Judge Clears Way for Irwindale, Raiders to Resume Planning

Ending more than four months of delays, a Los Angeles Superior Court judge on Wednesday gave Irwindale and the Los Angeles Raiders the go-ahead to resume making financial and other arrangements for construction of their proposed Raiders stadium.

At the same time, Judge Charles Jones denied a motion by attorneys for Los Angeles City Councilman Ernani Bernardi that he void the Aug. 20 deal in which Irwindale gave the Raiders a $10-million advance on an eventual $115 million in loans and grants in exchange for the Raiders’ agreement to move to the city from the Los Angeles Memorial Coliseum.

The judge said the city must still finish an environmental impact report on the project, expected in about six weeks, before it can actually begin construction. But under a writ he issued, months of preparations for construction can begin immediately. The writ replaces a temporary injunction that had stopped any progress since the end of September.

Raider senior executive John Herrera, hailing the action, said the team contemplates being able to break ground on the 62,000-seat stadium by the end of this year and completing it 20 to 24 months later, or by the end of 1990.

Irwindale’s official spokesman, Xavier Hermosillo, said the city is free to resume negotiations with Los Angeles County officials on securing county leaseholds for stadium parking.

Hermosillo said the timing of a municipal vote on a $12-million general obligation bond issue required to provide part of the financing for the deal remains in question, but that it could occur either in June or November.

A disappointed Bernardi said he will appeal the judge’s ruling and in the meantime pursue a second lawsuit accusing Irwindale authorities of violating the state’s environmental laws by entering into the deal with the Raiders before completing an environmental impact report.

Jones, however, rejected impassioned arguments by Bernardi attorney Bruce Tepper on Wednesday that just such a violation left the judge with no discretion but to void the Raider deal.

The judge accepted the arguments of Irwindale attorney Kenneth L. Adams of Washington that, in fact, the law did give him discretion to let the deal go forward.

Despite the euphoria among Irwindale and Raiders attorneys and other officials Wednesday, there are still possible stumbling blocks to successfully proceeding with construction of the stadium:

There has been testimony from bond counsels and bond salesmen that the projected revenue stream from the stadium may be insufficient to guarantee repayment of $90 million in bonds needed to consummate the deal. If this is the case, the city will have to find other guarantees for repayment of the bonds--perhaps city redevelopment tax money or perhaps private funds.

Efforts may still be pursued in the Legislature to block use of Irwindale funds to put up other money for the stadium--for access roads, site preparation or debt service pending completion of the facility.

The Los Angeles County Board of Supervisors or the U.S. Army Corps of Engineers may yet balk at making available land adjacent to the proposed stadium for parking, although there are several other alternative privately held sites available.

Bernardi may have better luck with his lawsuits on appeal or in another court.