City manager addresses issue of cameras shown in public areas of Atascadero

ATASCADERO — A multi-year process came to fruition during the Atascadero City Council's Tuesday, Sept. 22, meeting as the council unanimously approved the city's 2045 General Plan.

The approval, however, took a somewhat convoluted path as the council had to vote on the plan in segments, involving the recusal of City Councilmembers Heather Newsom and Seth Peek because the first of those segments, according to City Attorney Dave Fleishman, involved "designation of certain lots to low density family and medium density family" that were within 500 feet of properties that the Newsom and Peek had financial interest in, and the second, involving mixed-use designation required Peek's recusal for the same reason.

The recusals came about because of what Mayor Charles Bourbeau termed "ridiculous" state Fair Political Practices Commission regulations. While Fleishman said he agreed with the mayor's opinion, he said the recusals were necessary.

"It's important that public officials not have personal financial interest in the decisions they make," Fleishman said. "I'm trying to keep everyone on the dais in the good graces of the FPPC."

After Fleishman introduced the process, Community Development Director Phil Dunsmore introduced the item on the General Plan, thanking all across numerous departments who worked on it and calling it "not a planning document, it's a city document."

Dunsmore identified the goals of the plan being to support a mix of housing types; attract new industries and higher wage jobs; improve mobility, access, and safety; address public infrastructure needs, and ensure fiscal sustainability.

"In the final land use plan, a large portion of city was left alone, and is intended to remain that way in the future," Dunsmore said. "However, we featured intentional mixed-use projects to increase density and meet state housing guidelines."

Council questions started with Bourbeau pointing out that the meat of the General Plan process was the zoning updates done earlier this year, which will be up for approval next month. Gleason agreed and said the GP was just the framework, and the zoning updates were one of the "big implementations."

Councilmember Susan Funk asked about the approval of the EIR for the General Plan and whether it could streamline a developer's approval process.

"This EIR on a whole plan," she said. "If a developer has a project that fits the General Plan can he forgo the EIR for the project?"

Dunsmore said that can happen sometimes, but not always. "We can lean on a lot of things from the General Plan, but there’s a threshold, and we need to follow CEQA."

However, Cassidy Bewley of SWCA Environmental Consultants, who helped draft the General Plan said, "Looking at a document as broad as this, we shouldn't be limited to looking at a programmatic view. If an individual proposal comes in, they might have site-specific stuff that can’t be covered by a General Plan."

When the item went to Public Comment, Atascadero resident Geoff Auslin asked about the effect state government might have on the plan.

"You've spent money with consultants and staff to get to this point, but it seems every week, the state changes something; how updated is our plan with state changes?"

Dunsmore said most of the changes in state law are affecting the Housing Element, which Atascadero and other cities are getting ready to start on.

"We’re not aware of significant changes," he said. "State has been changing housing laws, and we’re getting ready to start Housing Element."

When the item went back to council, Newsom and Peek recused themselves for the resolutions dealing with the aspect dealing with the land close to them.

Funk immediately moved to approve Resolution A, with Mayor Pro Tem Mark Dariz seconding, and the measure passed 3-0, satisfying the requirement of a board majority.

Newsom returned for the first part of Resolution B, with Funk again moving for approval and Bourbeau seconding, and that item passed 4-0.

Peek then returned and Funk moved to approve the rest of Resolution B, with a second from Dariz, and that passed 5-0.

"We have been working on this process for years, and looked carefully at environmental and economic issues," Funk said. "We have a great plan for the city moving forward."

In other business, City Manager Jim Lewis used his City Manager Updates to address an issue concerning surveillance cameras found in certain areas of Atascadero.

Lewis directed his comments on a social media post during the week that identified a camera near El Camino Real and Curbaril Avenue. The post brought up issues of privacy and the use of Flock cameras, automatic license plate readers that can pass along private data connected to the plate.

Lewis said he stands by his comment, that city doesn’t use the Flock camera or system with it.

"Our city has had a camera in Centennial Plaza and near the pedestrian tunnel downtown, and that’s been it," he said. "Footage is viewed in dispatch and maintained locally."

Lewis also said the city is aware of a Flock camera in the Home Depot Shopping Center, a private development, that was installed by it's owner.

"The [Police] Chief [Dan Suttles] and I are not aware of other cameras in the city," he said.

As far as the camera found on Curbaril Avenue in front of Jiffy Lube, Lewis said it is a Motorola license plate reader part of the state’s vigilant system and is owned and operated by San Luis Obispo County's Sheriff’s Office to monitor license plates, and was installed "probably late 2023, early 2024."

"The Sheriff's Office retains info for a year, possibly longer if it’s part of an investigation," Lewis said. "It's only shared with state law enforcement agencies who are part of the system. No out-of-state or federal agencies have access to info. They can request it from state agencies, if it's part of investigation, but have no direct access."

While saying the camera does have legitimate public safety uses, Lewis said he understands the privacy concerns and plans to ask the Sheriff's Office to take it down. He also instructed staff to determine if there are any other cameras in town and suggested the topic be put on a council agenda sometime in early 2027.

The City Council will next meet on Tuesday, Oct. 13, at 6 p.m.