Council authorizes response to Brown Act letters; interim city attorney named

The Hermosa Beach City Council on April 22 addressed two procedural complaints under California’s Brown Act arising from recent discussion about short‑term vacation‑rental policy. The council authorized standard, statutory responses and took a closed‑session personnel action to appoint an interim city attorney.

Cease‑and‑desist letter: The city received a cease‑and‑desist letter alleging a Brown Act violation because a public email concerning the council’s short‑term vacation‑rental item was not posted on the city’s web page before the meeting. City Attorney staff reported that the form of response required by the Brown Act allows the city to unconditionally commit to “cease and desist” the alleged conduct without admitting a violation. The council directed the mayor to send the standard, unconditional response language to the complainant; the council voted 5‑0 on the staff recommendation.

Cure and correct letter: The city also received an anonymous “cure and correct” demand alleging multiple Brown Act violations related to the same short‑term‑rental item. The city attorney reviewed the allegations and concluded that many of the points either do not identify Brown Act violations or fall outside the narrow categories that the cure‑and‑correct statute addresses. The council directed staff to send a written response by email to the anonymous sender declining to cure and correct on the grounds explained in the staff report; the motion carried 5‑0.

Interim city attorney appointment: In closed session the council appointed Todd Leishman of Best Best & Krieger (BB&K) as interim City Attorney, effective April 28, 2025; the appointment was reported as unanimous. The closed‑session report also stated the city’s public‑employee performance evaluation of the city manager was continued to a future meeting.

Why it matters: The Brown Act (California Government Code § 54950 et seq.) establishes public‑meeting and public‑access rules for local jurisdictions. The cease‑and‑desist and cure‑and‑correct remedies are procedural mechanisms that let a public agency respond and, in some cases, avoid litigation by either committing to comply or by “curing” a procedural defect. The council’s responses attempt to resolve the procedural complaints without admitting a violation.

What to watch: Any amended litigation filing by a complainant could raise the Brown Act questions again; the city’s written responses and any future procedural changes will be in the public record.