Plan for School Clears Legal Hurdle

A controversial plan to build a new downtown Los Angeles high school cleared an important legal hurdle Friday, but faces other obstacles as a teachers union lawsuit to block the project proceeds.

Los Angeles Superior Court Judge Diane Wayne tentatively rejected claims in the union lawsuit that the Los Angeles Unified School District skirted competitive bidding laws when awarding a contract to build the Belmont Learning Center.

Wayne, however, issued an injunction barring the district from executing its contract to build the school until the agreement is reviewed by a citizens panel.

The review by the Blue Ribbon Oversight Committee is required because the district expects to pay for the $87-million, 3,600-student school partly with money from Proposition BB, the bond measure passed in April.

The school district’s lawyers said the injunction will not interfere with its plans. “This does not have any practical negative effect,” said attorney Peter W. James.

James emphasized that the 11-member Blue Ribbon Committee is already studying whether the district should spend more than $40 million of the $2.4 billion in bond proceeds on the project, and will make a recommendation to the school board in June.

Plans to use Proposition BB funds for the Belmont project, to be built near Temple Street and Beaudry Avenue, have been criticized by some who say voters were told that the bond funds would pay for repairing dilapidated schools, not building new ones.

The lawsuit, filed jointly by United Teachers-Los Angeles and the Hotel and Restaurant Employees Union, charged that the district violated several laws by not putting the project out to competitive bids and that it bypassed the oversight committee required by Proposition BB.

UTLA President Day Higuchi said the union ultimately favors building the school despite its objections to the way the project has proceeded so far.

Jesus Quinonez, UTLA’s attorney, said the judge’s tentative ruling will jeopardize district plans to pay for half the project with state funds, possibly costing the district millions in general funds.

The judge said that state money received by the district to purchase land for the school cannot be used to pay for construction.

But school district counsel Richard Mason said the project will not be hampered by the decision because the district will not be prohibited from using other state grants for construction.

Wayne’s ruling was tentative, pending her consideration of proposals from both parties over details of the injunction. She is expected to issue a final ruling Monday.