Sports-complex contractor sued

Dave Brooks

City officials are suing the contractor hired to build batting cages,

a roller skating rink, a soccer arena, a pro shop and a concessions

stand for the city’s new, $18-million sports complex, alleging that

work has been abandoned before being completed..

This second phase of work, slated to be ready by March 20, still

sits in pieces, the contractor nowhere to be found.

“We’re not really confident how much of the project he has

actually completed,” City Atty. Jennifer McGrath said.

Last week, Assistant City Atty. Scott Field filed suit against

Oregon-based nonprofit Community Parks Foundation Inc., in Orange

County Superior Court, alleging the nonprofit group breached a

$1-million contract to install and operate the equipment.

Community Parks President Joseph O’Connor is being asked to return

any unspent money, as well as any damages caused by the delay.

O’Connor had already been paid $950,000 for the $18-million sports

complex, McGrath said. She estimates the city could lose as much as

$860,000 a year because the projects are inoperable.

O’Connor operates two other nonprofits in Oregon, both of which

have failed to renew their licenses, Community Services Director Jim

Engle said. Engle said the city hired a nonprofit to build the

project because “public bonds can only have so much participation by

the private sector. The advantage is that you get a lower percentage

rate on the interest, but you have a smaller pool of contractors to

choose from.”

The batting cages and other components were envisioned as ways for

the park to pay back the bonds. The money would also be used to cover

bonds taken out to fund the project.

O’Connor could not be reached for comment.

The sports complex has drawn many opponents over the years who

criticized it as being too costly. Residents first approved plans for

a $1.5-million complex in 1996. Since then, the project has grown in

size, and the price tag shot up more than $16 million.

O’Connor was first assigned to work on the project in June 2003

and expected to start in January, McGrath said. When the project

wasn’t completed by its March 20 deadline, the city sent O’Conner a

letter demanding he finish the work. When he failed to do so, the

city terminated his contract on July 2.

Councilman Dave Sullivan said the lawsuit hurts O’Connor’s chances

of doing business for public agencies in the future and might serve

as a wake-up call.

“This is a problem for him, especially if he wants to work in

other cities that want references,” he said. “Given that situation, I

hope he will perform.”

Despite the uncompleted work, the park is still frequented by

youth leagues and adult teams. Softball player Jake Williamson said

he enjoys playing at the park with his company team, even if the park

isn’t completed.

“Take a look at this place, and you can’t deny that it’s great,”

he said. “I think a lot of people visiting don’t realize the problem

with the contractor. I sure didn’t. I just figured that it was still

underway.”

The city hasn’t decided how it will proceed with the completion of

the project and is waiting to see how O’Connor reacts to the lawsuit,

McGrath said.

“What happens now really depends on his response,” she said.

* DAVE BROOKS covers City Hall. He can be reached at (714)

965-7173 or by e-mail at [email protected].