Council Denies Airbnb Operator's Appeal, Ends Free EV Charging

Walnut Creek's City Council sent two unmistakable signals Tuesday night: unpermitted short-term rentals will face enforcement teeth, and the era of free public EV charging is over. In a meeting that spanned surveillance safeguards, fee overhauls, and a contentious landlord appeal, every vote landed 5-0 — but the debates revealed real fault lines over how the city regulates emerging issues from Airbnb to electric vehicles.

• Council unanimously denies short-term rental appeal after operator continued listing on Airbnb despite city orders to stop; enforcement including injunctions and liens now on the table
• Free public EV charging ends as Council authorizes staff to hire a third-party vendor and recover 80–90% of costs, with revenue funding charger expansion
• FY27 Master Fee Schedule adopted with the largest increases in building and planning fees, effective Jan. 1, 2027
• Residents demand Flock camera review and police chief delivers extended public Q&A on data-sharing safeguards, federal restrictions, and weekly audits
• Tourism boom continues with hotel occupancy up 10–20% and three-year contracts for a global cycling race and half marathon secured

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Illegal Airbnb Operator Denied, STR Ordinance Coming

Why it matters: The case exposed a gaping hole in Walnut Creek's regulatory framework — 198 short-term rentals are operating citywide with only three approved — and the Council's unanimous rebuke signals that an enforcement crackdown is coming ahead of a dedicated STR ordinance discussion in September.

The basics: Assistant Planner Steven Cook presented the de novo appeal by Hector Krauss of the Planning Commission's denial of a conditional use permit for an unhosted short-term rental at 635 Mandarin Lane. The property had been operating without a permit since at least August 2025, when the city opened a code enforcement case. Despite multiple notices to cease, the listing remained active on Airbnb and VRBO — including the afternoon of the hearing, with 22 verified guest reviews.

Where things stand: Krauss argued that the city's bed-and-breakfast inn ordinance shouldn't apply to unhosted STRs and that the city lacks a specific short-term rental ordinance. "Walnut Creek today has 198 short-term rentals out of which only three are approved. Unfortunately, the city lacks ordinances to oversee short-term rentals," said Hector Krauss. He described economic benefits, claiming STRs bring roughly 800 guests to Walnut Creek every month who eat out, shop, and visit Broadway Plaza.

Staff responded that the bed-and-breakfast ordinance is the applicable regulation for stays under 30 days and has been consistently applied to all three previously approved STR conditional use permits. The city attorney confirmed full due process was provided.

The other side: Lisa Blanco, speaking on behalf of approximately a dozen Woodlands households, urged the Council to uphold the denial, citing frustration that operations continued despite city notices and asking how a denial would actually be enforced.

Mayor Kevin Wilk was blunt. "I am baffled because you had the Planning Commission recommending to approve it if you followed the guidelines and you didn't, and even after the Planning Commission meeting, you could have followed the guidelines," he said. He added: "I think it would set a terrible precedent to approve something that has been flouting the law every step of the way. And all it does is tell anybody else out there, oh, I can get away with it too."

Councilmember Cindy Silva drew an analogy to alcohol permits: "If we see somebody downtown serving past what they can serve without a permit, we tell them you have to stop, you can come in and ask for a permit to do it later, but you need to stop doing that."

Decisions: The motion to deny the appeal and uphold the Planning Commission's decision passed 5-0 (For: Wilk, Francois, Darling, Silva, DeVinney; Against: none; Absent: none). The city attorney outlined potential enforcement paths including injunctions and liens if operations continue.

What's next: City Manager Dan Buckshi confirmed staff plans to bring a short-term rental policy discussion to Council in September, a move that could reshape STR regulation citywide.

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Free EV Charging Era Ends as Council Backs Vendor and Fees

Why it matters: Walnut Creek spends roughly $250,000 annually — 60% of it on electricity — running 40 public charging ports across 23 chargers, mostly in downtown garages, with no user fee, inconsistent maintenance, and no reliable usage data. The unanimous vote to start charging fees and hire an outside operator marks a pivot from subsidy to sustainability.

Where things stand: Sustainability Manager Candice Rankin Mumby, Public Works Manager Gina Eicher, fleet supervisor Eddie, and Will Einstein of Black and Veatch presented the city's draft Electric Vehicle Strategic Plan, covering both fleet electrification and public charger management.

On the fleet side, the plan analyzed 175 city vehicles — 66 regulated by California's Advanced Clean Fleet rule — across a 2040 horizon. Three scenarios ranged from no transition to an "ACF plus" approach that adds opportunistic light-duty conversions. Infrastructure plans include 10 DC fast-charge and 24 Level 2 ports at Lawrence Way, plus 4 DC fast-charge ports at Heather Farm at roughly $500,000 for infrastructure. Council members pressed on battery life, disposal, grid resilience during outages, and overnight charging safety. Eddie acknowledged that duty cycle during extended outages remains the biggest unknown, though the city has a backup generator.

On public charging, the current program's challenges — no fees, spotty maintenance, customer frustration — drove staff's recommendation to contract with a third-party vendor and begin charging within an adopted range of $0.16 to $1.00 per kWh.

Council members were uniformly in favor. Councilmember Craig DeVinney framed the issue directly: "I don't feel that the cost is the prohibitive factor for EV adopters of the electricity and therefore I don't see great benefit of sacrificing infrastructure and growing the program to save 50 cents or a dollar on the charging side."

Councilmember Cindy Silva went further, arguing fees should account for broader impacts: "These electric vehicles are using our roads and they're not — when you're not using fuel, the gas tax that we use to repair our roads is not there."

Councilmember Cindy Darling pushed for regional coordination, suggesting the city partner with neighboring jurisdictions to secure better vendor terms.

Two public commenters supported the shift. Jan Warren suggested surveying charger users via QR code cards to understand behavior and expressed surprise charging had been free. Ellen Lang applauded the sustainability program and recommended placing third-party chargers near multifamily housing and parks.

Decisions: Councilmember Darling moved to authorize staff to pursue a third-party vendor — potentially in partnership with adjoining cities — target 80–90% cost recovery, and redirect revenue to expanding public charging points. Mayor Pro Tem Matt Francois seconded. The vote passed 5-0.

What's next: Staff will solicit vendor proposals and return to Council with a partnership structure and fee schedule. The city's goal is 70 public charging ports by 2030.

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Flock Camera Safeguards Debated After Residents Demand Review

Why it matters: The city's two-year Flock license plate reader contract expires next July and will require a Council vote to renew — giving the public a formal opportunity to shape the surveillance technology's future.

Where things stand: Three residents — Tristan Placone, Josh Auduber, and William Painter — used public comment to press the Council on privacy risks from Flock cameras, citing concerns about mass surveillance, data sharing with out-of-state and federal agencies, and potential for officer abuse. All three requested the Council agendize the topic for formal discussion.

Mayor Wilk invited Police Chief Ryan Hibbs to respond, leading to an extended Q&A session. Chief Hibbs outlined several safeguards: "Outside agencies cannot access our Flock data without us giving them permissions. And so that's by both state law and by policy. Additionally, we are barred from sharing any information from Flock cameras or LPR data with the federal government."

He described the cameras as capturing still photographs of rear license plates, not tracking general movements: "We should look at the cameras more as checkpoints rather than a continuous surveillance network." He cited the technology's investigative value, noting the department "solved a human trafficking case involving a woman in broad daylight that we wouldn't have been able to generate a lead on other than having a partial plate."

Chief Hibbs said data is retained for 30 days consistent with state guidelines, with a possible move to seven days, and confirmed it is stored in a secure cloud unique to Walnut Creek. He committed to creating a public portal showing data-sharing activity and pledged that if the Flock contract is broken through unauthorized data sharing, "we will break that contract immediately."

What's next: Councilmember Darling asked Chief Hibbs to return in early January with an update. Mayor Pro Tem Francois confirmed the contract renewal will come before Council at a noticed public hearing.

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Building and Planning Fees Rise in Citywide Fee Overhaul

Why it matters: A comprehensive fee study by Matrix Consulting Group found the largest gaps between current fees and actual service costs in building and planning — meaning those who pull permits and file applications will see the biggest increases when the new schedule takes effect Jan. 1, 2027.

Administrative Services Director Kirsten LaCasse presented the final User Fee Cost Recovery Policy and FY27 Master Fee Schedule, the culmination of a process that began in October 2025. The policy establishes a consistent citywide framework based on benefit levels, with resident discounts — defined as those within incorporated city limits — phased-in increases, and annual adjustments. It does not mandate specific cost recovery percentages, preserving Council discretion. Housing Division services remain subsidized.

An addendum restored two inadvertently omitted Public Works fees and updated terminology from "actual costs" to "pass through." Mayor Wilk asked that the resident discount definition be footnoted in the published schedule. No public comment was received.

Decisions: The resolution passed 5-0 (For: Francois, Darling, DeVinney, Silva, Wilk; Against: none; Absent: none). Stakeholder outreach is planned ahead of the Jan. 1, 2027, effective date.

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Minor Items

• Consent calendar (items 2a–2e) approved 5-0, including July 21 Council minutes, warrant registers and direct payroll transfers, a $120,000 printing services agreement with Folger Graphics, and acceptance of completed trail crossing and unsignalized pedestrian crossing improvement projects.
• Center Rep's Season 59, titled "Dreamers and Daredevils," previewed by Artistic Director Matt Morrow. Season 58 ended at 120% of revenue goal with the highest-grossing show in recent history. New season features five productions from The Glass Menagerie to Bat Boy the Musical, plus expanded accessibility programs including pay-what-you-can previews, student matinees serving over 1,000 kids, and a new $30 teen ticket.
• Walnut Creek Chamber of Commerce introduced new President and CEO Katie Burrows, who announced a Sept. 1 candidate forum and the Chamber's centennial year.
• Councilmember DeVinney reported hotel occupancy up 10–20% year-over-year and the city signed three-year contracts for a premier global cycling race (64 miles, finishing atop Mt. Diablo) and a half marathon, both launching next April.
• Mayor Pro Tem Francois noted four extra downtown library hours to cover the Ignacio Library closure and spoke at former Mayor Sue Rainey's memorial service.
• Councilmember Darling reported on MCE's CEO search, Marin Civil Grand Jury response, governance reform with 34 board members, and grid resilience during recent heat waves.
• Councilmember Silva noted SB 922 awaits the governor's signature to let cities recover road costs from garbage truck damage; the Council election filing period closed with two uncontested candidates — Brendan Moran and Charisse Count — for seats being vacated by Silva and Francois.
• Maki Sato, International Exchange Section manager from Kita City, Tokyo, expressed hopes for continued growth in the sister-city partnership approaching its 10th anniversary.
• Glenn McPhee, past president of the Walnut Creek Racquet Club, urged the Council to prioritize replacement of outdated tennis court lights at Heather Farm, noting bulbs are difficult to source and courts can go months without lighting.
• Closed session: Council provided direction to negotiators on the 1352 Locust Street property; no reportable action on a CVRA demand letter related to potential district-based elections.
• Meeting adjourned in memoriam of former Mayor Ed Skoog.