In both a bold move and preemptive strike that surprised and shocked Richmond movers and shakers, all four owners of the three properties that make up the highly contentious “North Richmond Shoreline” in Richmond announced on Friday that the entire area will be deeded over to the Muir Heritage Land Trust as a charitable donation. This will presumably end the ongoing and bitter jousting among property owners, open space advocates and City Council members about the General Plan designation for the area. Also, see North shore issue, background.

The donation will, however, carry a curious and creative deed restriction that bars any future use of it as a public park or similar public recreational use. The Land Trust, which will own the property in perpetuity will be able to utilize it for narrowly specified uses, including agricultural uses for the cultivation of medicinal cannabis for Richmond’s six recently permitted dispensaries. This will create a cash flow for the Land Trust that it can use to maintain the property and use for other open space acquisitions.

Josh Genser, designated spokesman for the donors, said that unlike continuing uncertainty in the real estate market as well as equivocation related to the Richmond General Plan, a donation by the property owners could have the certainty of substantial tax benefits derived from the donation, and they could apply those to current tax liabilities and realize a profit more immediate and perhaps greater than if they waited on the market and the political fate of the General Plan, not to mention the time and uncertainty associated with potential litigation, which they have threatened. “Potential lenders and purchasers were also spooked about sea level rise, “added Genser, “ which added another layer of complexity and uncertainty.”

“If you can use them,” said Genser, tax deductions are just as good as cash derived from a sale, and, guess what, you don’t have to pay taxes on them.”

“I have to admit, however,” continued Genser, “ there was a bit of a spite motivation on our part. The East Bay Regional Park District and the Richmond Progressive Alliance have been trying to steal this land from us for park use for years by forcing us to fire sale it. We may not be maximizing our potential profit, but we will have the satisfaction of knowing that it will never be used for a park.”

Those who know Jerry Overaa, one of the owners, were less surprised, aware that he and his company have been major supporters of the Muir Heritage Land Trust for Years. Jerry Overaa confirmed the family’s significant donation, saying, “Overaa has had the good fortune over the years to succeed and thrive in our community. We are dedicated to giving back to the community and the environment … One of our other passions is helping preserve open land in the Bay Area with our support of Muir Heritage Land Trust.”

Dan Murray, another property owner, explained his passion for the cannabis cultivation provision in the deed. “The City’s six dispensaries will need a lot of weed, and if it is grown locally, it will create jobs for Richmond residents and tax income for the City of Richmond. It will also be less vulnerable to Federal enforcement than if it comes from somewhere like Mexico or Mendocino County. The fact is that my land has been used agriculturally for years; you can see my horses grazing out there as we speak.”

Bob Herbst, of JHS Properties, representing owners Joe and Heidi Shekou, echoed Ovaraa’s commitment to community philanthropy. “We’re all local and are the type of people to give back to the communities where our projects are located.  Joe and Heidi’s philanthropic track record in Marin spans far beyond the Marin Symphony…”
Reaction from Richmond City Council members, some of whom were in a committee meeting on Friday when they heard about it,  was both explosive and immediate.

Nat Bates responded with a mix of elation and disappointment. “I’ve been telling everyone for years that Richmond has too many parks,” lectured Bates, “so this generous donation will end park expansion plans of the greedy RPA and make sure the North Shore never becomes a playground of the effete.”

“I support the dispensaries, and everyone knows I support local employment,” Bates continued, “ but frankly, I would have rather seen something like a container port, refinery or a smelter out there that would result in really good paying manufacturing jobs and tax revenues.”

Corky Booze, another proponent of both dispensary proliferation and local jobs, articulated similar but distinctive concerns. “Everybody knows parks don’t create jobs, so we’ve lost nothing there. However, I can support this only if my people are guaranteed all the cultivation jobs. If these positions go to out of town people, that’s the end as far as I am concerned. To the people watching at home, I say, they will have to deal with Corky Booze, and that is not a pleasant experience I can tell you.”

Jim Rogers, who had a vision of a utopian village that combined a world class shoreline recreational experience with a green job-rich commercial enclave, was not altogether happy. “I could have brokered the perfect project, he moaned, “ if only they had bought into my dream.” “While I still believe in maximizing the number of dispensaries for Richmond’s afflicted population,” mused Rogers, “I just can’t abide the North Shoreline going to pot.”

Jeff Ritterman, on the other hand, was just short of ecstatic. “I can imagine fields of waving cannabis to cure the suffering of Richmond’s underserved masses, said Ritterman, a retired medical doctor, “ and maybe they could do one of those mazes like they do in cornfields to provide a recreational component that would enable people to personally experience this unique habitat.” “I know we can’t force it, but a resolution of the City Council could carry a lot of weight.”

“I do have some regrets,” continued Ritterman, “that the commercial development I previously supported here will never happen, but on the other hand, what could be more commercial than millions of dollars of high grade, home grown, Richmond Red? It’s clean; its green and it’s good for you.”

Jovanka was at first more subdued than the others as she hissed sotto voce to her seatmate, Corky Booze, “You’re just chasing the money, Corky, tell the people the truth.” Then, for all to hear, she spoke out, “This is just a plot to cheat the people of Richmond out of their birthright. I guess we have no choice, but if I could vote against it, I would.”

When contacted for her take on it, Mayor McLaughlin first lamented, “The people expected this to be open space, and it appears that will happen, but there will be great disappointment that it doesn’t become accessible to the people as a park – which it rightly should be. This will just devastate Whitney [Dotson] who has spent years of his life on this.

“On the positive side, however,” brightened up the mayor, “it will become a type of community supported agriculture. Also, you know how committed I am to cooperatives in Richmond, and a marijuana collective is just another type of cooperative. I think we can say that this fits with our program.”

“What about a federal crackdown?” asked Don Gosney who happened to be in the audience.

“I think we have that covered,” responded Genser. “As a lawyer, I have researched this and prepared an extensive brief. The short version is that the Feds have signaled that they won’t interfere with an outdoor growing operation as long as the product stays in Richmond. Unlike weed grown indoors, there is only a single crop per year, and there is no electricity required for grow lights. Did you know that 2% of all electricity in California goes to marijuana grow lights? Apparently, sustainability trumps illegality. Global warming, and all that.”

Adrienne Harris, chair of the Richmond Shoreline Festival and a member of the North Richmond Shoreline Open Space Alliance, rejoiced, “Well, this will certainly give the next Shoreline Festival a new focus. If we can get the dispensaries to become sponsors, with their resources we can take the festival to a new high. Our theme could be along the lines of a harvest festival – not to be confused, of course, with our mascot, the Salt Marsh Harvest Mouse.”

As for me, I wish you a happy April Fool’s Day!