Pubdate: Tue, 01 Sept 1998 Source: Bakersfield Californian Section: Local News Contact: http://bakersfield.com/top/i--1307523093.asp Author: Olivia Garcia, Californian staff writer 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." - ---