memorandum re COREA . A copy of the recorded COREA is
attached.
Should you have any questions please feel free to call me at office or on my cell
( 954-914-8809)
Mark A. Emanuele I Partner
T 305 416 3180 F 305 416 3190 W www.ivdeckerdiaz.com
Lydecker I Diaz I 1221 Brickell Avenue, 19th Floor I Miami, FL 33131
The information contained in this electronic mail transmission is intended by Lydecker I Diaz for the use
of the named individual or entity to which it is directed and may contain information that is privileged or
otherwise confidential. It is not intended for transmission to, or receipt by, anyone other than the named
addressee. It should not be copied or forwarded to any unauthorized persons. If you have received this
electronic mail transmission in error, please delete it from your system without copying or forwarding it,
and notify the sender of the error by reply email or by calling Lydecker I Diaz at (305) 416-3180, so that
our address record can be corrected.
Submitted into the public:,
record fpr ite(s) or% 1
on City Clerk
Page 2 of 2