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San Diego Union-Tribune
NORBERTO SANTANA JR.
Trigger clause deadline nears for Chargers | Team, city work to delay
the act
January 27, 2003
Abstract:
The Chargers have until Wednesday to use the trigger clause. However, the
team has been working with the City Council to delay the trigger window
from Dec. 1 to March 1.
Council members also will be asked tomorrow to decide whether they want
to require the Chargers to pay any legal bills the city incurs if the
delay has to be defended in court. Chargers officials have said they would
not accept responsibility for the city's legal fees.
[Bruce Henderson] and [Michael Aguirre] have argued against any trigger
delay, saying it gives the Chargers the advantage of using the renegotiation
clause without disclosing financial figures about the team, as the lease
requires.
Full Text:
Copyright SAN DIEGO UNION TRIBUNE PUBLISHING COMPANY Jan 27, 2003
Time is running out on the 60-day window the San Diego Chargers have to
trigger lease renegotiations on Qualcomm Stadium or begin relocation talks.
The Chargers have until Wednesday to use the trigger clause. However,
the team has been working with the City Council to delay the trigger window
from Dec. 1 to March 1.
Council members voted 7-2 on Jan. 13 to support the delay, with Donna
Frye and Michael Zucchet dissenting. However, they put off until tomorrow
a decision on what the Chargers call a critical side agreement to delaying
the renegotiation clause.
The Chargers want a provision that would force the city to begin immediate
lease renegotiations if a court struck down the delay.
The council postponed action on the side agreement to get a recommendation
from its Citizens' Task Force on Chargers Issues.
The task force supported the agreement but recommended the language be
changed so the city is not giving up any rights to challenge the trigger
by accepting the delay. The vote was 13-1, with member Bruce Henderson,
a former council member, opposing.
Council members also will be asked tomorrow to decide whether they want
to require the Chargers to pay any legal bills the city incurs if the
delay has to be defended in court. Chargers officials have said they would
not accept responsibility for the city's legal fees.
Attorney Michael Aguirre has threatened to sue the city over the delay,
saying the council's Jan. 13 vote violated the state constitution.
Assistant City Attorney Les Girard has said the vote was appropriate.
Henderson and Aguirre have argued against any trigger delay, saying it
gives the Chargers the advantage of using the renegotiation clause without
disclosing financial figures about the team, as the lease requires.
The triggering clause allows the Chargers to reopen negotiations on their
Qualcomm Stadium lease once every four years until 2020 if they meet a
financial formula balancing player salaries against league-wide revenues.
Each Dec. 1, a 60-day window opens during which the team can notify the
city that it intends to renegotiate. The notice would activate a 90-day
period during which the two sides could agree to offset the team's expenses,
and the team could begin shopping itself to other cities.
If no agreement was reached, an 18-month window would open during which
the team could continue shopping itself, with the city retaining a 90-day
window to match any offers.
Norberto Santana: (619) 718-5069; norberto.santana@uniontrib.com
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