The Campbell Reporter

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Day laborer issue sparks amendment

By Cathy Weselby

Some Campbell business owners are bothered by a recent change to the city's nuisance ordinance.

The amendment, which was unanimously approved by the council on Jan. 15 and goes into effect in March, now cites property owners for disturbances by other individuals. Prior to the amendment, only the individuals were cited for disturbances.

The driving force for the change was in response to day-laborer behavior issues around Hamilton and Salmar avenues.

Matt Francois, an attorney for Home Depot, said at the Feb. 5 Campbell City Council meeting that the ordinance is directed at all residential and business property owners, not just Home Depot.

"This broad brush application is akin to someone committing burglary in your house and you being convicted of the crime," Francois said.

He said that the day laborers standing around Home Depot is a complex issue, and that the new ordinance won't solve the problem.

"There are more narrowly targeted solutions, and this ordinance is a step in the wrong direction," Francois said.

Patric Kelly, an attorney who owns the building at 577 Salmar Ave. between Home Depot and Staples, said the issue affects the property's value.

"We have an office for rent, and real estate brokers refuse to bring potential tenants by the place because of the problem," Kelly said.

It costs him $20,000 a month in lost revenues because he is unable to rent out the space.

"We suggest that the city cede the sidewalks to us so that we can build attractive fencing around our lot," Kelly said. "The problem would disappear, and we'd be happy to pay for it."

Mayor Don Burr explained to the speakers that the council had already approved the amendment on Jan. 15 and that that night's business was merely a formality to approve the consent calendar.

Councilman Dan Furtado said the amended ordinance is one more tool that can be used with the day laborer issue.

"We have tried to work with Home Depot, and Home Depot has dragged their feet for a very long time," Furtado said.

Two leaders of Campbell business organizations who were not present at the Feb. 5 meeting also expressed their concerns about the amendment.

Chamber of Commerce president Art Low said he didn't have a problem with the ordinance with the current city council and city manager in place, "but I'm worried that in the future it might present problems with property owners and the liability that property owners might have."

Downtown Campbell Business Association president Neal Collins said the ordinance is not the solution to the problem.