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After years of negotiation, council authorizes one final offer for Higuera Street right‑of‑way acquisitions
Summary
Following public comment from a property owner who alleged stalled negotiations, the council authorized staff to make a final offer to Higuera Street property owners; city attorney said staff rejected private‑improvement demands as an improper use of public funds.
The San Luis Obispo City Council authorized staff — as part of the consent agenda — to issue a final offer to two property owners on Higuera Street to acquire necessary rights‑of‑way for a longstanding street project, after a property owner urged the council not to transfer decision authority to engineering staff.
What the council approved: Staff said negotiations over easements on Higuera Street have been ongoing for roughly five years. Public Works Director Manhorn told the council staff recommends one final offer to the affected property owners; if the offer is accepted the city will proceed with the acquisition and project; if declined the city may repurpose the funding for other Higuera Street improvements.
Public comment and dispute: Property owner Matt C. (transcript: “Matt Colcon”) addressed the council during public comment and said he had been engaged in negotiations, accused the city of bad‑faith behavior after receiving a demand letter, and asked the council not to allow staff to conclude the project without continued negotiation at the council level. He said the city’s right‑of‑way agent had been discussing additional private improvements to be funded but staff had not followed through on those items.
City Attorney guidance and staff response: The city attorney responded that property owners’ requests for city payment of private improvements or unrelated private compensation raise legal concerns; staff must avoid using public funds for private benefit unrelated to the public project. That legal principle was cited by staff as a reason the city could not accept some of the requested private improvements as part of the acquisition.
Motion and outcome: The authorization to issue one last offer was included in the consent agenda and approved as part of the consent vote. The clerk recorded abstentions for two council members on a different consent item (the Short Range Transit Plan); the consent package otherwise passed.
Next steps: Staff will issue the final offer and report results back to council. If the owners accept, staff will proceed with acquisition and project implementation; if the offer is rejected, the city will redirect the funds to other Higuera Street projects, as previously explained by Public Works.
