We thought readers who wanted a break from the mismanagement of the Oakland Tree Services Program, would like to hear a quick update on the Nic Nak. After a long and contentious public process that resulted in the approval of a convenience store, but the denial of alcohol sales at the Nic Nak, the owners of the Nic Nak seem to have lost steam. Their convenience store is open erratically, but mostly shuttered, fenced off and closed with little to no interaction with the neighborhood and community. From time to time someone will sell watermelons from the parking lot. Signs on the property still advertise the sale of alcohol, even though it is prohibited. Surprisingly, several days ago the billboard on the property was removed. Apparently, the Pannells have yet to sue the City as threatened at the public hearings and encouraged by Councilmember Desley Brooks. Most likely, they have not done so because their legal case has little merit. Just as Councilmembers Desley Brooks' and Rebecca Kaplan's support of the Nic Nak had little merit.
The supporters of the Nic Nak, such as Councilmembers Desley Brooks and Rebecca Kaplan, were adamant that the owners were good, law abiding citizens, who ran a clean business. There is no doubt the site is well-maintained and clean, free of graffiti, litter and weeds. Yet, despite their claims, the Pannells still seem to think the rules and laws do not apply to them. As a condition of operating the convenience store, the conditional use permit requires the Pannells to carry out several improvements including relocating portions of the fence, installing some landscaping, pulling the sign pole off the public right of way and removing the RV that is parked on site. The Pannells have made little effort to fully comply with the conditional use permit. So where are Councilmembers Desley Brooks and Rebecca Kaplan when it comes to enforcing the terms of the Nic Nak's permit since they were such staunch supporters?
Councilmembers Desley Brooks and Rebecca Kaplan suggested they would work with the Pannells and encourage them to use City programs to determine what kind of development and uses could be undertaken at the site once it became clear alcohol sales would not be approved by the City Council. It is unclear whether the City Councilmembers or the Pannells have made such efforts to date. The community would certainly be interested in a pedestrian-oriented development that takes advantage of the transportation corridors along Shattuck and Alcatraz and that had neighborhood serving uses. But not the liquor store of which Councilmembers Desley Brooks and Rebecca Kaplan were staunch advocates.
What is interesting is that two of the most ardent public supporters of the Nic Nak's application to sell alcohol in an already over-saturated liquor store market, Desley Brooks and Rebecca Kaplan, are running for election. Desley Brooks is asking her constituents to return her to another term on the City Council and Rebecca Kaplan is seeking a Mayoral bid.
If you recall, Desley Brooks intentionally accused the opponents of the Nic Nak liquor sales of being racist and sending out racist emails. She did this at two separate public hearings. When called to task on this and asked to back up her inflammatory statements through a Public Records Act request, Desley Brooks stalled, stonewalled, and then failed to respond in a timely fashion. She had to be bird-dogged by the City Attorney to comply. After threats of litigation and public exposure, she finally complied and provided some of the emails. She conveniently left out several key emails. As expected, there was no smoking gun. Desley Brookes had intentionally misled the City Council and the public with her inflammatory accusations. Some might say she lied. One term does come to mind--ethically challenged and morally bankrupt. Certainly not someone who should be returned to City Council by the voters.
As for Rebecca Kaplan, the Pannells have posted in their window a sign supporting Rebecca Kaplan for Mayor. If you recall, Councilmember Kaplan was "ensnared in a racial dispute"
http://www.eastbayexpress.com/ebx/kaplan-ensnared-in-racial-dispute/Content?oid=1737565 over the Nic Nak. Her staunch support of more liquor stores seemed to many North Oakland residents to be a quid pro quo vote swap for the support of the Oakland Black Caucus and Geoffrey Pete and a misguided effort to pander to black voters. The fact that Rebecca Kaplan has an impressive academic resume, including a BS from MIT, an MA in Urban and Environmental Policy from Tufts and a JD from Stanford Law School, did little for her in analyzing the Nic Nak fact pattern and applying the law to the facts. Her eagerness to sell out, and her inability to see past the greedy political buy-off from Geoffrey Pete and the Oakland Black Caucus and do the right thing by denying the Nic Nak's ability to sell liquor, was shocking and revealing. Hardly the leadership needed to steer Oakland in the right direction and certainly not mayoral fiber. Not surprising is that Geoffrey Pete has strongly endorsed Rebecca Kaplan.To this date, Rebecca Kaplan has failed to adequately explain her support of the Nic Nak Liquor Store. Just ask her campaigners why she voted to approve Nic Nak and watch them scatter.
In the upcoming election, just say no to Desley Brooks and Rebecca Kaplan. Don't be fooled by the slick packaging and glossy ideas.
Rebecca Kaplan and Desley Brooks are hardly the type of leaders Oakland needs..
