Pickleball Fee Fight After Residents File Legal Complaints

Hermosa Beach city staff is recommending the City Council walk back a March decision on pickleball fees after two residents filed legal complaints alleging the vote violated California's open meetings law.

The council will take up the matter at its April 14 meeting, where staff is asking members to formally rescind any interpretation of their March 24 action as final approval of new fee rates and to restart the process with proper public notice.

At the March meeting, the council directed staff to set annual pickleball memberships at $25 and court reservations at $15 per hour. The vote came during discussion of an agenda item which nominally only covered the Kelly Pickleball Courts use policy and hours of operation. The agenda did not mention fee changes.

Residents Anna Garcia and John Bauer each filed timely cure-and-correct demands under Government Code section 54960.1, arguing the fee discussion was not adequately noticed, limiting public participation.

Staff is taking a careful position in response. Their report argues the March action is best characterized as direction to staff rather than final approval, pointing out that no resolution to amend the city's Master Fee Schedule was on the agenda and that a cost recovery analysis had not been conducted. The word "approve" was used in the motion, but staff say the legal characterization of a council action depends on its substance, not the phrasing used during deliberations.

By clarifying, rescinding and re-agendizing the item, the city says it cures and corrects any potential Brown Act violation.