Park and Recreation Commission - Regular Meeting

Oh, and just bear with me, everybody. Doing my first time. Okay.

All right. All right.

I call this meeting to order at 5 p.m. Please stand for the Pledge of Allegiance to the flag.

Pledge of Allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, indivisible.

All right, before we begin, I want to announce that the public comment is open and please follow the prompt on the screen.

Public comment is now open for this item. Call 951-826-8688 and follow the prompts to access the meeting. To request to speak, press star 9. When called to speak, press star 6 to unmute. You can also join via Zoom. The meeting ID can be found on the agenda.

Do we have any public comments?

There are no public comments.

Thank you. All right. So we are at presentation item two, the Brown Act training presented by city attorney's office.

Good evening, board members and chair. My name is Taryn Alicia Torres, and I'm deputy city attorney. And I'm here to give you the training on the Brown Act, a refresher. I'm sure most of you are well aware of the Brown Act, so I won't try to belabor it too much. And most of the updates are related to social media and remote access. So if you have any questions, please let me know at the end. Let me get the clicker going. And I want to apologize in advance. It looks like the copy of the Brown Act training that we have prepared tonight says CHB, which was the previous presentation I did. So I apologize in advance for the typo there. So the purpose of the Brown Act, as you know, is to ensure that the public is able to view the people's business. It's also called the Open Meeting Rule. which requires all meetings of the legislative body to be open to the public and be able to participate with public comment. The update in 2026 was that there must be two-way telephonic and audiovisual access for the public beginning July 1st, but as you are aware, the city already provides for that, so we're on top of it. The Brown Act requires that the boards adopt rules for the conduct of business. And it also requires the city now to prepare a written policy for handling disruptions, including disruptions in remote participation, and ensuring that clearing the room is the last resort for, and that non-disruptors can stay and join remotely. And this is in the case that the AV system fails. As you're aware, the term meeting includes a congregation of a majority of board members at the same time and place to discuss or deliberate any items within your subject matter jurisdiction. The Brown Act prohibits use of direct communications with a majority of the board to develop a consensus before an item is brought to the public to take action. So, a majority of the board may not email each other to develop a collective concurrence to take action on an item that will be before the board. So the 2026 updates gives clarification on a lot of items, and one of them is that one-way distribution of factual information and certain social media activity that is presented in one way without additional comments is permitted. So we will give a caution warning here that although there is clarification that posts online on social media can be permitted, there becomes trouble when other board members start commenting or liking on it. So just be sure to continue treating social media interactions as high risk for violation of the Brown Act. As you're aware, a serial meeting is communications with the board members that's less than the quorum. So not a meeting, but are taken individually would be less than the quorum, but together would make a quorum. And that would be similar to an email communication that collects a concurrence on an issue. We will note that staff is allowed to engage with separate communications with each of the board members as long as there's not a communication of what the other board members' positions are on the issue. Again, this is one way distribution of purely factual information is allowed. Let's see, we have an example here. Board members can post factual information on social media or reply individually, but avoid chains that involve a majority that reveals the views of others. The public has a right to address the board at any meeting on the subject matter within the jurisdiction. Let's see. The update is, again, to allow the remote participation and two-way access. The board may impose reasonable restrictions, including timing, and that the comments be within the jurisdiction of the board, subject matter jurisdiction. Public commenters cannot be required to give a name or register as a condition of giving public comment. And that applies both in person and for remote attendance. The city does ask for that information just so that if they do have comments or questions, the city can get back to them. But it is not required. It's not mandatory. Time limits generally are three to five minutes, and the chair is responsible for enforcing those time limits. There were some accessibility enhancements. As we said, the two-way remote participation, and then also language access. That is something that the clerk will monitor and be able to provide. And the agendas already do include the remote access details. Items on the agenda must give a general description. If the matter is not on the agenda, it may not be discussed or act upon. Exceptions are brief responses from public comment, questions for clarification, references to staff for other factual information, requests that the staff report back, request to agendize the matter for a later date, and brief announcements. So the city has adopted a sunshine ordinance. It was adopted back in 2015. And again, I apologize, it says CHB, but the Board of Trustees for the library is also an advisory board under the sunshine ordinance. And so if you've noticed, your agendas are now posted three business days before your meeting rather than the 12 days required for policy boards, policy bodies, excuse me. You can also supplement the agenda no later than 72 hours for emergency items or to correct errors. So some of the new participation rules is there is a reasonable accommodation for disabilities. And so if you have an ADA disability that requires you to participate remotely as a member of the board, you may do so and you're counted as being present. So there are quorum issues with remote participation of board members, but if you are being if you are attending remotely due to a disability, that is counted as an in-person attendance. And it expands the just cause reasons for attending remotely for all other members. If you do use the reasonable accommodation for a disability, You must use a two-way audio and video. They must be able to see and hear you, the other board members. And you must disclose if there are any adults over 18 present in the location that you're at. There were some 2025 updates to the Sunshine Ordinance. And that was the change that designated this board as an advisory board with the three-day The 12-day notice still remains for the City Council, Board of Ethics, Public Utilities, Charter Review, Citizens Police Commission, and the Planning Commission. This one I'll just go over briefly, because you will also hear a review of the Code of Ethics. That'll be a separate presentation. Digital misconduct is prohibited, and that's online activities and messages that create or appear to create bias, partisanship, or predisposition on city matters. It applies when acting in official capacity. for items that fall within your subject matter jurisdiction. There are quasi-judicial proceedings, and especially if you use official city accounts. So the sanctions are limited to censure only. And those are all the updates. I'm here if you have questions or if you need any further explanation on any of those.

No questions from the trustees? Thank you very much.

Okay. Thank you so much. Thank you for having me.

All right, we are beginning with the consent calendar. All matters listed under the consent calendar are considered routine by the Library Board of Trustees and may be enacted by one motion in the form listed below. There will be no separate discussion of these items unless the Library Board of Trustees votes on the motion to adopt. Members of the Library Board of Trustees or staff request specific items to be removed from the consent calendar for a separate action. Do I have a motion to move and second to approve the consent calendar? All right. So, Trustee Smith moved. Is there a second? I second. All right. Thank you. So, Trustee Acuna, thank you. All right. Okay. Ask for a roll call.

Trustee Rizouk? Yes. Trustee Acuna? Trustee Smith? Yes. Okay. Trustee Ivey? Yes. And Trustee Corrales? Yes. Motion carries.

All right. Moving on to discussion and action calendar. We are on item eight, annual review of the code of ethics and conduct and provide any recommendation to the board of ethics.

Good evening, Madam Chair, Madam Vice Chair, Ivy. My name is Donicia Goss. I'm the city clerk. And tonight's item before you is the board's annual review of the city council, excuse me, the city's code of ethics and conduct as required by the Riverside Municipal Code section 2.78.110. The purpose of this review is to evaluate whether the code continues to effectively promote ethical conduct, accountability, transparency, and public trust in local government. At the conclusion of this presentation, I will ask the board members to discuss the code's effectiveness and determine whether any recommendations should be forwarded to the Board of Ethics for consideration. The code of ethics and conduct establishes the ethical standards expected of Riverside public officials. Its purpose is to promote fair, ethical and accountable local government. The code is not simply about enforcement. It is intended to foster public trust and guide decision making. Public officials are expected not only to comply with the code, but also to aspire to the values that it promotes. The code applies broadly to elected and appointed officials. The code includes the mayor, city council members, the members of city boards, commissions, and committees, and yes, that includes you as board members of the library trustees. As board members, each of you is subject to these provisions. The intent is to ensure consistent ethical standards across all city decision-making bodies. Upon appointment or reappointment, officials receive a copy of the Code of Ethics and must acknowledge a receipt of the copy. Ethics training is required within 90 days of taking office, and the city attorney serves as the resource to help officials understand and comply with the code. Boards and commissions are required to incorporate these ethical standards into their procedures. And as E has stated here, it's also incumbent upon the chair of each body to provide appropriate guidance to the members if needed to communicate the concerns, if any, to the Board of Ethics. In January of 2026, the city council expanded who may file complaints. Individuals who live, work, attend school, or conduct business in Riverside may now file complaints with the city clerk. This change was intended to increase accessibility and public accountability. The code is built around several guiding principles first building public trust as I mentioned in government making decisions that are fair and biased and honest treating everyone with dignity and respect. Valuing diversity and inclusion making decisions that are informed and in the best interest of Riverside maintaining a nonpartisan local government. ensuring officials are prepared to serve effectively, and encouraging attendance and participation in meetings. In May 2026, the City Council added language regarding digital communications, as Madam Deputy City Attorney mentioned in her presentation. The public officials are expected to conduct themselves online in a matter that reflects impartiality, fairness, and with integrity. Online activity should not create an appearance of bias, particularly when matters may come before the official in a quasi-judicial capacity. The Coda identifies specific conduct that is prohibited, including using one's position for personal gain, misusing confidential information, using city resources for personal purposes, improperly advocating for public interest, accepting compensation for endorsements, violating conflict of interest laws and codes, certain political activities involving city resources, improper campaign-related activities involving city property, and assisting others in violating the codes. A few others are improper employment negotiations, ex parte communications in quasi-judicial matters, coercing others in the performance of official duties, violating local laws connected to official duties, and the City Council recently added the digital misconduct as a prohibited act as well. This recognizes that conduct occurring online can have the same impact on public trust as conduct occurring in person. Only the alleged violations identified in the code as prohibited conduct may be the basis for bringing forth a complaint. So essentially what that means is the list of prohibitive conducts that is within the code. If there's a complaint that's outside of that, then it is not considered a complaint more so and will be withdrawn by the board. Complaints must be submitted in writing using the forms and they are filed with the city clerk's office. All the complaints must be filed within one year of the alleged violation or an acknowledgement of the violation. Sometimes one can come before the other. The occurrence may have happened a year, maybe perhaps two years ago, but it came to the attention of the complainant within the year. And they can also file a complaint in that instance. The city clerk reviews the complaints for completeness before we proceed. In some cases, the city clerk may administratively reject a complaint with the concurrence of the chair of the board of ethics. For example, a complaint may be submitted against a public official serving the county of Riverside. In such a case, the individual is not a city of Riverside public official and therefore is not subject to the city code of ethics and conduct as set forth by the municipal code. Because the Board of Ethics jurisdiction is limited to public officials covered by the code, the Board will not have the authority to review or adjudicate the matter and the complaint would be dismissed for lack of jurisdiction. In that instance, for public edification, it will be made part of the Board of Ethics agenda as a complaint that was dismissed for lack of jurisdiction. So the public will be aware that there was a complaint filed, but just that we wasn't able to hear that matter. The pre-conference serves as a screening process before a formal hearing, and the next few slides will go over the details and the nuance pertaining to the pre-conference procedure, so I'll get through that really quickly, just so I don't hold you too much on the nuance of how we get through a pre-conference, but I'll give you the substantive pieces. During the pre-conference of the Board of Ethics, they must determine whether the complaint meets procedural requirements, whether the complaint falls within the Board's jurisdiction, as I mentioned, whether the complaint alleges prohibited conduct, and whether there's sufficient evidence exists to warrant a hearing. If the board determines that the complaint complies with the provisions of the code, the chair will then facilitate discussions for settlement. In most cases, the chair will call for a break and the complainant and the person subject to the complaint will go off into a space and have discussions. If a settlement is reached, they will approach the podium and let the board know that a settlement was reached and then the case will then become closed. In the event that no settlement is reached, then the pre-conference will continue. Review of the evidence, the board will then review the evidence to determine whether the evidence is relevant, and then they will determine if the evidence suggests a potential violation may have occurred. Language was recently added to clarify that the evidence should be considered in its totality, that the equal weight should be given to both the parties during the pre-conference review. Last year, before those changes were made, the pre-conference rules would only call for the complainant's evidence to be weighed during the pre-conference. So that change, that weight is given to both parties' evidence that's submitted during the pre-conference portion of the Code of Ethics and Conduct. At this stage of the pre-conference, the Board of Ethics will determine whether the evidence presented demonstrates that it's more likely than not that a potential violation of the code may have occurred. If the Board reaches that determination, then a hearing panel consisting of five members and one alternate is selected by random draw and the city clerk scheduled a formal hearing within 45 city business days. Conversely, if the board determines that the complainant has not met this threshold, the complaint does not proceed to a hearing and instead the board directs the city clerk to prepare a statement of findings documenting the basis for the decision. Once adopted by the Board of Ethics, that determination becomes the board's final decision on the matter. Now moving on to the hearing procedures. If a complainant advances beyond the pre-conference, a hearing panel is then selected. As I mentioned, both parties have an opportunity to present evidence and witnesses at this time. The complainant bears the burden of proof. The hearing panel deliberates and adopts findings during the hearing procedures. During this process, it is intended to be fair, accessible, and less formal than a court proceeding, but it is technically a quasi-judicial proceeding. And then the next few slides, again, is just going through the nuance of a hearing procedure, but I'll popcorn some of the more important process. So, for example, each member, the complainant and the person subject of the complaint is allowed one continuance. If they want a continuance, then the board will grant them a continuance, no more than that. No reason is necessary if they're off the country, if they're on vacation, unavailable. Oftentimes the request for a continuance is approved. The complainant goes first and then again I mentioned the burden of proof is on the complainant. And then this just outlines some of the nuance related to the hearing procedures. All findings shall be approved by the majority voting panel. Then the panel shall direct the city clerk to prepare the statement of findings or designate members to prepare the statement of findings to include a recommendation for sanctions to the city council. And then the panel must approve their statement of findings within 30 city business days. And from there, we'll... the city clerk will then process either the statement of findings or move forward if there's an appeal filed. I'll get to that. Okay, so the decisions may be appealed by if a hearing panel, whatever decision made by the hearing panel may be appealed by the complainant and these decisions are appealed to the city council. Appeals are limited primarily to procedural errors and abuses of discretion. So that's very limited in their scope in terms of how they can hear an appeal when a hearing panel have concluded their findings. The city council reviews the record created during the hearing within 30 city business days from the date of the Board of Ethics recommendation and determination, and no new evidence is accepted during the appeal. The city determination is final. During the appeal process, the city council will receive a full transcript of the hearing procedures, excuse me, the hearing process. If no appeal is submitted, the hearing panel's decision becomes final. At that point, if a violation has been found, the city council is responsible for determining whether sanctions are appropriate, and if so, what sanctions should be imposed. So again, the next few slides just go through the appeal procedures and very nuanced in in in the process. The full code is part of your packet. And so if you have any questions pertaining to the appeal procedures, I'm here to answer those. And now on to the enforcement and sanctions. If a violation is found in the city council may impose sanctions. The purpose of sanctions is accountability and maintaining public trust. It varies depending on whether it's an elected official who is the person subject of a sanction. And those sanctions can include a public apology, additional training, removal from regional committees or boards that they sit on, removal from mayor pro tem rotation, a public censure, or restrictions on certain travel. Sanctions for appointed officials may include public apology, training recommendations, public censure, removal from leadership positions, and removal from office as authorized by the charter. The code requires an annual review process, which is what we are going through today. The process begins with the boards and commissions, such as this board. Recommendations move through the process. So your recommendations will go to the Board of Ethics, and then from the Board of Ethics in August, it will move to the Governmental Processes Committee, which will hear all recommendations in September. And finally, in sometime June, excuse me, by December, in an evening session by a public hearing, the city council will then hear all recommendations for changes to the Code of Ethics and Conduct. This annual review helps ensure that the code remains effective and responsive to emerging issues. At this time, staff recommends that the Commission discuss the effectiveness of the Code of Ethics and Conduct, consider whether any provisions should be revised, clarified, added, or removed, forward any recommendations to the Board of Ethics for consideration as part of the annual review process. And in closing, I would like to open the discussion by asking the Board of Trustees Based on your experience serving in the city, do you believe that the code of ethics and conduct remains effective in promoting ethical conduct, transparency, accountability, and public trust? Or are there any areas where you believe improvements should be considered? Thank you, Madam Vice Chair. I am complete with my presentation. I'm available for any questions.

Thank you. Do we need to ask for open for public comments? Okay. So public comment is open. Please follow the prompt on the screen.

Public comment is now open for this item. Call 951-826-8688 and follow the prompts to access the meeting. To request to speak, press star 9. When called to speak, press star 6 to unmute. You can also join via Zoom. The meeting ID can be found on the agenda.

Do we have any comments?

There are no public comments.

Thank you. Do we have any comments from the trustees? Recommendations? Okay.

Well, thank you very much. Thank you. I don't believe we have any recommendations. Okay. Thank you.

Thank you. All right, moving on to the board and director's communication item, nine brief reports on conferences, seminars, and meetings attended by board members. Are there any trustees that would like to provide a brief report? All right, moving on to item 10, for brief reports on conferences, seminars, and meetings attended by the library director. Director Christmas, do you have a brief report to provide?

Sure. Well, first I'd like to start by showing you in your packet tonight you guys have the Summer Reading Program Guide 2026. This is a new marketing piece that we've created specific for summer reading and the kiddos that are participating. when you sign up you get this awesome packet of information which details all of the activities that will be happening at the library over the course of june and july well may 30th to july 31st to be specific so starting that last day of may we wanted to make sure that was covered but We really have a lot of fun activities. This includes our summer reading performers are listed, as well as all of the other fun activities. It talks about our lunch at the library program. It talks about our story times and our community visits. And then one of the things that we're really hoping people engage with this is We want to hear from you, this very last page. There's some fun activities on the back for the kiddos, but we're really trying to encourage people telling us how they're hearing about the library and what they're learning at the summer reading program and if it's meeting their needs. And you can either do that on the piece of paper or you can use the handy dandy QR code and fill it out online. And anyone who participates in this does get entered into a fun raffle. thematically appropriate with our summer reading program. So I encourage everybody to fill that out. In addition, I'm excited to share that on Wednesday we begin the vertical construction of the Duran Eastside Library. So you know how that building has the chevron pattern around it? The chevron pattern is sitting and is going to start being installed this week. So you'll start seeing things coming out of the ground. So it'll look a little bit more like a building is actually coming. We're on track and things are going well, but it is a very exciting next step in the construction process. Thank you.

All right, thank you. Moving on to item 11. Are there any future Board of Library Trustee considerations as requested by board members? Only items that fall within the powers and duties of the Board of Library Trustees as set forth in the city charter and or the Riverside Municipal Code will be agendized for future discussion. Did I skip your conferences report?

No, you did it. Okay. Thank you.

All right. Any trustees, any recommendations? All right. There are no items for consideration. The next Board of Library Trustees meeting is scheduled for Monday, July 13th at 5 p.m. Are there any further items to discuss as there are?

I would just like to say this guide is outstanding. What a great tool. Absolutely great. Way to go. Well done you and your team.

All credit goes to Joseph Garcia, our library associate who leads the summer reading program systematically. And then Lexi, who is the person who oversees marketing for our team. They both did a tremendous job this year, really knocking it out of the park.

It's going to last all summer.

Thank you.

I just wanted to comment on the event you guys had. I think it was Saturday with all the independent writers, like local writers and authors. One of my friends was able to participate. She just wrote a book. So I'm like, oh, my God, that's so cool. So thank you for doing that because I think sometimes they don't get as much exposure as some of them deserve. So thank you.

Alright, as there are no further items on the agenda, this meeting is adjourned.