City Agrees To Delay Charger 'Trigger Period'
Trigger Allows Team To Renegotiate, Escape Contract
POSTED: 11:41 a.m. PST January 14, 2003
UPDATED: 11:48 a.m. PST January 14, 2003
SAN DIEGO -- The San Diego City Council has agreed to delay the start of the "trigger period" that would allow the Chargers to shop for a new home, but a team representative said it may not wait to pull the trigger.
The council failed to take action last night on a related agreement the Chargers were seeking in addition to the trigger delay, so Chargers special counsel Mark Fabiani said the team would "possibly" exercise the so-called trigger clause by the end of the month.
The two-month trigger period, during which the team can exercise its rights under a 1995 contract to renegotiate with the city or move to another town, originally opened Dec. 1.
The council supported postponing that period to begin March 1, but put off a vote on a related "saving agreement." If approved, the saving agreement would allow the team to trigger retroactively to Jan. 29 in the event of a successful lawsuit or other challenge to the trigger delay.
"It's very difficult," Fabiani said after the meeting. "We've got to take some time to evaluate what happened. If the council is not inclined to adopt the savings agreement, we really don't have a choice but to trigger."
The council decided to ask its Citizens Task Force on Chargers Issues to make a recommendation on the saving clause. The council vote on that issue would come Jan. 28, the day before the current trigger window closes.
Fabiani said waiting until the last day was risky, and he didn't know if "we're really prepared to wait until the very end to make the decision."
The team wants a new stadium, and some city officials fear the Chargers will use the trigger clause to try to move to the Los Angeles area if it doesn't get what it wants in San Diego.
Voting against moving the trigger period were council members Donna Frye and Michael Zucchet. The vote was unanimous to postpone the vote on the saving clause to Jan. 28.
Opponents said the saving clause would waive the city's rights to verify that the trigger requirements were actually met. The Chargers need to demonstrate that salaries have reached a certain level before the team can exercise its trigger rights.
City Attorney Casey Gwinn and Assistant City Attorney Les Girard said the city wouldn't be waiving any of its rights. Gwinn called the saving clause "only a reasonable request."
The team sought the saving clause because of past stadium-related lawsuits, contending that if a new lawsuit were successful, the new trigger window could also close while litigation was decided.
Indeed, attorney Mike Aguirre promised to file a lawsuit Jan. 30, the day after the original 60-day period, if the trigger period was extended.
Mayor Dick Murphy, who initially sought the delay to give the Chargers task force time to complete its work, said the trigger extension "is more to the city's benefit" than the Chargers'.
The task force, which answers to the City Council, is charged with finding a fiscally responsible and publicly acceptable way to keep the team in San Diego.
Previous Stories:
- January 6, 2003: Ticket Guarantee Cost City $6.1 Million In 2002
- December 24, 2002: Task Force Recommends Chargers Contract Extension
- December 23, 2002: Task Force To Consider Extending Chargers' 'Escape' Period
- December 16, 2002: Chargers Will Extend Contract 'Trigger'
- December 11, 2002: City Council Vetoes Chargers' Lease Talks
- December 6, 2002: Sports Council Presents New Stadium Plan
- December 5, 2002: Chargers' Stadium Lease Talks Begin
- December 2, 2002: Mayor Doesn't Want Chargers Negotiating During Super Bowl
- November 22, 2002: City, Chargers Rhetoric Heats Up
- November 21, 2002: Ticket Guarantee Makes City Pay For Phantom Seats
- November 12, 2002: Lawyers: City Can Keep Chargers Without New Stadium
- October 31, 2002: City Won't Pay Chargers After Stadium Sign Snafu
- October 25, 2002: Report: Chargers Cannot Escape Contract
- October 22, 2002: City Wants Money Back From 'Sellout' Chargers Game
- October 1, 2002: City Spent $102,083 On Chargers-Patriots Game
- September 27, 2002: Chargers Task Force Scraps Denver Trip
- September 24, 2002: Councilman Troubled By Chargers Task Force
- September 18, 2002: Game Against Texans Cost Taxpayers $992,413
- August 21, 2002: Chargers-Seahawks Game Cost City $1.69M
- July 29, 2002: Ethics Code Approved For Chargers Task Force
- July 23, 2002: City Confirms Chargers Task Force
- July 12, 2002: Murphy Names Chargers Task Force Picks
- June 18, 2002: Task Force To Address Chargers Issue
- June 7, 2002: Mayor: City Faces 'Conundrum' Over Chargers
- June 5, 2002: City Asks LA Stadium Group Not To 'Interfere'
- June 4, 2002: Aguirre Says He Has Plan To Keep Chargers
- May 30, 2002: Aguirre: Recall Mayor Over Chargers Issue
- May 29, 2002: Chargers Get Call From LA Stadium Group
- May 28, 2002: Mayor Feels 'Obligation' To Keep Chargers
- May 24, 2002: Lawsuit Filed Against City Over Bolts Dealings
- May 16, 2002: LA Stadium Plans Revealed
- May 13, 2002: LA Officials: Stadium Not In Works
- May 9, 2002: Mayor Not Concerned By Chargers' Move North
- May 9, 2002: Chargers Move Training Camp North
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