Chapter 8 — PARKS AND RECREATION COMMISSION

90108.00 - Parks and recreation commission.

The parks and recreation commission of the county of Imperial is both an advisory and a decision-making authority created by the board of supervisors and is empowered with the duties and responsibilities specified within this chapter.

(Ord. 1431 § 1 (part), 2008)

The parks and recreation commission shall consist of ten (10) members as appointed and designated by the board of supervisors. The board of supervisors shall designate the general manager of the Imperial irrigation district (IID), executive director of the Imperial County farm bureau, chairman of the Imperial County planning commission, a representative of the geothermal industry, a president of a major youth athletic program, a member of the Sand and Gravel Mining Association, a representative of the fish and game commission and three members of the general public. The board of supervisors shall make appointments when necessary from a slate of nominees for each category presented by the planning and development services director. The term for each appointee shall be designated at the time of said appointment.

(Ord. 1431 § 1 (part), 2008)

90108.02 - Term and qualification.

A.

The term of office of each commissioner shall be four years. However, the term of five of first ten (10) commissioners shall be six years.

B.

The board of supervisors, by a four-fifths vote, may remove any designee(s) of the parks and recreation commission at any time during his or her term.

(Ord. 1431 § 1 (part), 2008)

90108.03 - Vacancy.

A.

Vacancy in office of a designee of the commission shall occur upon the expiration of their term, death, resignation, removal from or forfeiture of office.

B.

In case of vacancy where the commissioner is a designated position in an organization or district, the replacement shall be an authorized person of the organization or district. The replacement must be designated in writing and presented to the commission.

(Ord. 1431 § 1 (part), 2008)

Each calendar year (during January), the commission shall elect a chairperson and a vice-chairperson from among the appointed designees, who shall serve for a term of one year. The planning and development services director shall serve as secretary to the commission. Both the planning and development services department and fish and game commission shall be staff to the parks and recreation commission. The board

of supervisors may appoint other officers or department heads to also shall serve as advisers to the commission.

(Ord. 1431 § 1 (part), 2008)

90108.05 - Rules for the transaction of business.

A.

A majority of the appointed commission shall constitute a quorum for the transaction of business. A majority of all designees appointed must concur in any decision (i.e., 6/10 - 5/9 - 5/8, 4/7, etc.).

B.

The commission shall conduct its business according to the rules for the transaction of business under Section 90108.10. The commission shall keep a record of all resolutions transactions, findings and/or determination. The commission shall record all meetings via mechanical recording devices, and all such recordings shall be public record.

C.

Transcriptions of any hearing shall be done only through the planning and development services department and shall be at full cost to requesting party.

(Ord. 1431 § 1 (part), 2008)

90108.06 - Meeting(s).

A.

The commission may hold one regular meeting each month and may hold such additional and special meetings as may be called by the chairperson by giving special notice as required by law.

B.

The commission shall hold its regular monthly meeting on the second Wednesday of each and every month at eight a.m. in the County Administration Center, Board of Supervisors Chambers, unless otherwise specified.

C.

Regular, special or specially adjourned meetings may be held at other locations and times so long as notice is given as required by law. Any special meeting held at the request of a project applicant shall be paid for in full by requesting party, and shall only be held if so approved by the chairperson.

(Ord. 1431 § 1 (part), 2008)

90108.07 - Powers and duties.

A.

Administration of the Nonprofit Corporation. The commission shall act as the board of directors for the administration of a nonprofit corporation established under Internal Revenue Code Section 501(c)(3) to allow donations of financial and other support to the parks and recreation system to be tax deductible. The staff for the nonprofit corporation shall be from both the Imperial County planning and development services department and the public works department.

t as the board of directors for the administration of a nonprofit corporation established under Internal Revenue Code Section 501(c)(3) to allow donations of financial and other support to the parks and recreation system to be tax deductible. The staff for the nonprofit corporation shall be from both the Imperial County planning and development services department and the public works department.

The commission shall direct staff on the use of all funds or other donations received through the corporation. In the event that the project or use of the funds or donated item(s) requires board of supervisors' approval, the board shall review and approve the commission's action. In the event the board disagrees with the commission's direction, the board shall refer the proposed project back to the commission for an alternative recommendation. In no event shall nonprofit corporation funds be expended without first gaining the approval of the commission.

Any and all donations/contributions to the corporation shall be maintained by the auditor/controller as a separate budget line item under the management of the Imperial County planning and development services department, with direct oversight by the commission. The commission intends that these donations and contributions will enhance the parks and recreation program. The moneys shall be in addition to any general fund accounts, grants or other funding which the county provides for its existing parks and recreation program.

In the unusual event of a disagreement between the board of supervisors and the parks and recreation commission over the use of the funds from the nonprofit corporation, the chairperson of the board of supervisors, the chairperson of the commission along with the directors of public works and planning shall meet to resolve the matter.

B.

Advisory Agency. The commission shall act as the advisory commission to the board of supervisors on all matters pertaining to the design, construction, operation, use and maintenance of the county parks and recreational facilities.

In this capacity, the commission shall do the following:

1.

Administration and Organization.

a.

Encourage the delivery of park and recreational opportunities to current and future generations, periodically update and evaluate the changing demands for services and meet those demands using private organizations, county departments and public funds;

b.

Encourage an effective and efficient cooperative working relationship with the community organizations, school districts, and surrounding communities to meet the recreational needs of all agencies;

c.

Encourage Volunteerism. In recognition that both human and financial resources are limited, it shall be a policy of the commission to seek volunteers to assist with the creation and maintenance of recreational opportunities in the county.

2.

Recreational Programs.

a.

To identify the program needs, ensuring a wide variety of opportunities for people of all ages, abilities and interests;

b.

To interact with those private, public, and quasi-public organizations to facilitate services and eliminate wasteful duplication;

c.

To enhance the public knowledge and appreciation for the natural beauty of open space and the environmental and historical significance of one's surroundings.

3.

Recreational Facilities. The Imperial County park system includes community parks, neighborhood parks, and mini-parks that serve the recreational needs of the Imperial Valley. It is the intent of the parks and recreation commission to continue to enhance these facilities and to develop regional parks.

a.

To identify the public's wants and needs for both active and passive recreation;

b.

To take an inventory of current facilities and to evaluate their adequacy for their use. In the event additional facilities are necessary, the parks and recreation commission shall maximize use of existing public, quasipublic and private lands and buildings;

c.

To make all facilities available to all county residents, to make facilities accessible to the handicapped, to provide areas for both organized and spontaneous play;

d.

To interact with the various historical agencies within the community for the purpose of protecting and enhancing historical sites for present and future generations.

4.

Open Space and Environmental/Conservation Considerations.

a.

To identify key areas of environmental/ecological importance such as wetlands, flood plains, watercourses, steep slopes and areas of natural scenic beauty. Furthermore, to protect such areas and incorporate same into the park and recreation system as open space;

b.

To reclaim areas of environmental/ecological deterioration using available resources from the public, quasipublic and private sectors;

c.

To protect historical sites by including them into an open space park system;

d.

To create any additional open space and recreational areas as may be permitted by code or statute, thus providing relief from the encroachment of modern high density living.

5.

Maintenance.

a.

It is the intent of the parks and recreation commission to provide for a system of safety inspections and maintenance of all equipment and facilities. Such inspections and maintenance will be provided on a regular basis.

b.

It is the intent of the parks and recreation commission to provide the maximum level of safety and security at all parks within the system.

6.

Finance and Budgeting. It is the intent of the commission to fund the parks and recreation system through a combination of federal, state, county and local funding sources (both public and private).

7.

Citizen Participation.

a.

The parks and recreation commission shall use the various channels available to it (such as the news media, mailings and official announcements) to advise its residents and visitors of the programs and facilities available.

b.

The parks and recreation commission, in cooperation with the various associations, service clubs, private interests, citizens and government agencies, shall provide a forum for the exchange of ideas with the purpose of encouraging participation by all.

(Ord. 1431 § 1 (part), 2008)

90108.08 - Procedural protocol.

No project requiring compliance with this title shall be heard and decided upon by the board of supervisors unless said project is first reviewed and considered by the parks and recreation commission. The board of supervisors shall not adopt or approve a plan or ordinance relating to the parks and recreation without first receiving a report and/or recommendation from the parks and recreation commission. If the board does consider and approve such a project without first receiving input from the commission, the project approval shall be deemed null and void, unless said project is determined by the board by a four-fifths vote to be an emergency.

(Ord. 1431 § 1 (part), 2008)

90108.09 - Rules of procedure by the commission.

A.

Meeting time shall be at eight a.m. unless otherwise specified by public notice.

B.

Meeting date shall be the second Wednesday of every month unless a special meeting is called by the chairperson and/or a meeting is not necessary as determined by the planning and development services director.

C.

The chairperson shall preside at all meetings, except in his or her absence it shall be the vice-chairperson who shall perform the duties of the chairperson. In the event both the chairperson and the vice-chairperson are absent, the acting chairperson shall be the previous year's chairperson/vice-chairperson.

D.

The meeting shall first be called to order by the chairperson and roll call taken.

E.

Minutes of the previous meeting shall be reviewed and adopted, or adopted as amended.

F.

The chairperson shall call the projects on the agenda in the order of the agenda; however, the chairperson may take items out of sequence as necessary.

G.

Any commissioner who has a conflict on a specific item before the commission shall state reason for the conflict and shall not serve on the commission for said item. The commissioner shall step down from the commission, and shall not participate in the hearing, except as an individual.

H.

Every project shall be read into the record by staff and the commission shall allow for an open public hearing on each item.

I.

Before a motion is accepted, the public hearing portion shall be closed and the commissioners shall have an opportunity to make comments or ask questions.

J.

If a question by a commissioner is asked after the public hearing is closed, and it requires an answer from the applicant, the hearing is not re-opened to the public and is only open to the applicant to the extent of directly answering the question.

K.

The chairperson has the ability and the right to limit the amount of time a person has to address the commission, which may also include a commissioner's time.

L.

Discussions between commissioners and/or staff after public hearing period is closed shall not require reopening of the hearing to the public.

M.

If a motion receives less than a majority vote of all members appointed, the motion fails. The commission may make as many motions as it deems necessary on a project. However, once a motion to approve fails and a motion to deny fails, the project shall be deemed denied, and automatically forwarded to the board of supervisors.

(Ord. 1431 § 1 (part), 2008)

Division 2 - GENERAL PROVISION Chapter 1 - ZONING MAPS

The purpose of this chapter is to establish guidelines for the interpretation of this title and to enumerate miscellaneous requirements generally applicable to all matters included within this title. Specifically, this chapter incorporates by reference the zoning maps that are too large and voluminous to be included within this division. These maps are on file in the planning and development services department. Reduced (size) copies are contained in Division 25 of this title, along with all amendments thereto.

(Ord. 1415 § 36, 2006)

Where uncertainty exists as to the exact boundary of any zoning area as shown on the official zoning map(s) the following rules shall apply:

A.

Where the boundaries are indicated as approximately following streets, highways, railroads, alley lines and/or lot lines, such lines shall be construed as extending to the center line of such street, highway, railroad or alley.

B.

For unsubdivided property or where a zoning area boundary divides a lot, parcel or portion of land, the location of the zoning boundaries (unless specified by exact dimension) shall be determined by the planning and development services department.

C.

In case any uncertainty exists, the director of planning shall determine the location of the zoning boundary.

D.

Where any public street or alley is officially vacated or abandoned the regulation applicable to abutting property shall apply to the vacated or abandoned street or alley, to which the public street or alley is merged.

E.

Where any private right-of-way or easement of any railroad, railway, canal, transportation, or public utility company is vacated or abandoned the regulation applicable to abutting property shall apply to the centerline of such vacated or abandoned property.

(Ord. 1415 § 38, 2006; prior code § 90201.01)

The county of Imperial encompasses some five thousand two hundred (5,200) square miles, and it is necessary to designate the various land use zones on several individual maps. Therefore in addition to the text and drawings contained within this title, the official maps set out in Division 25 of this title are adopted herewith as part of this title.

(Prior code § 90201.02)