AGENDA CAPTION:
Title
Receive an update on Senate Bill 71 (SB 71) which, if passed would authorize the State of Texas to convey ownership of the bed and banks of the San Marcos River within the corporate limits of the City to City of San Marcos, and provide direction to Staff.
Body
Meeting date: February 21, 2017
Department:
Funds Required: N/A
Account Number: N/A
Funds Available: N/A
Account Name: N/A
CITY COUNCIL GOAL:
COMPREHENSIVE PLAN ELEMENT(s):
BACKGROUND: During the 84th Texas Legislative Session the San Marcos City Council partnered with Senator Judith Zaffirini and Representative Jason Isaac on a bill to transfer ownership of the bed and banks of the San Marcos Rive from the State of Texas to the City of San Marcos. March 2015 the city council provided a resolution of support for the proposed legislation to both Senator Zaffirini and Representative Isaac. The legislation was not passed during the 84th Legislative Session.
In July of 2016 the San Marcos City Council adopted Guiding Principles for the 85th Legislative Session. One of the principles listed is to support legislation that protects the San Marcos River and continued progress of the Habitat Conservation Plan. At that time, Council was provided, as an attachment to the agenda item, the City of San Marcos Policy Issues Document which outlined specific issues the City would support or oppose including the Bed and Banks issue, which would later become SB 71.
In November of 2016 Senator Zaffirini filed SB 71 to help the City of San Marcos better manage restoration and environmental protection of the San Marcos River.
The bill, if passed, would assist the City in better protecting the river, plants and wildlife by streamlining and more efficiently managing in river Habitat Conservation Plan projects. This bill will help the City balance the value of the San Marcos River as a center for recreation and the need to protect the habitat of the some of the earth's most rare species.
Key facts:
City ownership of the bed and banks would give City rangers authority to protect endangered species. Under the EAHCP, the City is responsible for increasing Texas wild-rice coverage and protecting the San Marcos salamander, fountain darter and Comal Springs riffle beetle. The City’s civilian rangers do not have direct authority to protect endangered plants and animals from tampering, but instead have to call a game warden.
City ownership of the bed and banks would allow for a faster response in repairing city-owned facilities for public safety. The City owns river access points, dams and bridges in upper San Marcos River, but does not have the authority to repair these structures. During bridge repairs, the City needs to shut down navigation in the river during construction, but does not have the authority to do so.
In sum, the City has infrastructure and multiple projects on the river for which it is solely responsible. City ownership of bed and banks will help ensure the highest success in complying with the HCP and maintaining public safety in the San Marcos River and city parks.
Once the bill was filed there were some questions raised and some misinformation disseminated including incorrect claims that this bill would prohibit or dramatically restrict river recreation, impact the Cape’s Dam project, or allow more development along the river.
This bill will NOT:
• Limit access to the San Marcos River
• Interfere with San Marcos River recreation
• Impact the pending permit application for the removal Cape's Dam
The City has worked with Senator Zaffirini’s staff to add language to the bill that would assist in clarifying the intent related to the Cape’s Dam project. The language clarified that the City will continue the sand and gravel permit process for the Cape’s Dam project specifically, regardless of the outcome of the bill. However, sand, gravel, shell and marl and mudshell would be conveyed to the City if the bill is passed. This language is based on legislation passed for the City of Waco.
The City has also clarified to Senator Zaffirini’s staff that there is no concern of increased development on the banks of the river. The conveyance would only include the banks of the river, not private property along the river. Additionally, the San Marcos River Corridor Ordinance has been in place since the 1980's. It prohibits impervious cover within 100 feet of the banks on either side of the river (water quality zone) and further restricts impervious cover to a maximum of 30 percent within the next 100 feet from the river (buffer zone). The intent of the ordinance is to prohibit and limit development adjacent to the river. Proposed code changes will expand the boundary and water quality treatment requirements for the San Marcos River.
The suggestions have been passed on to the drafters of the bill who will make edits before it is presented to a senate committee.
*Edited March 13, 2017