SUPERVISORS BAR REHAB FACILITY IN OILDALE

The Kern County Board of Supervisors prevented an alcohol and drug
treatment facility from opening in Oildale.

Supervisors voted 4-1 to support an appeal filed by Oildale resident Paul
DeMarais. Supervisor Steve Perez was the lone dissenter.

DeMarais and a group of residents had asked supervisors to reverse a July
decision by the county Board of Zoning Adjustment to allow the Turning
Point Foundation to open a rehabilitation center at 2525 North Chester Ave.

Officials from the county Planning Department and county attorneys
supported the zoning board's decision, saying the county could be leaving
itself open to a lawsuit if it denied Turning Point's application.

Residents vowed to fight the proposed clinic, fearing crime, a decline of
property values and the safety of their children.

"We didn't have a choice. We had to win," said DeMarais, who was elated
with the board's decision. "We got to preserve our neighborhood. One thing
about Oildale, we're still a sleepy, safe community."

After Monday's decision, supervisors asked the Mental Health Department to
work with Turning Point to find another location. Turning Point was set to
provide some substance abuse services for the county agency.

Mental Health officials told supervisors they chose to offer services at
the site because Oildale residents are the fourth-highest users of county
substance abuse services.

The supervisors' decision to reject Turning Point's Oildale center
surprised company officials.

"We plan to sit down with Mental Health and come up with an alternate
location," said Rick Ross, attorney for Turning Point. "Legally, I could
fight this thing. I'm not going to."

Ross was referring to laws protecting those with drug and alcohol addiction
problems.

Drug and alcohol addiction is considered a disability covered by the
Americans with Disabilities Act and fair housing laws.

Zoning board members weighed those laws in approving the facility.

At the time, residents' concerns were based on fear, which was not enough
to deny Turning Point's request, county attorneys said. Turning Point's
request could be rejected only for land-use reasons.

Under the appeal, DeMarais cited land-use impacts such as increased
traffic, noise and pollution.

While county planning officials disagreed, supervisors were convinced
residents were right.

"There is a lot of apprehension and fear, but we have to make our decision
on land-use issues," Supervisor Jon McQuiston said.

"It is my opinion that there's valid basis of denial based on a land-use
policy. This proposal is incompatible with the surrounding area."

Perez told residents he understood their concerns but chose to support the
earlier decision to allow the center, noting he didn't want to spend
taxpayer dollars litigating the issue.

Meanwhile, Elena Wood, another resident, said she was pleased with the
board's decision.

She was initially worried supervisors would vote against the residents' appeal.

"It's just a shame," Wood said. "The Americans with Disabilities Act
supercedes the community's rights. It gives power to disabled people and no
power to other people in the community. I think that's reverse
discrimination."