HOSPITAL ANSWERS ALLEGATIONS.

Byline: Karen Maeshiro and Jim Skeen Staff Writers

PALMDALE - Antelope Valley Hospital officials have agreed to declare any votes that might be interpreted as an attempt to take over a site of a new hospital as ``null and void'' in a bid to end litigation with the city of Palmdale.

In a resolution approved by its board, the hospital district states it wishes to avoid further controversy and litigation and is declaring its appraisal and offer to acquire the Palmdale hospital site null and void.

The resolution, however, includes language that leaves open the possibility of eminent domain action in the future, stating that if hospital officials decide to pursue that option they would start the process anew.

The resolution reiterates hospital board members' past statements that, although they have discussed the possibility of eminent domain, they have not actively pursued that option.

However, the hospital board said it is declaring null and void actions taken to date that might be interpreted as eminent domain actions.

Hospital officials said the resolution was a response to allegations contained in Palmdale's lawsuits. They said hospital representatives have met with city officials to discuss the litigation within the past few weeks.

``This is an answer to their complaints. The board discussed the lawsuits, and here are their (answer) to those alleged incidents. The board is clarifying their intent,'' hospital spokeswoman Jackie Weder said.

The legal battle centers on what city officials view as an attempt by the hospital district to block Universal Health Services from building an $82 million hospital complex at 38400 Tierra Subida. In June, the day before a groundbreaking ceremony for the UHS hospital, the hospital district offered $9.3 million to acquire the UHS site. The bid was viewed by city officials as a preliminary step toward eminent domain actions by the hospital district.

In July, in a filing for a writ of mandate, city officials accused the hospital board of violating California's open-meeting laws discussing the site acquisition in a closed session when that issue was not listed on the agenda.

The city also alleged hospital officials discussed the use of eminent domain to acquire the land before making an offer to purchase the property.

Hospital district officials vehemently deny the city's allegations.

The city has since filed three more legal actions, one alleging the hospital district is in default of a development agreement in the operations of its eastside Palmdale clinic and two alleging more violations of the state open-meeting law.

Hospital director June Snow said she hopes the city would drop the lawsuits, characterizing them as ridiculous and unfounded.

``They act like we did something we shouldn't have done. Looking at our options is part of what we should be doing. We never made a decision that we wanted to take that land. We talked about it, it was something we could do. None of us ever decided to do it,'' Snow said.

Snow said the purpose of the resolution ``is to clear the air and make the truth available to the city of Palmdale if they choose to listen.''

Antelope Valley Hospital officials said they tried, but we unable to work out a partnership arrangement with Universal Health Services for the new hospital.

Hospital district officials have said they fear that the new private hospital will draw off patients with insurance, leaving Antelope Valley Hospital caring for a higher percentage of patients unable to pay for their treatment.

Hospital director Dr. John Manning said Antelope Valley Hospital does not oppose the hospital in Palmdale.

``But we adamantly oppose them not taking Medi-Cal patients since they have taken almost $15 million in taxpayer money,'' Manning said.

Deputy City Attorney Noel Doran said hospital officials appear to have violated the open-meeting law again by approving the resolution because it was not properly listed on the board meeting agenda.

``They passed a resolution in violation of the Brown Act in an attempt to extricate themselves from Brown Act allegations,'' Doran said. ``There's the irony.''

The resolution also specifically does not void the initial authorization by the board to the district's chief executive officer, Les Wong, to make an offer for UHS's Palmdale site. City officials allege that authorization was made in violation of the Brown Act.

Palmdale Mayor Jim Ledford said he was encouraged by the resolution declaring eminent domain actions as null and avoid.

Ledford said he believes the region could actually support two new hospitals and that the city's hope is to be able to work with the hospital district on a second facility.

``There is a future for both entities,'' Ledford said.