Another dispute over the late Senator Nejedly's Walnut Creek property

City staff said yes. But the Zoning Administrator said no to a development plan proposed by the son and daughter-in-law of the late state Senator John A. Nejedly. They want to subdivide the political patriarch's rural 13-acre property into four parcels for the construction of three new homes.

Going against the Zoning Administrator's "no," the Planning Commission staff is recommending that the Commission say "yes" to the plan at its meeting next Thursday. That is, if the project is "supportive" of the city's Hillside Performance Standards. These standards say that any new hillside development should minimize visual and environmental impacts. Nejedly's son and daughter-in-law, Jim and Jaine Nejedly, also are appealing the Zoning Administrator's March 31 rejection of their plan.

The grass- and oak-covered property is located just off Tice Valley Road. The couple maintained the property and helped keep the late senator there, rather than send him to a nursing home, up until his death in 2006 at age 91. A Planning Commission staff report says that the property currently has one home on a knoll. The home was where the late senator lived. The couple would like to keep the home there, and subdivide the remaining property into three parcels for three additional homes. The new parcels would be about one acre each.

But here's the conflict. Andrew Smith, the zoning administrator, believes that the proposed development is "inconsistent" with several policies in the General Plan, and that the property is essentially not suitable for this type and density of construction.


Here's a big rub, according to Smith. He says that the existing home actually consists of two residential units--not one. And, he says, based on a slope-density calculation contained in the city's zoning laws, this property should only have a total of four dwelling units. Jim and Jaine Nejedly want to build three new single-family homes. But Smith says that since there are already two existing residential dwellings, the three new single-family homes would bring the total number of residences to five. In his opinion, five residences on the property would be too many.

This isn't the first time there has been disagreement about this land, which is accessible by Monticello Drive. The land--which is not too far from my own home--was the subject of a bitter family dispute among Nejedly's three children after Nejedly's death.

On one side were Jim Nejedly and his sister, the Contra Costa County Supervisor Mary Nejedly Piepho. On the other side was their older brother, John T. Nejedly, a Contra Costa Community College trustee who has recently declared his intent to run for county assessor against incumbent, Gus Kramer. Senator Nejedly purchased the property in 1951. In his trust, he sought to maintain the rural nature of the land; he also wanted to repay Jim and Jaine Nejedly for taking care of the estate as he was ailing.

This summer, the lawsuit over the estate came to a close with John T. Nejedly, deciding to drop his case.

Rural Walnut Creek estate of late state Senator Nejedly to be readied for small development

The son and daughter-in-law of the late state Senator John A. Nejedly have applied to Walnut Creek's zoning administator to subdivide the political patriarch's 13-acre grass- and oak-covered property into four parcels for the development of three new homes.

James and Jaine Nejedly maintained the property off Tice Valley Road and helped keep the late senator there, rather than sending him to a nursing home, up until his death in 2006 at age 91. The property currently has one single-family home on a knoll (the late senator's)  The couple would like to keep that home there, and subdivide the remaining property into three parcels for three additional homes. The new parcels would be about one acre each. 

Their request will be considered at the Zoning Administrator's meeting next Wednesday.

This land was the subject of a bitter family dispute among Nejedly's three children. On one side were James Nejedly and his sister, the Contra Costa County Supervisor Mary Nejedly Piepho. On the other side was their older brother, John T. Nejedly, a Contra Costa Community College trustee who has recently declared his intent to run for county assessor against incumbent, Gus Kramer. This summer, the lawsuit over the estate came to a close with John T. Nejedly, deciding to drop his case.

Nejedly purchased the property in 1951 (not far from where I grew up and now live). Senator Nejedly, in his trust, sought to maintain the rural nature of the land; he also wanted to repay his his son, James, and James' wife, Jaine, for taking care of the estate as he was ailing.

The couple are now moving forward with plans that seem headed for approval. According to a staff report prepared by Zoning Administrator Andrew Smith, the proposed subdivision, together with its design and improvements, is consisent with the General Plan and single-family zoning policies for that area. The community development director also found that the project would cause no substantial adverse environmental impacts.

Life-styles of Contra Costa's rich and politically connected: Not so charmed

There are two intriguing updates on the trials and tribulations of PeopleSoft founder David Duffield's failed plans to build an uber mega-mansion in an exclusive Alamo enclave and the sibling rivalry-turned lawsuit among the three adult surviving children of the late state Senator John A. Nejedly. These updates are reported in today's column by Contra Costa Times Political Editor Lisa Vorderbrueggen.

It turns out that Alamo residents and Save Mount Diablo prevailed in their 3 1/2-year battle to force Duffield to scale back the size of his mansion. Darn, at its originally planned 72,000 square feet, it would have been bigger than Hearst Castle, the model for Citizen Kane's Xanadu and it could have potentially been the biggest, ugliest house in suburbia, a showcase for my occasional Big, Ugly Houses feature. This is a feature that some readers love and others detest. Citizen Kane's Xanadu received a mention in my first Big, Ugly Houses post.

Actually, at 18,067-square-feet, it could still qualify for a Big, Ugly Houses write-up. That is, if Duffield lives up to to principles of Big, Ugly Househood, and hires an architect with an aesthetic design sense out of the '80s, that era of big hair, big shoulder pads, Dynasty, and over-the-top Lifestyles of the Rich and Famous displays of lavish living and "champagne wishes and caviar dreams."

Vorderbrueggen reports that "Save Mount Diablo withdrew its challenge of the project and in exchange Duffield will place conservation easements on roughly half the 21-acre parcel, which is next door to Mount Diablo State park. For the neighbors, Duffield agreed to a plethora of conditions such as restrictions on construction hours and the use of worker shuttles to cut down on traffic."

Speaking of Duffield, he sold Pleasanton-based PeopleSoft to Oracle in 2005 and in February 2008 founded Workday Inc. in Walnut Creek, described in a press release as company that delivers software to customers that help them "to link technology solutions to meet business requirements."

The Nejedly sibling rivalry is pretty nasty and, according to Vorderbrueggen, is heading to court. It centers on a lawsuit filed by one of Nejedly's son's, Contra Costa Community College Trustee John T. Nejedly. He asserts that his brother, James, and sister Mary Nejedly Piepho, the Contra Costa County supervisor, "conspired to cheat him out of his share of the estate of their father," who served as state senator for District 7 from 1969-1980 and who died in 2006 at age 91. (Pictured here is the Nejedly patriarch, John A. Nejedly, and his three children, Mary, James, and John T., in evidently happier times).

In a July 2007 story Vorderbrueggen wrote about the family squabble, she said that court records show that John T. Nejedly alleges that "his father disinherited him under the influence of painkillers and hostile siblings. The rift between him and his aging father began widening in late 2002 when Jim and Mary 'made repeated false assertions' to their father that his elder son was using 'alcohol and drugs, that he could not be trusted, that he was a danger to himself, and that he had abandoned his wife and children.'

Vordebrueggen quotes a "a longtime family friend" who "recalled the senator confiding in her often about his problems with John T., describing [the late senator] as heartbroken and disillusioned by his son's behavior."

The estate in question mostly involves 13 grassy, oak-covered acres in Walnut Creek near Tice Valley Boulevard, which the late senator purchased in 1951. I'm familiar with this property. It's in the neighborhood where I grew up, and we always knew it as belonging to a local political celebrity, John Nejedly, the one-time Contra Costa District Attorney and state senator.

Senator Nejedly, in his trust, sought to maintain the rural nature of the land, Vorderbrueggen writes. He also wanted to repay his son James, and his wife, Jaine, who maintained the estate and helped the old man stay in the house he built there, rather than be sent to a nursing home.

In today's column, Vordebrueggen says, "James and Mary say they are honoring the wishes of their father, who clearly spelled out in his trust and in a taped video why he disinherited John T." Apparently, the siblings tried to work out their dispute through mediation, and a court date has been set for August.