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Walnut Creek CA:
Date: February 5th 2013

The events on these pages cover nearly 25 years of setbacks. A few months ago I discovered litigation that connected attorneys on a long thread near me that started decades ago.  My options are limited - i've lost ability to open a checking, been driven out of offices, had job after job cratered with a phone call, seen my truck erupt in flames underneath me, and been hospitialized numerous times for what I call suspicious infections. 

If you can send money via Reloadit.com it's easy - just get a card - pay at Safeway, then just send me the number on the scratch off -text the number to 925-399-1082  or just email me pete@petebennett.net or you're welcome to hear my story in person. I cannot hold back these people and again I'm sleeping on the street but currently sicker as ever with fever that bear the same suspect infection from previous events. 

I truly need the money as this has been endless and I'm never going to get back up as all I get is punched,kicked, run off the road or my clients get targeted.  I know that this story leads to Mormons in Danville who have been running a campaign on residents.  They are good at what they do but they pulled to many accidents. 

Why? Every time I file a police report or request help something happens - the city needs to know that my offices have been targeted, that my life has been threatened and some of their officers are being so delibarate in derailing investigations it's become a pathetic example of Civil Rights Violations but most attorneys pass when they hear my story.  They say I've got kids but they learn that my sons were nearly taken out in an accident on 680 it's soldifies the turn down.

Between 2004 and 2010

I've rented offices on Maria Lane, two on Oakland Blvd, two on roadway, and one on Oak Park Blvd.  I've lost somewhere over 20,000 in cars, and pretty much have been slaughtered financially.  I owe the county around $50,000 in medical bills, lost a contract with PGE worth at least $200,000 when I was run off the road.  I once called the City Attorney directly to ask if he knew anything but what he knows and what he's being told perhaps don't jive with the true reality.

Having appeared in Walnut Creek City Chambers on November 1st 2011, having met with Ken Nordoff, having filed a police alleging someone tried to run me over, that I've been stalked (I've got pictures of them), that my brakes were sabotaged the night I was custody, that their officers seemed poised to arrest me, place in me county jail with the same former deputies from Danville.

They know who I've talked to about CNET, they are CNET, they run CNET and CNET would have been stopped if my lawsuit in 2006 gone through.  My attorney was beaten in Walnut Creek but weeks I was told the Walnut Creek PD was the liaison to the FBI my car was totaled?

Months later I interview the homeless men, seen others with cuts, stitches, broken noses and some were simply murdered - all of it doesn't add up.

I am truly sorry for the Banta loss but I appeared complaining about my personal incident in the Farmers Market - I took the risk and appeared.

Within five weeks of that appearance three people near me were killed - one is a murder investigation, the other is about the most suspicious looking suicide ever and the other is man who tried to kill me in 2004.

Policing in Walnut Creek should not be about excessive over the top patrols on a bar with police reports with allegations about fights, roudiness, and spurious violations of excessively strict use permits that are designed only to allow the city force the city to close.  The racial overtones suggest that some need sensitivity training.

Just prior to the cut off time the city received my written statement and Ken Nordoff has emails.  What I said in Mr. Nordoff office was that persons near CNET were taking out targets, that Butler was neutralized but other legs exist.  That day I gave the only copy of a 2004 police report ever handed out the other person was dead within six weeks, and two divorcees were killed but one very specific Walnut Creek attorney had yet another dead spouse to his credit.

My reward? I get parking tickets, my keys get stolen, my brakes are sabotaged and my friend is murdered, homeless get their bodies permanently disfigured, one is in permanent long term care that will cost about 2 million to care for him for the next 25 years or more.

I will post my agenda comments as soon as possible.  The city needs to reopen other cases or perhaps the residents should start writing the FBI or perhaps maybe the FBI should take over the Walnut Creek Police - many officers are very good but the incidents are staking up.

Several near my events have been let go but I suspect they were put up to it.

We may need officers but when you deploy resources with the intent of harassing one business into bankruptcy you've got serious problems.

My opinion is the current council serves the trinket peddlers seeking to bolster the tax base but will walk down the same streets and completely miss the bleeding faces of homeless men who by the way are citizens as well.






3rd Floor Conference Room

1.OPENING (Not recorded)

a.ROLL CALL - all Councilmembers were present.
Planning Commission: Bob Pickett, Neil Gerstner, Dave Powell, Cindy Darling
Design Review Commission: Phillip Volkmann, Michael Fotheringham
Transportation Commission: Brian Krcelic, Tom O’Toole



The Mayor explained that under California law, public comments at special meetings are limited to subjects on the agenda only. Therefore, public comment would take place during Council consideration of the item.


Kenneth Nodder, Senior Planner, reported that the Broadway Plaza Long Range Master Plan concept would be introduced for conversations to commence between the eventual decision-making bodies and the applicant, Macerich, with the intent of identifying and defining the project focus and direction. Macerich presented the public’s feedback from recent community meetings. No formal action was taken by the Council or the Commissions. 

Chuck Davis, Macerich Vice-President of Development, presented the Macerich’s long range vision for Broadway Plaza. Yann E. Taylor, Architect, Field Paoli Architects, presented architectural features.

Mr. Davis outlined the specifics of their desires and noted they don’t intend to bring a project forward until the master plan and its pieces are approved. He invited the Council and the commissioners present to participate in the same exercise as they have been doing with the community.

Mr. Davis, Mr. Taylor and Cecily Talbert Barclay, Perkins Coie, legal counsel for Macerich – responded to questions clarifying that: five decisions will come to the City Council – Floor Area Ratio increase, abandonment, Planned Development (PD) zone, the DDA and an EIR approval; master plan area does not include all of Broadway Plaza, however the PD zoning includes all the property; the Master Plan would cover parcel 2 as well; including Macy’s (Federated) is being worked on concurrently; and details regarding entitlements are forthcoming.

The Mayor invited public comment – no members of the public spoke.

The attendees engaged in an exercise reviewing thematic pictures from 5:20 p.m. to 5:30 p.m. The public was invited to turn in cards. Council and commissions provided their input on the pictures.

Transportation Commission

Commissioner Krcelic stated the pedestrian atmosphere is great; seating areas are important; and the site can be improved. He would encourage 2nd floor dining and balconies. He supports vacating the street. He is interested in the approach that will be used to maintain service delivery for both ends of the street. Bicycle issues as well need to be addressed including parking and storage for bikes.

Commissioner O’Toole stated he echoes those comments and in addition, connectivity between Broadway Plaza and the traditional downtown needs to be maintained and enhanced with the ability to park at any of the garages downtown so the public find it easy and welcoming to go between Broadway Plaza and the rest of downtown.

Design Review Commission

Commissioner Fotheringham asked what represents the experience of Broadway Plaza and in his opinion it is outdoor dining, variety of demographics throughout the day, occasional tree bosquets, and keeping the existing (substantial) trees as part of improvement plans noting that mature trees provide shade and shadow and the history of the place as it evolves – as long as it is not too many trees. He would focus on the pedestrian connections and would look at 100-foot grid rather than the 200-foot block and divide down further to pay attention to how people are moving through the large areas. Study the choreography of use if the street is closed and study adjacent uses for compatibility and diversity of use.  He stated working with Macy’s is a must as they have a big presence and he encourages the collaboration to happen. He is supportive of downtown residence. With the number they are looking at and the size of the project it is a nice fit.  Bring in a night life (southeastern) is a nice compliment for the rest of the core area. The size of the project is just as important as the program. With housing 100,000 square foot project – we will get a sense of the right balance in the future. Driving the analysis is what do residents add to the complexity and the impacts – which may change the transportation element. Broadway Plaza street is a very long street and closing portions to the project is very important. The ends need to look like the open space experience.

Commissioner Volkmann concurred with previous statements. He noted he sees residential on the side, lots of multi-family on the edges; he likes the idea of closing the street and picking up the greenway. He referenced Corte Madera and the Willows. Need a nice place for kids and families to interface. He asked if the buildings would be stepped back and then how would Macy react to the loss of frontage, which could be key. He noted the old Crosby’s restaurant needs to be in the conversation and the bank on the edge – all the connections need to be made. He stated images on a wall can be tricky and we need to look at for thought but not for what it is.  Nordstrom terrace on that side is nice.  Roofs for a second level of activity should be looked at.

Planning Commission

Commissioner Gerstner noted he agrees with lots of the comments already made.  He gravitated to the pictures of open spaces and outdoor dining and was repelled by the ugliness of current parking structures made in the 1950s, noting this is an opportunity to solve two things discussed during General Plan 2025: first, a large public plaza has potential and is needed in Walnut Creek; and secondly, a theme during General Plan 2025 was for a space where adults can go and engage in adult activities as opposed to doing shots and falling down drunk and getting arrested. Jazz club or supper club is a natural fit for this project. Not designing for specific vendor or company. Community focusing on parking and traffic flow, the parking traffic flow issue is going to be with us, especially with more residential units, so there is a need to address this.

Commissioner Pickett noted that all the key elements are a point in the project and improving the transit flow is critical. He stated Newell and Broadway is a problematic intersection and the pedestrian experience is very important. He likes the European, particularly Roman influence, and would like to develop something similar. The Broadway Plaza in concept make it a destination already – but enhance and keep them there into the evening; liven it up with outdoor dining, shade trees, landscaping all key elements. He noted the creek theme is a nice gesture and incorporate in landscaping would be nice to remind the public this is an important element of Walnut Creek. He stated that Broadway Plaza draws away from traditional downtown, and doesn’t want to bury the traditional downtown with this new development.  Enhancement of the connection to go back and forth between the two shopping areas is critical. Mixed use is a valid consideration. How viable – including in concept is a good idea.  Highly support vacating street and turning into a plaza and making pedestrian friendly.

Commissioner Powell commended the process and appreciated the community input.  He agrees with everything everyone has said noting it is currently a destination and can be even better. A concert venue is good. He supports Broadway Plaza street closure. A fountain where kids could run and not worry about a car would be great. On the residential component – he is not yet sure noting that perimeter residential is already in place so he would need to see more before deciding. Break up paving and put in a paradise.

City Council

Councilmember Skrel thanked the commissioners for their thoughtful input. He agrees with the Broadway Plaza lane closing as essential, encourages finding a way to work with Macy’s, activate the creek noting that day lighting it cannot happen however something like the Liberty Bell Plaza concept can. He noted that parking at Plaza Escuela was enhanced by adding a deck of parking the City paid for and the City has worked a lot with the BART project for transit friendly solutions and he sees the possibility for connectivity to the west and to 1500 Newell, and do not just connect to the north but make the connections throughout downtown.

Councilmember Lawson commented on: parking – need to make sure whatever plans are the result of this will work well with the City’s parking planning as well, so we are not creating incentives or disincentives for the whole downtown. Connectivity to downtown – connection to Neiman Marcus to traditional downtown, and across Main Street to Botelho, and Olympic enhances the connectivity throughout the downtown, not just Broadway Plaza and the traditional downtown. If thinking about vacating Broadway Plaza Lane she is concerned that this does not create an inward facing project, still need an outward facing project that connects to the rest of the community.  Sustainability – she noted that she hadn’t yet heard anything about seeking LEED, build-it-green, or other sustainable green strategies. Need to see incorporated into the project.

Councilmember Rajan thanked everyone for their attendance and stated this is a wonderful direction to pursue. He commended Macerich for capturing community input and reflecting it back. He commented that it was important to improve the flow as it relates to parking and think about parking and flow in general noting this is a once in a lifetime opportunity. He reiterated that there has been a disproportionate amount of land dedicated to the automobile and this is an enormous opportunity to genuinely do something different and move us fundamentally in a different direction and he encourages creative thinking about that opportunity. The connection to the traditional downtown is key; and he is a little resistant that this project seeks to achieve all aspiration for our downtown solely within Broadway Plaza. We have areas we can seek to evolve some aspects in other areas by Broadway Plaza effectively connecting to other places as the best way to achieve this. He would like to see Macerich present how Broadway Plaza plugs into the broader downtown.

Mayor Pro Simmons noted there are six good themes and like Councilmember Lawson he is interested in sustainability and this should be included as the project moves forward.  Expand on that and identify goals and objectives in area of sustainability.  He likes the notion of reducing the amount of land allocated to the car and increasing the walkability of the area. European cities are successful with this incorporating varied walking paths, some broad and some narrow and he noted more variability equals more interest. Not a lot of conversation about landscaping – he understands this is too early – but it will be important.  He likes the direction and the process being followed and looks forward to future conversations.

Mayor Silva stated the importance of involving Macy’s in this Master Plan. Regarding the creek – she asked if the underground boxes could be day lighted? She appreciated the illustrations. She agrees with Simmons and Lawson regarding sustainability – green roofs, walls, solar panels, trolley, and bicycle lanes all are important to look at. She commended Councilmember Lawson for expressing that we cannot turn our back on the traditional downtown and that connectivity is key. She noted that she concurs we cannot do it all in Broadway Plaza at the expense of other parts of the City we must survive together.  Look forward to dialogue on what it means to vacate a street, public may have impacts, 58 public spaces would be given up for shopping at Broadway Plaza. The serious conversations around the DDA need to occur sooner rather than later.



Council Chamber, 1st Floor

1.OPENING (Video Recording Begins)


b.ROLL CALL - all Councilmembers were present.

Motion by Simmons, second by Lawson, carried unanimously, to APPROVE CONSENT CALENDAR items 2a through 2b:

YEAS:Mayor Silva, Simmons, Lawson, Rajan, Skrel.


b.INTRODUCE AND WAIVE FURTHER READING OF AN ORDINANCE amending Chapter 9 (Premise Security Alarm Systems) of Articles 3 and 8 off Title 3 (Public Safety) relating to alarm permit fees and false alarm fines.

Angela De La Housaye and Neil Gerstner, Co-Chairs of Walnut Creek on Ice announced their 7th season. Jerry Hicks, President of Walnut Creek Sister Cities organization, noted that the Sister Cities organization is visiting Siofok, Hungary in 2012 fr May 16 through 27 and highlighting youth as a catalyst for change. 

Steve Raucher, 30-year resident of unincorporated Walnut Creek, expressed concern with private parking lot towing practices. Pete Bennett, commented on a situation at the Farmer’s Market. 


Housing Program and CDBG Specialist, Margot Ernst, reported that this report highlights accomplishments of the Housing Division of the Community Development Department for Fiscal Year 2010-11. The Housing Division reports annual accomplishments to State Department of Housing and Community Development and to the Federal Department of Housing and Urban Development. Council received the report.

Cindy Mosser, Finance Manager, reported that with the adoption of the 2010-12 Budget, Council requested staff create a Long Term Financial Plan to help anticipate economic changes that may require action and to provide guidance in preparing future budgets. On May 17, 2011, staff presented to Council a template for the Long Term Financial Plan. Council approved the template with a few modifications and staff presented the Long Term Financial Plan for General Fund 2010-20 for Council approval.
Motion by Skrel, second by Rajan, carried unanimously, to APPROVE THE LONG TERM FINANCIAL PLAN: GENERAL FUND 2010-20 budget scenario with a footnote that attachments 4 as presented and 5 as amended to include a notation that 1% increase in salary projections is equivalent to approximately $350,000.

YEAS:Mayor Silva, Simmons, Lawson, Rajan, Skrel.

a.Closed Session announcements - none.

b.City Manager reports - none.

c.City Councilmember reports on AB1234 Activities, Councilmember assignments and various activities and upcoming events

Councilmmber Rajan reported on the Shadelands Gateway Specific Plan process noting they had received 34 applications. Mayor Pro Tem Simmons noted additional service from the County Connection. Mayor Silva reported on meetings with the Solid Waste Authority.


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