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Regular Meeting March 20, 2007 Page 4 <br />ESTABLISHING <br />A RIVER FUND; <br />DATE. <br />AN ANNUAL FRANCHISE PROCESS; SETTING A FEE; ESTABLISHING <br />PROVIDING FOR PENALTIES AND ESTABLISHING AN EFFECTIVE <br />Mr. Guerrero moved for approval of an Ordinance on first reading, and Mr. <br />Jones seconded the motion. Mayor Narvaiz stated a citizen has signed up to <br />speak on this Item. 1) Mike Rhoades, Lions Club, stated 100% of profits for <br />Lions Club stay in the community. He stated they work closely with the <br />Parks Department and have not increased their rates in the past five years. <br />He stated the Lions Club has already had 20,000 brochures printed for <br />hotels, and would have to reprint if this Ordinance changes. Mayor Narvaiz <br />inquired to whether non profit organization could be treated at a different <br />level than other businesses. Andy Quittner, Interim City Attorney, stated <br />the law requires that all competitors be treated equal. Mr. Jones inquired <br />to whether the vendors were aware the Ordinance amendment was coming to <br />Council. Mr. Quittner stated the vendors were not aware the Ordinance was <br />coming before the Council tonight. Mr. Jones inquired to whether the <br />Ordinance could be adopted with no financial impact for a year. Mr. Quittner <br />stated the Ordinance could be amended to allow this. Mr. Jones stated he <br />feels businesses should have a chance to prepare by setting the effective <br />date for next year. He inquired how this Ordinance would be enforced. Mr. <br />O'Leary stated there could be stickers required for trailers, and if Code <br />Enforcement sees them operating without it, they would cite them. Mr. Bose <br />inquired to how this Ordinance would be implemented. Rodney Cobb, Director <br />of Parks Department, stated the implementation for this is being worked out <br />He stated the permitting processes will not be an issue. He also stated <br />once a route is designated, then the issues of working out the number of <br />drop off points and the different times will still need to be worked out. <br />Mr. Thomaides stated from a safety standpoint, this proposal seems sound. <br />He thanked the Lions Club for their services and for their help in trying to <br />make the river a family friendly atmosphere. He also stated he feels the <br />tubers are not creating the problems. He stated he feels the Council needs <br />to look at this issue like a hotel tax, which would lessen the burden for <br />the rest of the citizens. Mayor Narvaiz inquired to whether the Council <br />wanted to offer an amendment, or is there a grandfathering for a period of <br />time. Mr. Quittner recommended the Council go with a fee waive for existing <br />vendors for one year. Mr. Guerrero inquired to the number of vendors <br />inquiring about shuttling services. Mr. Cobb stated there are currently <br />four vendors inquiring about the requirements of doing business in San <br />Marcos. Mayor Narvaiz inquired to whether there are two businesses who pay <br />a franchise fees, and two that are not charged. Mr. Quittner stated there <br />was not a way to enforce the franchise fees. Mr. Thomaides inquired to the <br />amount of increase. Mr. Cobb stated the Lions Club would have a $1600.00 <br />increase. Mr. Jones stated he feels this issue should be tabled to allow <br />Staff to review additional information. Mr. Thomaides inquired to whether <br />the Park and Recreation Advisory Board have had discussions on this issue <br />before tonight. Mr. Cobb stated the Parks and Recreation Advisory Board ha <br />