Angry outbursts mark comments on alley deal

Sito Negron and Ed Koch

Thursday, Aug. 21, 2003 | 11:06 a.m.

In a city of billion-dollar deals and mass land development, the Las Vegas City Council took about an hour Wednesday before giving away 500 square feet of a vacated downtown alley that was as much a political football as a real estate transaction.

The decision to give powerful Las Vegas attorney John Moran Jr. the city's half of an alley in the 600 block of Fourth Street behind his office had, at times, the appearance of being scripted with the outcome predetermined. At other times it was full of emotion and good theater.

The festivities featured an eruption from an audience member who had to be escorted out by a city marshal, two council members voting from a helicopter hovering over flood-devastated neighborhoods, and a glimpse at a web of Las Vegas politics, where everyone seems to have a history with each other.

In the end, freshman Las Vegas Councilwoman Janet Moncrief, in her first political battle aside from the ongoing state investigation into her campaign finances, lost her effort to stop the council from giving the alley to Moran.

The City Council voted 6-1 to give Moran the encroachment to build a wall on the city's half of the vacant alley at Fourth Street and Garces Avenue. Then by a 5-2 vote with Councilwoman Lynette Boggs McDonald siding with Moncrief, approved giving Moran the deed to the property valued by city officials at about $4,000.

Moran, who supported Moncrief's opponent, former Ward 1 Councilman Michael McDonald, in the recent municipal election, at one point in the meeting said he would not get down in the "gutter" with Moncrief, alleging that she was experienced in that area.

That appeared to anger Las Vegas Mayor Oscar Goodman, and he admonished Moran and told him to sit down.

Moran got off easier than gadfly Peter "Chris" Cristoff, a central figure in the ongoing Moncrief probe, who ran against Moncrief in the primary, volunteered to work on her run-off campaign and then turned against her, filing a complaint with the secretary of state's office, alleging campaign improprieties.

Christoff and Moncrief found themselves on the same side on this issue. But when he went to speak, Christoff centered his attack on Goodman after the mayor limited his speaking time to one minute on a matter that was not a public hearing and did not mandate public comment.

After Goodman limited his speaking time, Christoff muttered something about not giving the people a voice, at which point Goodman said he was going beyond what was necessary by allowing any commentary. Christoff called him a name, and Goodman called on the marshal to escort him to his seat.

Christoff, his voice rising, called Goodman a liar and a shyster, at which point the mayor told the marshal to escort him from the Council chambers.

"And I don't appreciate you calling my office using an Oriental voice," Goodman added, not explaining the reference.

Christoff's parting shot to the mayor was: "You're a liar and a shyster and full of (expletive)."

Allen Lichtenstein, attorney for the American Civil Liberties Union Nevada, who did not attend the meeting, said he could not comment directly on the incident because he didn't see it, but said it is generally concerning because "a person cannot be stifled by the government just because the government does not like what he will say. But a person also cannot be disruptive."

Still, Lichtenstein said, harsh comment about public officials generally is not considered being disruptive. "It's how the law is interpreted," in cases such as this, he said.

Name calling and politics aside, the discussion also managed to touch on areas of public concern, such as how the city disposes of land, and who gets it.

Moncrief framed the deal as beneficial to a political player, with the implication that it was an unusual giveaway. Moran argued that over many years, several downtown casinos have benefited from city alley vacation for multimillion-dollar projects.

Asked after the meeting why Moncrief would oppose what appeared to be a routine transaction, Moran said: "I wouldn't ever attempt to fathom what's in her mind."

Moncrief, who did not speak much and read from prepared notes, raised several objections and questions about the deal during the meeting. She said the nearly $1,000-square-foot piece of land is worth $57,000 based on her interpretation of downtown land values. She also asked who would pay for replacing utility lines and noted that the city was uncertain about what it will put on the city-block-sized lot adjacent to Moran's office, so the alley giveaway could cause access problems later.

"I don't know who prepared Janet's speech," said Moran, arguing that the land has little value because it is an alley.

He also estimated the size as 500 square feet and said said the contract guarantees that the city can gain access from his property any time to develop the rest of the block, and if need be, he is required to tear down his wall to provide that access.

Wednesday's action stemmed from the City Council's July 16 unanimous approval of the encroachment agreement to allow Moran to build a wall on the city's portion of the alley. But Moran believed that, as part of that agreement, he would be awarded the deed to the city's half of the alley at 628 and 630 S. Fourth St.

City Attorney Brad Jerbic said he had to bring the matter back before the council because the record from the July meeting indeed reflected a confusion over whether Moran was to get the deed as a condition of agreeing to tear down the wall on the city's side if the city so requested.

During Wednesday's meeting, Council members Michael Mack and Boggs McDonald left to take a Metro Police helicopter ride to survey the damage from Monday's extensive flooding in their northwest wards. They listened to the Moran matter via cell phones that at times during the debate went dead.

Mack appeared to be Moran's strongest supporter, saying this matter came before the council when a 10-story parking garage was being planned on city-owned land adjacent to Moran's property and that deals were made to protect Moran's property -- deals he felt compelled to stick with. Others agreed.

"I did feel at the time, I said yes, and they said yes," said Councilman Gary Reese, who represented the area before redistricting placed it in Moncrief's ward.

With the city's decision to scrap plans for the parking garage, there is no plan yet for the use of the lot, although the city likely now will find a developer to build on it. Reese said residential lofts and condominiums would be a good idea.

Under state law, when an alley is vacated -- meaning it no longer will be used by the city -- the adjoining property owner gets half. In this case, if the city built up to that line, Moran said, "I can't get out of my property with only half the alley."

He said he needs the city's half of the alley to maintain access, and to wall in a parking lot to keep employees and clients from being molested by vagrants who frequent downtown.

As for allegations that Goodman had a conflict of interest, Goodman said he hasn't had an interest in a neighboring building for 10 years.

"It was a rumor circulated by an unreliable source," Goodman said.

Goodman and other council members said they supported giving Moran the sliver of city land because he stuck it out when, as Moran put it, "things weren't rosy" in the rundown downtown area.

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