AGENDA CAPTION:
Title
Consider approval of Ordinance 2024-08, on the second of two readings, amending Chapter 58, Public Facilities, Parks and Recreation of the San Marcos City Code to add restrictions on certain beverage containers and coolers in the San Marcos River and within designated park areas adjacent to the river; providing penalties for violations of such restrictions; providing a savings clause; providing for the repeal of any conflicting provisions; and providing an effective date.
Body
Meeting date: February 20, 2024
Department: Parks and Recreation
Amount & Source of Funding
Funds Required: $100,000
Account Number: General Fund and Hotel Tax Fund for Communications Plan
Funds Available: A budget amendment will be required
Account Name: N/A
Fiscal Note:
Prior Council Action: Click or tap here to enter text.
City Council Strategic Initiative: [Please select from the dropdown menu below]
Quality of Life & Sense of Place
Environmental Protection
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☒ Environment & Resource Protection - Natural Resources necessary for community's health, well-being, and prosperity secured for future development
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Master Plan: [Please select the corresponding Master Plan from the dropdown menu below (if applicable)]
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Background Information:
September 19, 2023 - The City Council held a discussion regarding a single use container ban and provided direction for the Parks and Recreation Board to bring back a recommendation.
November 30, 2023 - The Parks & Recreation Board approved the attached Recommendation Resolution which includes their proposed recommendations.
December 6, 2023 - The City Council discussed the Recommendation Resolution and following discussion requested to have further discussion during a Work Session.
January 16, 2024 - The City Council received a staff presentation and provided direction regarding the implementation of a single-use beverage container prohibition.
The following was the direction provided to staff for purposes of drafting an Ordinance for future consideration:
1. The use of single-use beverage containers will be prohibited in the public waterway and in designated "No Zones" within the riverfront parks.
2. However, single-use beverage containers will still be allowed in designated "Go Zones". "No Zones" will be clearly marked with signage and included on our existing large park maps within the riverfront parks. We will also make the map available on our website to allow people to plan their visit in advance.
3. There will be a limit of one 30qt cooler per person on the public waterway, but no limitations within the riverfront parks themselves.
4. Open containers with a volume capacity of five fluid ounces or less will be prohibited in both the public waterway and the riverfront parks. However, capri sun pouches or juice boxes, which are generally 6oz, will still be allowed.
5. The fenced areas of Ramon Lucio Ballfields, Rio Vista Pool, and city facilities such as the Activity Center, Pauline Espinosa Community Hall, and Fish Hatchery will be considered "Go Zones".
6. The ordinance will go into effect on May 1, 2023. During the first year, there will be an education period and no citations will be issued for violations.
In addition, staff provided a break down for the cost of personnel, such as park ambassadors, and park rangers vs. deputy marshals, to address some inquires that were made during the work session.
Regarding the Communications Plan, the Parks and Recreation Department, the Communications team, and the Convention & Visitor Bureau staff have begun working on developing marketing materials, a public education campaign, and signage design, to be launched promptly after the ordinance is adopted.
The following amendments were added following City Council’s direction on February 6, 2024:
• Definition for Riverbank and banks of the river.
means the sloping ground that borders the watercourse and confines the water in the natural channel when the water level, or flow, is normal.
• Wording for 58.034(c)(1):
An individual possessing any glass or single-use beverage container as a result of being involved in the clean-up of or collection of trash and debris is exempt from the application of this section.
• Replacement wording for Sec 58.073: Limitations on Coolers that are allowed on rivers.
• Replacement wording for 58.073(a)(2):
An individual using, possessing, carrying or disposing of any of the items described in this section as a result of being involved in the clean-up of or collection of trash and debris is exempt from the application of this section.
Council Committee, Board/Commission Action:
Parks and Recreation Board Recommendation Resolution 2023-03RR-PRB attached
Alternatives:
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Recommendation: Click or tap here to enter text.