San Marcos City Council to discuss lease agreement with Hays County Judge Ruben Becerra

Sierra Martin | Managing Editor

SAN MARCOS – The San Marcos City Council will have a regular meeting on Tuesday, January 18, 2022, at 6 p.m. and will discuss and vote on several agenda items, including officer camera footage, appointments to the Animal Services Committee, and potential amendments to the lease agreement for a property owned by Hays County Judge Ruben Becerra. 

In executive session, council will discuss potential amendments of the lease agreement with Becerra Corp. of a city-owned property located at 201 S. LBJ Street. Hays County Judge Ruben Becerra took over the lease for the building in 2015 when the property was Dixie Cream Donuts.

The property was initially leased by Daniel “Dan-Dan the Donut man” Anderson, who owed lease payments to the City of San Marcos for 2013 and 2014. Becerra took over the lease and owed lease payments for 2015-2018.

In May 2018, the San Marcos City Council passed a motion to waive $11,054.78 in delinquent lease payments from 2013-2016 and accept a settlement of $2,063.21. Council also voted to reduce the property rent for 2017 for Becerra’s business.

The property has changed from Dixie Cream Donuts to Yogurt in Love and is currently Santis Tacos. 

San Marcos Councilmembers will also discuss and consider the creation of and appointments to an Animal ServicesCouncil Committee. 

Councilmembers will vote on purchasing a FARO 3D Laser Measurement System to assist the San Marcos Police Department with forensic investigations in the estimated amount of $91,690.50.

Council will discuss awarding a construction contract to Archer Western for the Surface Water Treatment Plant Improvements project in the total amount of $12,945,554.10, with the City’s portion being $5,863,444.05.

Also on the agenda is to discuss police officer camera footage, including body-worn camera and dashboard camera footage. 

The full city council agenda can be found below. The meeting will be a hybrid (in-person/virtual meeting). To view the meeting please go to http://sanmarcostx.gov/421/City-Council-Videos-Archives or watch on Grande channel 16 or Spectrum channel 10.

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City Council
City of San Marcos
Regular Meeting Agenda - Final
630 East Hopkins
San Marcos, TX 78666
City Council Chambers/Virtual
6:00 PM
Tuesday, January 18, 2022
630 E. Hopkins
This will be a hybrid (in-person/virtual meeting). To view the meeting please go to
http://sanmarcostx.gov/421/City-Council-Videos-Archives or watch on Grande channel
16 or Spectrum channel 10.
I. Call To Order
II. Roll Call
III. Invocation
IV. Pledges of Allegiance - United States and Texas
V. 30 Minute Citizen Comment Period
Persons wishing to participate (speak) during the Citizen Comment portion of the meeting must email
citizencomment@sanmarcostx.gov the day prior to the meeting and before 12:00PM the day of the
meeting. A call in number to join by phone or link will be provided for participation on a mobile device,
laptop or desktop computer.
CONSENT AGENDA
THE FOLLOWING ORDINANCES, RESOLUTIONS AND OTHER ITEMS MAY BE ACTED UPON BY
ONE MOTION. NO SEPARATE DISCUSSION OR ACTION ON ANY OF THE ITEMS IS NECESSARY
UNLESS DESIRED BY A COUNCIL MEMBER OR A CITIZEN, IN WHICH EVENT THE ITEM SHALL BE
CONSIDERED IN ITS NORMAL SEQUENCE AFTER THE ITEMS NOT REQUIRING SEPARATE
DISCUSSION HAVE BEEN ACTED UPON BY A SINGLE MOTION.
Consider approval, by motion, of the following meeting minutes:
a. December 7, 2021 - Work Session Meeting Minutes
b. December 15, 2021 - Regular Meeting Minutes
c. January 4, 2022 - Work Session Meeting Minutes
1.
Consider approval of Ordinance
2021-91
, on the second of two readings, annexing into the
City approximately
3.60
acres of land generally located at the northwest corner of the State
Highway
123
and Clovis Barker Road Intersection in Case Number AN
-21-10
; including
procedural provisions; and providing an effective date.
2.
Consider approval of Ordinance
2022-01
, on the second of two readings, amending the
Official Zoning Map of the City in Case No.
ZC-21-21
by rezoning approximately
3.59
acres of land, generally located at the Northwest Corner of Highway
123
and Clovis Barker
3.
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January 18, 2022
City Council
Regular Meeting Agenda - Final
Road intersection, from
“FD
” Future Development District to
“CM
” Commercial District;
including procedural provisions; and providing an effective date.
Consider approval of Ordinance
2022-04
, on the second of two readings, amending
Section
2.566
of the San Marcos City Code to authorize the City Manager or the City
Manager’
s designee
(s) to approve change orders to city contracts involving increases or
decreases of $
50,000.00
or less by deleting any reference to the individual holding the
position of City Manager; including procedural provisions; and declaring an effective date.
4.
Consider approval of Resolution
2022-11
R, approving an agreement with Charles D.
Nash
Jr. for the city to purchase three parcels of land totaling
4.88
acres in the vicinity of the
IH-35
Southbound Frontage Road near the intersection of Carlson Circle and River Ridge
Parkway for a purchase price of $
950,000.00
, plus associated closing costs, to be used
for water detention facilities and water quality purposes in connection with the Briarwood
and River Ridge Improvements Project; authorizing the City Manager, or the City
Manager’
s designee, to execute said agreement and associated closing documents; and
declaring an effective date.
5.
Consider approval of Resolution
2022-12
R, authorizing an agreement with the Texas
Department of Transportation for the City of San Marcos to assume operation and
maintenance of existing traffic signals due to an increased population exceeding
50,000
as required by state law and an agreement for the installation and reimbursement to the
City for the operation and maintenance of traffic signals in the minimum annual amount of
$21,824.88
; authorizing the City Manager or his designee to execute the agreements on
behalf of the City; and declaring an effective date.
6.
Consider approval of Resolution
2022-13
R, awarding a construction contract to Myers
Concrete Construction LP, for the San Marcos Downtown Accessible Pedestrian Traffic
Signal Improvements project in the total amount of $
368,052.04
; authorizing the City
Manager or his designee to execute the contract on behalf of the City; and declaring an
effective date.
7.
Consider approval of Resolution
2022-14
R, authorizing a Change in Service to the project
management services agreement with Jacobs Engineering Group relating to management
of City Bond Projects to extend the contract end date to December
31
, 2022
at no
additional cost to the City; authorizing the City Manager or his designee to execute the
documents necessary to implement the Change in Service on behalf of the City; and
declaring an effective date.
8.
Consider approval of Resolution
2022-15
R, approving an agreement with Randall Morris &
Company providing for the City to purchase a drainage easement across
0.1950
acres of
land located at
708
River Road, together with a temporary workspace license, for a price
of $
80,882.00
plus associated closing costs, in connection with the Blanco Gardens
Drainage Improvements Project; authorizing the City Manager, or his designee, to execute
said agreement and associated closing documents; and declaring an effective date.
9.
Consider approval of Resolution
2022-16
R, approving an Assessment and Collection
Agreement between the City and Hays County regarding the collection of assessments for
the Whisper South Public Improvement District located in the vicinity of IH
-35 and
10.
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City Council
Regular Meeting Agenda - Final
Yarrington Road; authorizing the City Manager, or his designee, to execute the agreement
on behalf of the City; and providing an effective date.
Consider approval of Resolution
2022-17
R, authorizing a Change in Service to the
agreement with AT&T Mobility II, Inc. and NetMotion Wireless to provide software
maintenance for use by city employees who use their devices in locations other City
property to be renewed in the estimated annual amount of $
25,920.00
and allow for the
option to extend the agreement on an annual basis indefinitely upon mutual agreement of
both parties; authorizing the City Manager or his designee to execute the appropriate
documents to implement the Change in Service; and declaring an effective date.
11.
Consider approval of Resolution
2022-18
R, approving an agreement with AWS
Communications,
through
the
Department
of
Information
Resources
Purchasing
Cooperative, for the purchase and installation of the Public Services Complex Cellular
Distributed Antenna System
(DAS
) in the estimated amount of $
164,286.00
; authorizing
the City Manager or his designee to execute the agreement on behalf of the City; and
declaring an effective date.
12.
Consider approval of Resolution
2022-19
R, approving a Professional Services Agreement
with Halff and Associates, Inc. to provide consulting services for development of the
preliminary design report for the San Marcos Riverfront Parks project in the estimated
amount of $
181,965.00
; authorizing the City Manager or his designee to execute the
agreement on behalf of the City; and declaring an effective date.
13.
Consider approval of Resolution
2022-20
R, approving a Professional Services Agreement
with Halff and Associates, Inc. to provide consulting services for the development of the
San Marcos Natural Area Land Management Plan in the estimated amount of $
99,760.00;
authorizing the City Manager or his designee to execute the agreement on behalf of the
City; and declaring an effective date.
14.
Consider approval of Resolution
2022-21
R, approving an agreement with ZNet Tech LLC,
through the General Services Administration Purchasing Cooperative, for the purchase of
the FARO
3D Laser Measurement System to assist the San Marcos Police Department
with forensic investigations in the estimated amount of $
91,690.50
for the initial purchase
and two years of maintenance and authorizing an additional three
-year term; authorizing
the City Manager or his designee to execute the agreement on behalf of the City; and
declaring an effective date.
15.
Consider approval of Resolution
2022-22
R, ratifying staff approval of a Change Order to
the construction contract with Seidel Construction, LLC relating to Fire Station No.
6 to
provide for a redesigned HVAC System in the amount of $
108,486.00
; authorizing the City
Manager or his designee to execute the appropriate documents relating to the change
order on behalf of the City; and declaring an effective date.
16.
Consider approval of Resolution
2022-23
R, approving a contract with Stryker Sales
Corporation, through the Texas SmartBuy Purchasing Cooperative, for the purchase of a
Lifepak
15
Cardiac Monitor
/Defibrillator and Lucas
3 Chest Compression System for use
by the San Marcos Fire Department in the amount of $
62,982.05
; authorizing the City
Manager or his designee to execute the contract on behalf of the City; and declaring an
17.
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January 18, 2022
City Council
Regular Meeting Agenda - Final
effective date.
Consider approval, by motion, a recommendation by the Planning and Zoning Commission
and City Council to waive the cost of the application fee for a Conditional Use Permit
request
(CUP-22-05
) for Las Onces Colinas, LLC
., in an amount not to exceed $
806.00,
and provide direction to the City Manager.
18.
NON-CONSENT AGENDA
Consider approval of Ordinance
2022-07
, on the first of two readings, amending Chapter
78
, Taxation, of the City Code of Ordinances; establishing a residential homestead
exemption in the amount of $
15,000
; increasing the residence homestead exemption for
disabled persons and persons
65
or older from $
25,000
to $
35,000
; including procedural
provisions; and declaring an effective date.
19.
Consider approval of Resolution
2022-24
R, awarding a construction contract to Archer
Western for the Surface Water Treatment Plant Improvements project in the total amount of
$12,945,554.10
with the City
’s portion being $
5,863,444.05
pursuant to the terms of an
interlocal agreement between the City, Alliance Regional Water Authority and Guadalupe
Blanco River Authority; authorizing the City Manager or his designee to execute the
contract on behalf of the City; and declaring an effective date.
20.
Consider approval of Resolution
2022-25
R, approving an Interlocal Agreement with the
Alliance Regional Water Authority
(ARWA
) providing for joint participation in the design
and construction of improvements related to the delivery of Carrizo Aquifer groundwater to
San Marcos; authorizing the City Manager or the City Manager
’s designee to execute the
agreement on behalf of the City; and declaring an effective date.
21.
Discuss and consider the creation of and appointments to an Animal Services Council
Committee and provide direction to staff.
22.
Hold discussion regarding the City Council Packet Meetings, and provide direction to the
City Manager.
23.
Hold a discussion regarding officer camera footage
(included but not limited to body
-worn
camera and dashboard camera footage) and provide direction to staff.
24.
EXECUTIVE SESSION
NOTE: The City Council may adjourn into Executive Session to consider any item listed on this agenda if a
matter is raised that is appropriate for Executive Session discussion. An announcement will be made of
the basis for the Executive Session discussion. The City Council may also publicly discuss any item listed
on the agenda for Executive Session.
Executive Session in accordance with the following:
A.
Sec
. §551.072
of the Texas Government Code: Real Property - to discuss potential
amendment of a lease agreement with Becerra Corp. of city
-owned property located at
201 S. LBJ (intersection of Edward Gary & S. LBJ)
B.
Sec
. §551.072
of the Texas Government Code: Real Property - to discuss a potential
lease of the San Marcos Electric Utility building located at 1040 State Hwy 123
25.
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