BOARD OUSTS DEVELOPER OF BELMONT.

Byline: Greg Gittrich Staff Writer

The Los Angeles school board voted unanimously Tuesday to fire the developer of the Belmont Learning Center and declared a state of emergency at the site of the nation's costliest high school.

Escalating the battle between Los Angeles Unified and Temple Beaudry Partners, the district's top investigator revealed that he had issued a subpoena for documents to the developer last week and fired off four identical demands to subcontractors moments before the board's vote.

Both actions push the nation's second largest school district closer to a nasty legal showdown with the developer, led by Kajima Urban Development, over construction of what could turn out to be a $282 million school.

``Kajima is out,'' said board member David Tokofsky. ``We would have to re-engage them. It's a choice the board would have to make. We'd decide.''

In its unanimous decree, the board blamed Kajima for failing to meet last week's deadline to board up the partially completed high school and suspend construction. Nearly half of the complex remains exposed.

The board action, which requires approval from the county superintendent, authorized LAUSD project manager Edwin Weyrauch to hire a new contractor to weatherproof the campus and padlock the property.

If the board opts to finish building the environmentally troubled school, it would be required to first vote to go forward and then agree upon a developer to complete the work, said Richard Sheehan, the district's top lawyer.

Nevertheless, the law firm representing the district in negotiations with the developer maintained the vote did not break the original development agreement.

``No options have been closed,'' said a lawyer for the district.

In a prepared statement, Temple Beaudry Partners said it has ``fully and faithfully met all of its contractual obligations'' and hinted at legal action, saying it would focus on ``resolving contractual issues.''

``We have consistently tried to work cooperatively with the district in a partnership that would assist the district in achieving its goal of providing a facility in a severely under-served area. We are disappointed that the partnership is now ended,'' said Kenneth J. Reizes, a project executive for Kajima.

``The district is being disingenuous in saying we are unable or unwilling to complete the work.''

The relationship between the district and Kajima began to deteriorate in June, after the Daily News revealed the developer had given incomplete data to the Los Angeles City Fire Department about the extent of methane gas problems at the site.

Belmont was designed to include a shopping mall, low-income housing and classroom space for 5,000 students. But it sits half-completed atop an oil field seeping potentially deadly and explosive gases.

While $170 million has been invested in Belmont, it remains unclear if the environmental problems will prevent the school from opening safely. The district would have to invest another $112 million - almost exactly the same price of a new high school - to complete the campus.

Waiting for state experts to finish environmental tests at the site, the board first ordered the developer to slow construction in mid-July and authorized spending no more than $2.2 million through Oct. 15 to protect the site from vandals and weather. The board agreed to extend the deadline on five occasions, finally agreeing to spend $550,000 more to close the site by Nov. 23.

In early November, the developer refused to sign the modified agreement and demanded that the district itemize the tasks it wanted completed. In response, Weyrauch sent the developer a list of 46 areas that needed to be weatherproofed. The tasks ranged from closing up windows with plywood to completing masonry, and an extension to Dec. 17 was offered.

Kajima balked at the new time limit, arguing it would take three months to complete the long list of work, and Weyrauch charged the developer had violated its contract to build Belmont.

The developer responded by ridiculing LAUSD management of the project in a two-page letter, calling the direction ``arbitrary, vague and misleading to the point of providing impossible tasks and deadlines.''

By finding that an emergency condition exists at Belmont, the board permitted Weyrauch to hire a contractor without its approval or competitive bidding. State law requires the county superintendent to sign off on the board vote.

The board authorized Weyrauch to get estimates from three contractors to secure the site for no more than $1.2 million. The work is expected to be completed Dec. 22.

Don Mullinax, director of the LAUSD Internal Audits and Special Investigations branch, said he issued subpoenas to the developer and subcontractors to ``safeguard'' documents in light of the ``deteriorating relationship'' between the firms and the district.

Along with Temple Beaudry Partners, Mullinax issued subpoenas to Turner/Kajima, a joint construction venture; Weingardener Masonry; Downey Electric Inc.; and Keenan, Hopkins, Suder and Stowell Contractors Inc.

A majority of the school board has indicated they are leaning toward abandoning Belmont. A vote on the fate of the school will likely take place next week.