Category Archives: Seeno

Seeno vs. Seeno feud casts shadow over huge East Bay land deal

Borenstein: Seeno v. Seeno becoming building empire’s ‘War of the Roses’

Revelations from family legal feud should concern Concord council with Naval Weapons Station project on the line

Mercury News, by Daniel Borenstein, January 5, 2023

Albert D. Seeno Jr., left, has sued his son alleging that Albert D. Seeno III, after his appointment in July 2020 as chief executive officer of his father and uncle’s businesses, improperly spent money and tried to shut them out from their own companies.

As Albert D. Seeno III seeks to strike a deal with Concord officials to lead the Bay Area’s largest development project, his father is trying to fire him as CEO of five companies in the family’s building empire.

In a stunning public airing of the internal fight for control of the businesses, Albert D. Seeno Jr., 78, has sued his son alleging that Seeno III, after his appointment in July 2020 as chief executive officer, improperly spent money and tried to shut out his father and uncle from their own companies.

While this court battle may seem like an internal business and family dispute, the allegations about Seeno III’s behavior and finances should concern members of the Concord City Council as they consider whether to partner with him for 40 years to develop the Concord Naval Weapons Station site.

Seeno Jr. says his son previously had taken hundreds of millions of dollars without permission from his father and his father’s companies, has debt of over $100 million, bullied his father to hire him as CEO under threat that he would otherwise never see his grandchildren, and has been abusive and misogynistic toward employees.

“Your anger is out of control, you need anger management, counseling and medication. The way you treated multiple … employees is unlawfull (sic), malicious, vindictive, mean spirited and outright wrong,” the father says in a handwritten note to his son contained in the court file…. [By request of the author, this article is continued only on the Mercury News / East Bay Times website, requiring subscription. Go to Mercury News / East Bay Times ]


CONCORD/CONTRA COSTA BACKGROUND:
BENICIA BACKGROUND:
AND, here’s current information from the City of Benicia website, https://www.ci.benicia.ca.us/northstudyarea:

North Study Area

The North Study Area visioning project aims to solicit public input on potential future land use options for the North Study Area property. Community input, together with an economic analysis and evaluation of the property conditions, will be used to develop several mixed-use concepts for further public review. Once completed, the landowner may determine whether to move forward with initiating land use applications which must include a “Master Plan” (i.e., Specific Plan) as required by the Benicia General Plan and Zoning Ordinance.

The study area is a 527-acre undeveloped property in the northeast corner of the city. The property is within the City’s urban growth boundary and fronts on Lake Herman Road and East Second Street.  Although a number of site development proposals have been considered over the years, most recently in 2016, none have come to fruition. The property is currently zoned Limited Industrial (IL) and General Commercial (CG).

Visioning Process

The City wants to partner with the community to envision the future of this area, which is the last remaining large tract of privately-owned undeveloped land within Benicia.

There will be a variety of opportunities to learn more about this effort and to provide feedback over the coming year. The City will solicit public input through a series of community meetings, public events, and on-line engagement opportunities. To receive the latest updates, you can sign up for project email notifications here.  The City expects to complete the visioning process by late 2023.

The North Study Area Community-Led Visioning Process is divided into the following primary tasks:

  • Existing Conditions Review: Review of background materials and existing conditions information relevant to the visioning process.
  • Economic Analysis: Analysis of real estate market conditions, financial feasibility of land use alternatives, and net annual fiscal impacts of land use alternatives.
  • Issues and Options: Evaluation of key issues and options associated with development options.
  • Mixed-use Concepts: Consideration of alternative land use concepts for the property.
  • Summary Report: Summary of public input received and areas of consensus that emerged from the visioning process.

Advisory Group

The City has formed an advisory group for the North Study Area project to help distribute information about the project, provide feedback on project materials, and to bring together diverse community perspectives. The advisory group consists of one representative selected by each of the following City committee/commissions and community organizations.  Meetings are open to the public.

City Committees/Commissions:

  • City Council Subcommittee for the North Study Area (2 members)
  • Economic Development Board
  • Community Sustainability Commission
  • Committee United for Racial Equity
  • Planning Commission

Community Organizations:

  • Benicia Chamber of Commerce
  • Benicia Industrial Park Association
  • Matthew Turner Elementary Parent Teacher Group
  • Sustainable Solano
  • Benicia Unified School District
  • Housing First Solano

Project Documents

Community Meetings
Workshop #1 – November 2022

Advisory Group Meeting
Advisory Group #1 – November 2022
Agenda
Memorandum
Presentation
Existing Conditions Maps
Priorities

Background Documents

Adopted City Plans and Policies

Studies and Reports

Other Materials 

Seenos, Grayson, Concord Police join with Christian Nationalist PAC to support Concord Council candidate

[Editor: PLEASE NOTE CORRECTION – On Sep 25, I received an email from Lisa Tucker of the Tim McGallian for Concord City Council Campaign. According to Tucker, “Concord Council Member Tim McGallian has not endorsed Robert Ring for city council. In fact, Mr. McGallian has endorsed his colleague, Council Member Laura Hoffmeister.” Other claims in the article remain, and are highly significant – please continue reading! – R.S.]

Concord Police and Theocratic Nationalists Endorse Same Council Candidate

IndyBay.org, Open-Publishing Newswire, by News You Can Use, September 23, 2022

Candidate Robert Ring is endorsed by the Concord Police Department for the District 1 council seat. Robert Ring also has the support of the American Council, a Christian Nationalist PAC which is supporting like-minded candidates in city council and school board races.
sm_ring_has_christian_nationalist_support.jpg

The Concord Police Officer’s Association have gone all in on Robert Ring. Concord’s fourth district has 3 candidates, and Robert Ring is their guy. During last month’s Contra Costa County TV forum for D1 candidates, He touted his double endorsement from the Police Association and the Contra Costa County Deputy District Attorney’s Association. Ring said “I am the candidate of law and order.” Video: https://www.youtube.com/watch?v=uN-KtPXDnzs

As part of his platform, Robert Ring proposes raising the pay of the police department. Ring acknowledges that 57% of the Concord city budget goes to the police, but he is calling for an increase for pay and for equipment. Ring has not explained where the money for such an increase in police spending is going to come from.

Robert Ring received $1,500 from the police association. It’s an investment. Need to spend to money to make money.

Ring is the “law and order” candidate. What guides his sense of what that phrase means? Is he guided by the “Book of American Laws” (She-Hulk reference, I couldn’t resist) or could Ring be guided by some particular religious sense of “law and order”?

Robert Ring received a payment of one-thousand dollars from a Christian Nationalist PAC called the The American Council for Evangelicals (or just The American Council for short). The American Council is a California based PAC that is trying to place candidates in city councils and school boards. They have candidates who are sympathetic to their theocratic values. The American Council is mobilizing to seat candidates who believe American is a Christian nation, and should be governed by their ultra-Conservative interpretation of the Bible. Robert Ring is one of those theocratic nationalist candidates.

On the subject of LGBTQ+ rights, the American Council does not approve of homosexuality nor same-sex marriage. The PAC believes that liberal attitudes of supporting the the LGBTQ+ community are damaging. They believe American society has compromised too much to the LGBTQ+ community. They believe these compromises are separating America from God.

Their stated goal is “mobilizing people of faith to pursue revival and reformation in America.” (https://www.theamericancouncil.com) These are right-wing Evangelicals who want to Make American Great Again. Former Trump senior adviser Kayleigh McEnany is headlining the American Council Gala. This is a fundraiser to “fight for Biblical values in in legislation and the ballot box”. (Info here:  https://americancouncil.ticketspice.com/the-american-council-gala) This is a theocratic fascist political movement, and Robert Ring is the candidate for “law and order” in Concord.

The general council for the American Council is Denise Grace Gitsham: a former White House aide for George W Bush, a public speaker at CPAC, and Trump supporter. Advising the American Council is Kelly Kullberg, who organized a far-right astroturfing network called the Kullberg Network. This was a 2020 pro-Trump campaign used to spread conspiracy theories, anti-Islamic sentiment and racial propaganda. This White Christian Nationalist effort also operated sock-puppet social media accounts for “Blacks for Trump”.  (Snopes: http://www.snopes.com/news/2020/11/03/kullberg-network-reemerges) Robert Ring received $1000 dollars from this organization. Robert Ring is the “law and order” candidate. The Concord Police Officers association has fully endorsed him.

Who else has endorsed Robert Ring? Sitting councilperson for Concord’s first district Tim McGallian. [See correction above.]  Ring also has the

Robert Ring for Concord City Council – I am grateful to have the endorsement of Assemblymember Tim Grayson….Thank you for support, Tim!

endorsement of Assembly-member (CA 14) Tim Grayson, a former city council member and an Evangelical preacher. Grayson was a Republican, who cleverly ran as a Democrat to get his seat on the state Assembly. Here’s a photo of Grayson and the “law and order” candidate: https://www.facebook.com/photo/?fbid=124613253684238

The Contra Costa Building and Construction Trades Council also endorse Ring. Ring is Pro-Seeno. The Seeno family of developers are in negotiation with the city of Concord to develop the Concord Naval Weapons Station. Ring’s two opponents are both against Seeno, as is the general public. The Seeno deal has become a huge scandal, with allegations of bribery and organized-crime tactics. Oh, the police association is also involved with this scandal, as they have openly supported Seeno. Why are the police involved in a construction and development matter? That’s a good question, which seems to involve some kind of quid pro quo. Ring’s the “law and order” candidate.

Christian Nationalists are supporting Robert Ring. The cops like him, too. The 2 Tims – McGallian [See correction above.] and Grayson – are all in on Ring. The endorsements and the checks are coming in…. Ring-A-Ding-DIng! Ka-ching!

sm_cpd_funding_christian_nationalist.jpg

Here is the contribution from the Concord Police Officers Association. They either didn’t do their research before choosing their candidate, or they did their research and they like what they see. After donating, they gave their official endorsement.

The Concord police do not have civilian oversight..

Stay tuned for more. Oh yes, there will be more!

Seeno attorneys request new trial – Save Mount Diablo says motion “Should be denied”

Seeno’s attorneys request new trial following Save Mount Diablo legal victory against Faria project in Pittsburg hills

The Pittsburg hills where the Faria project has been approved for construction, as seen from the San Marco neighborhood in Pittsburg. Photo: Scott Hein
607-acre, 1,650-home development next to planned Thurgood Marshall Regional Park – SMD leader says motion for new trial “should be denied”

Contra Costa Herald, by Allen D. Payton, March 3, 2022

Last Friday, Feb. 25, 2022, attorneys representing Discovery Builders and their Faria new home development requested a new trial for the lawsuit by Save Mount Diablo, following a judge’s decision in favor of the environmental group to stop the project. As previously reported, on March 30, 2021, Save Mount Diablo filed a lawsuit challenging the City of Pittsburg’s approval of the 1,650-unit Faria project, on the ridgeline between Pittsburg and Concord. According to the agenda item documents, the master plan overlay district encompasses approximately 607 acres of land. (See related article)

The motion for a new trial was filed “on the basis that the Court’s decision is not supported by the evidence and controlling legal authorities. Specifically…that there were several portions of this Court’s February 10, 2022, Statement of Decision that may not have fully considered evidence in the administrative record.” In addition, the motion asks that the “Court vacate its Statement of Decision and enter a new decision denying SMD’s motion” and “conduct a new hearing”. Faria project Motion for New Trial Parsons Dec. ISO Mot for New Trial      Raskin Dec. ISO Mot for New Trial    Faria project new trial Proof of Service

A hearing date on the motion for a new trial has been set for April 14, 2022.

The now named Thurgood Marshall Regional Park is directly adjacent to the Pittsburg City Council approved Faria project. Herald file graphic. Credit: Save Mount Diablo/Google Earth.

On the day of the decision, Save Mount Diablo issued the following press release about their legal victory: [Previously published here on BenIndy, see Save Mount Diablo Wins Major Legal Victory Against Seeno to Protect Pittsburg’s Hills.]

Save Mount Diablo Says Motion for New Trial “Should Be Denied”

Asked about the motion for a new trial, Save Mount Diablo Executive Director, Ted Clement responded, “Regarding the Seeno companies/Pittsburg request for a new trial, the Court has already rejected their arguments for reasons fully set forth in its decision. Their Motion for New Trial does not question the adequacy of the administrative record on which the Court properly based its decision (and which the City itself prepared) or suggest there was any other irregularity or unfairness in the hearing. Instead, they seek a second bite of the apple.”

“Their Motion reargues issues that were fully briefed and addressed in the Court’s Decision,” he continued. “They also seek to introduce irrelevant and improper extra-record evidence, violating black letter law that CEQA actions must be decided on the record that was before the agency when it made its decision.”

“Because their Motion provides no basis for this Court to order a new trial solely on the issues decided adverse to them, it should be denied,” Clement concluded.

SEENO News: Save Mount Diablo Wins Major Legal Victory Against Seeno to Protect Pittsburg’s Hills

former-CNWS-and-Pittsburg-hills-Cooper-OgdenEast County Today, Feb 22, 2022

CONTRA COSTA COUNTY — On February 10, 2022, the Contra Costa County Superior Court handed Save Mount Diablo a major victory in its legal challenge to the City of Pittsburg’s approval of the 1,650-unit Faria/Southwest Hills Project.

According to the ruling, the city’s environmental review was inadequate in numerous ways. Faria was proposed by Seeno companies/Discovery Builders, Inc./Faria Investors LLC on the spectacular and highly visible major ridgeline between Pittsburg and Concord and could include grading and houses visible across the ridge.

As a result, the City of Pittsburg is required to overturn approvals for the project and correct environmental review. The city and Seeno/Discovery Builders will also be required to pay Save Mount Diablo’s legal fees.

It remains to be seen whether the developers, Discovery Builders, Inc. and Faria Land Investors, LLC, or the City of Pittsburg will appeal the decision.

The Pittsburg City Council—then-Mayor Merl Craft; then–Vice Mayor Holland Barrett White; and Councilmembers Shanelle Scales-Preston, Juan Antonio Banales, and Jelani Killings—all voted to approve the proposal in February 2021. (The mayor and vice-mayor designations rotate among the councilmembers.) They ignored hundreds of letters and public comments that opposed the project. Save Mount Diablo filed a lawsuit challenging the project’s approval in March 2021.

If the project had moved forward, it would have meant the development of a major, new residential subdivision on 606 acres of ridgeline and hillside grazing land in what is currently unincorporated Contra Costa County, immediately south of the City of Pittsburg.

The biologically rich site supports sensitive wildlife species and rare plants and is in one of the most visible and most environmentally constrained areas of the county. The Faria project would have fragmented open space and damaged wildlife corridors.

The proposed housing development would have changed the beautiful green hills forever by annexing the property to the City of Pittsburg and locating 1,650 new residences far from jobs, transit, and services.

The Faria project would have also impacted the new East Bay Regional Park District (EBRPD) Thurgood Marshall Regional Park – Home of the Port Chicago 50 at the Faria site’s southwestern edge, formerly part of the Concord Naval Weapons Station. Save Mount Diablo and its partners advocated for the creation of this new park over many years. The Faria project would have been located directly above the new park on a ridgeline, degrading views from surrounding areas.

The Contra Costa Superior Court ruled that the City of Pittsburg’s environmental review of the project was inadequate in four major ways:

  1. It failed to analyze any impacts that would results from the 150 accessory dwelling units that were added by the City of Pittsburg at the last minute. This is important because the number of units affects every part of environmental review from traffic to water supply to schools, etc. and will make correcting the environmental review complicated;
  2. It failed to include a baseline description of biological resources that could be impacted by the project, specifically special-status plant species;
  3. It failed to consider the water supply impacts of adding 1,650 new housing units in the area, which is especially important given years of drought and increasing fire danger; and
  4. It failed to adequately disclose or mitigate the project’s air quality impacts, including greenhouse gas impacts, without which development will continue to make the climate crisis much worse.

“The court’s decision says to developers: ‘You don’t get to kick the can down the road. You have to do a thorough analysis of your project’s impacts before you lock in project approvals,’” said Winter King, Save Mount Diablo’s attorney from Shute, Mihaly & Weinberger. “The court got it right.”

The court’s ruling means that the City of Pittsburg’s approval of the project is null and void.

The court also noted that additional impacts—such as geologic hazard impacts resulting from grading and filling, and impacts on streams and agricultural lands—would need to be addressed in more detail.

Save Mount Diablo Executive Director Ted Clement said, “Throughout the East Bay, residents have worked hard to protect our ridges and views, flora and fauna, and to defend our parks. In this case that was just decided in our favor, Save Mount Diablo had to stand up against some very powerful interests to help further the work of protecting these treasured resources, which add so much to our collective quality of life.”

“Although I’ve worked for Save Mount Diablo on this issue, I’m also a Concord resident,” said Juan Pablo Galván Martínez, Save Mount Diablo’s Senior Land Use Manager. “This project infuriated me as an open-space lover, a wildlife enthusiast, and someone who is deeply worried and taking action to stop catastrophic climate change. Since this affects both cities, I want both city councils to work together to protect the hills and ridgeline.”

“This is a major victory for Pittsburg’s hills,” stated Save Mount Diablo Land Conservation Director Seth Adams. “Open space, habitat for wildlife, and the community’s scenic views have won the day, and poorly planned development will not go forward, for now. We are very happy with the court’s decision.”

“On the other hand,” said Adams, “while our victory is costly for the city and Seeno/Discovery Builders in time and money, it does not stop the project forever. After correcting environmental documents, the Pittsburg City Council can approve Seeno’s huge project again if they choose. But now they have a second chance to make it better by protecting the ridgeline and neighboring regional park. We don’t have to argue about protecting ridgelines in other cities. The Pittsburg City Council should do the right thing.”


­­­­Save Mount Diablo

Save Mount Diablo is a nationally accredited, nonprofit land trust founded in 1971 with a mission to preserve Mount Diablo’s peaks, surrounding foothills, watersheds, and connection to the Diablo Range through land acquisition and preservation strategies designed to protect the mountain’s natural beauty, biological diversity, and historic and agricultural heritage; enhance our area’s quality of life; and provide educational and recreational opportunities consistent with protection of natural resources. To learn more, please visit www.savemountdiablo.org.