The Santa Clara City Council gave the thumbs-up to a police surveillance contract that several public members characterized as a dragnet, but failed to approve the funding for it.
At its most recent meeting April 7, the council returned to an item that previously failed to pass muster. A five-year $2.8 million contract with Peregrine Technologies, Inc. came up previously but was unable to get the requisite five votes needed to get it pushed through.
Council Member Kevin Park, who was the lone dissenter who blocked the contract originally, called the item being heard a “miscarriage of justice” that “smacks of corruption.”
At the last meeting, Council Member Karen Hardy moved to reconsider the item despite being on the losing side of the vote, which the city’s charter prohibits.
The dispute over the contract surrounded privacy and data sharing, which the contract emboldens the police department to collect with wider authority and more granular detail.
However, Lt. William Lutz, with the Santa Clara Police Department, assured the council that a series of rigorous checks and balances exist to ensure data is handled responsibly.
“Overall, the system operates within a framework designed to ensure accountability, oversight and responsible use,” he said.
But not everyone was convinced.
Jay Ess, a member of the public, said the contract makes it legally impossible for the city to ensure accountability, capping liability and turning over too much authority to Peregrine.
“This is not a partnership. It is a lopsided extraction of public resources,” he said. “We are essentially signing a contract that grants federal agencies access to our data while leaving Santa Clara residents to foot the bill for any legal fallout … You are trading your power of oversight for a black box you can never legally open.”
He wasn’t alone, with many pointing to Peregrine’s roots in the shadowy Palo Alto-based company, Palantir.
Bob Somers said the contract will “create fear” with a “panopticon effect.”
“Our nation has taken a hard turn toward authoritarianism. I do not trust Peregrine’s billionaire investors and former Palantir executives,” he said. “They will happily lie to you and sell all your personal data down the river just to get your $2.8 million.”
Kimberly Woo, another public commenter, called the contract a “dystopian world of state-sanctioned violence and over policing.”
Still, not everyone opposed the contract.
As he had previously, mayoral candidate David Kertes said he was “100% confident in the system.”
In a 4-2 vote, the council approved the contract, with Council Member Raj Chahal and Suds Jain abstaining. Mayor Lisa Gillmor and Council Members Kelly Cox, Albert Gonzalez and Hardy voted yes. Park left the dais for the vote. The vote to approve the budget amendment failed with the same votes, needing five votes to pass.
City Manager Jovan Grogan said the city would look for money within the police department to fund the first year of the contract and return to the council in subsequent budget years for additional approval.
Planning Commission Decision Upheld
The council also upheld a planning commission decision to allow an addition to a single-family home.
Afshan Hamid, the city’s community development director, told the council that the existing two-story, 2,000 sq. ft. single-family residence with a 500 sq. ft. attached garage aims to add 680 sq. ft. to the first floor and 282 sq. ft. to the second floor.
In a narrow 4-3 vote, the planning commission upheld city employees’ decision to permit the addition to the 7,351 sq. ft. lot, located on a very-low-density, single-family residential lot at 2892 Mesquite Drive.
Hamid said the applicant meets design standards to add a guest bedroom, office and extend the master bedroom and that the plans are consistent with the general plan.
The council upheld the planning commission’s decision in a 6-1 vote, with Park dissenting.
Paid Downtown Parking Nixed
The council also shot down city employees’ recommendation to pursue paid parking downtown at Franklin Mall.
Following a request by Council Member Suds Jain to explore paid parking at the city’s convention center and downtown, city employees returned with a proposal.
The item was born out of Jain’s concern that property owners in the Franklin Mall were not paying their fair share for the upkeep of the public area. Since the city cannot force the businesses to pay more, the city is left holding the bag on maintenance costs, leaving it to seek revenue elsewhere.
But the council didn’t like the look of what was proposed, shooting it down in a 6-0 vote. Mayor Lisa Gillmor needed to recuse herself because she owns property in the mall.
Turf War
Finally, the council approved another consent item pulled for discussion.
Council Member Kelly Cox pulled a $1.6 million contract for turf at Levi’s Stadium, saying she would like more oversight on big-ticket items such as this.
Gillmor agreed, questioning why the company, West Coast Turf Supply, would need an extension in case bidding on the project takes longer than anticipated, given it has roughly two years until the contract’s expiration. She said the explanation “makes no sense.”
But the rest of the council disagreed, with only her and Cox dissenting.
Consent Calendar Spending
The council approved the following spending in one motion via the consent calendar:
- Six $350,000 contracts, for a total of $2.1 million, with Engineering Corp, CTE Cal, Inc., ISI Inspection Services, Inc., Ninyo & Moore Geotechnical and Environmental Sciences Consultants, Signet Testing Labs, Inc., and Twining, Inc. for on-call materials testing and special inspection services.
- Six $1.6 million, three-year contracts, for a total $8 million, with 4Leaf Inc., Consor North, America, Inc., CSG Consultants, Swinerton Management & Consulting, and Zoon Engineering, each with an initial maximum compensation amount of $1,600,00, to perform on-call construction management and inspection services
- An $250,000 extension to an agreement with Bear Electrical Services, on a month-to-month basis, not to exceed six months. The total contract is not to exceed $2.02 million.
The next regularly scheduled meeting is 7 p.m. Tuesday, April 14 in the Council Chambers at City Hall, 1500 Warburton Ave. in Santa Clara.
Members of the public can participate in the city council meetings on Zoom at https://santaclaraca.zoom.us/j/99706759306; Meeting ID: 997-0675-9306 or call 1 (669) 900-6833, via the City’s eComment (available during the meeting) or by email to PublicComment@santaclaraca.gov
Contact David Alexander at d.todd.alexander@gmail.com
Previous City Council Meetings:
Gaps in Council Procedure Spark Heated Debate
Police Surveillance Hot Topic for Santa Clara City Council
Stadium Budget Item Highlights Capital Needs
