Judge Backs L.A. Unified in Dispute Over Belmont High Bid

A Superior Court judge dealt a major setback Wednesday to the unions opposing construction of a downtown high school by ruling that the Los Angeles Unified School District did not break the law when it chose the most expensive bidder.

Judge John Ouderkirk agreed with school district attorneys that state law allows exceptions to the rule that the lowest bidder gets the job.

The Board of Education chose a team headed by developer Kajima International to build the $170-million Belmont Learning Center west of downtown, although its estimate of costs was higher than those of two other finalists.

An official ground-breaking occurred a month ago, but that did not deter the legal challenges.

After Wednesday’s hearing, Peter W. James, a private attorney hired to represent the school district, said the ruling effectively wipes out the remainder of the pending lawsuit, although it allows the plaintiffs 30 days to make new arguments.

James predicted that the suit would be resurrected if the state agrees to match construction funds for the 5,300-student school. The availability of matching funds could prompt the school board to reconsider its ban on the use of Proposition BB bond funds for the project.

A lawyer for the two Belmont opponents--unions representing hotel workers and teachers--expressed confidence that she can persuade the judge to change his mind. Attorney Joni S. Jacobs noted that at least one of the laws that Ouderkirk cited was not in effect when the board agreed to enter exclusive negotiations with Kajima.

The state’s Joint Legislative Audit Committee is investigating the legal basis for choosing Kajima over the lower bidders, and whether the district has grounds to seek state reimbursement for some of the high school costs.

Jacobs acknowledged that Wednesday’s ruling is significant because “the further along the school building gets, the less likely that any court will enjoin it.”

For several years, the Belmont Learning Center proposal has ignited controversy because of its high price tag--making it among the most expensive high schools ever built--and because of the choice of Kajima, a Japanese firm embroiled in a labor dispute elsewhere with the Hotel and Restaurant Workers Union.

While no one disputes the need for another high school downtown, the new high school actually could accommodate as few as 900 additional students because it replaces the existing Belmont High School rather than supplement it.

The lawsuit was filed in April, after public furor greeted the school board’s announcement that it would use Proposition BB bond money to pay some of the Belmont construction costs. The $2.4-billion bond measure was passed primarily to repair classrooms.

In the wake of the lawsuit, an independent bond oversight committee recommended against using bond funds for Belmont. The school board subsequently agreed to use a more expensive funding source, known as certificates of participation.

In late July, the school board agreed to hire an independent construction manager to review costs of the project, with an eye toward potential savings.