October 27, 2005

Residents concerned that development will ruin New Almaden’s charm

City, county officials meet with residents to discuss issues

By Jeanne Carbone Lewis
Staff Writer

One hundred residents packed the New Almaden Community Club last week to discuss with city and county officials hotly debated issues regarding land and property use.

The historic house at 21641 Almaden Road owned by Richard Soukoulis has been red-tagged four times, but residents say he continues to work on the house despite the warnings.

Rumor and speculation about development have persisted for years among the enclave’s residents—many who have lived in the area for decades. Several longtime residents want the area to maintain its historic charm while some newcomers wish to develop the area with new, “monster” homes that would require updating the area’s infrastructure.

The mood surrounding this issue has gotten so tense that one long time resident expressed concern that "someone might get hurt if the issues are not resolved soon."

Complicating the issue is that some land in this jurisdiction lies within both county and city lines. The large homes being built on Upper Bertram Road are in the jurisdiction of the city of San Jose, while the rest of Bertram and Almaden Road are unincorporated and under Santa Clara County authority.

Many residents are frustrated with what they refer to as “the lack of response” from the government. Cries of “it’s all about the money” were heard from the floor about the development that is taking place on the hills above New Almaden.

Hostile confrontations between New Almaden residents and landowner Richard Soukoulis and his workers have been reported. One such incident even led to the arrest of a resident who has lived in New Almaden all of his life.

Specifically, the questions the residents wanted answered were about Bertram Road, an old bridge, the historic house at 21641 Almaden Road that is covered in black tarp, and of any proposed water line through Bertram—all county issues. The city issues concerned the development of homes on Upper Bertram Road, the removal of 1,000 trees, landslides, grading and bulldozing permits.

“I am thrilled that so many people came,” said New Almaden Community Club Boardmember Kitty Monahan. “We had a lot of issues and we didn’t solve them all but now, instead of rumor and innuendo, we are getting the facts. We are pleased with the city and county’s response and look forward to answers.”

County issues
Responding to county concerns were District 1 Supervisor Don Gage’s office land use and planning policy aide Rachael Gibson. Transportation and environmental policy aide Edwin Chan. Dan Collin of the County Roads and Airports Department was also in attendance.

“We are working with Nancy Pyle’s office to address some of these long-standing issues in this community,” said Gibson in regards to the problems in both jurisdictions. “The larger issue is the long term development of this community.”

The New Almaden Community Club was packed with interested residents over land use and development issues.Photos by Jeanne Carbone Lewis

“The facts are that the historic house on Almaden Road has been red-tagged four times and the owner works through those stop-work orders. It is against the law and we are taking legal action,” according to Gibson, who was interrupted by an audience member stating “you have the right to have a deputy sheriff go over and stop the operations!” and “the dot-commers are taking over!”

Gibson went on to say that they were pursuing a coordinated effort through the county council and the district attorney’s office to proceed. She stated that two red flags had also been posted on the 6,000-square-foot house being built on the Upper Bertram Road property and said the county would move quickly on that issue as well. Both properties are owned by Richard Soukoulis, who also attended the meeting.

Gibson also said that there were a total of five parcels in the Upper Bertram/Cinnabar Hills Road area: one that is in the process of applying, another recently approved, one under construction and two which are undeveloped.

Residents also wanted to know who is responsible for the maintenance of Bertram Road. The residents have repaired the road themselves in the past, but say there are currently an estimated 150 potholes in the street. Residents also requested speed signs, children playing signs and possibly even speed bumps.

Chan addressed the Bertram bridge issue. According to a witness, it was damaged by a construction truck en route to the Soukoulis building site on Upper Bertram Road (also known as Cinnabar Hills Road). However, efforts to prove this were unsuccessful. Chan stated that the repair should be completed in a week with the county footing the bill. A resident who had lived in the area stated that the bridge had been built in 1956 as a temporary bridge and that the county never built a permanent structure. Chan said he would research that issue.

Chan also stated that there was an application for approval to widen Upper Bertram Road and that the person who filed the petition seemed to have lost interest. But according to Chan, the individual’s attorney was still pursuing the issue.

Several residents stated they have been served with complaints for alleged encroachment by Soukoulis’ attorney regarding the county possibly enlarging Bertram Road. It appears that several properties on Bertram overlap onto the county-owned road. The county plans to visit the site with the fire marshal and evaluate access for emergency vehicles. Chan also noted that to widen the road would call for the removal of fences from homes at the intersection, leaving homeowners with structures in close proximity of the widened street.

Deputy Director of Roads and Airports Dan Collin also stated that despite rumors, no application has been filed at this time for a water line in the area of Bertram Road.

City issues
Responding to city issues were District 10 Councilmember Nancy Pyle’s Chief of Staff Lee Wilcox, San Jose’s Department of Public Works Director Katy Allen, and San Jose’s senior engineer Michael Lewis, along with inspector Andrew Turner.

Allen answered questions regarding the building of a 6,000-square-foot home on Soukoulis’ 20 acres on Upper Bertram Road/Cinnabar Hills Road and said it does have the necessary permits.

The New Almaden Community Club meeting begins with remarks from District 1 Supervisor Don Gage and land use and planning representative Rachael Gibson [standing]. Seated from left, New Almaden Community Club boardmembers Bill and Jan Jones, county transportation and environmental representative Edwin Chan, Department of Public Works Director Katy Allen, District 10 Councilmember Nancy Pyle’s Chief of Staff Lee Wilcox and New Almaden Community Club Boardmember Kitty Monahan.

Residents were also concerned about the removal of 1,000 trees, possibility of landslides, grading permits and bulldozing being done on weekends and at all hours on the property. Residents want an environmental hazard study of the hillside in question done. City officials were not prepared to answer questions regarding this or the possibility of landslides, whether grading permits had been obtained or regarding the removal of the trees at this meeting. However, they did say that the removal of trees is allowed if they are less than 18 inches in diameter, but residents question the environmental impact of thinning and grading the hillside property. They also said that the grading permit allows bulldozing only between 8 a.m. and 5 p.m. Monday through Friday, which residents said had not been complied with.

“This is a witch hunt!” claimed Soukoulis about an hour into the meeting. “I’ve owned the property since 1989. This is an inquisition. This isn’t a representation of the whole community.”

Soukoulis does have supporters who believe that new development in New Almaden will be positive for the community. Thirty-two year resident Bobby De Herrera said that since there have been problems for years on Bertram Road, and it needs upgrading.

Gillian Altieri said she wishes the county would fine any absentee landlord who allows their property to become an eyesore. And she also said she hopes that the county will repair Los Alamitos Road, which became a one-lane road after the other lane slid into the creek years ago.

“What we need is collaboration between the city and county,” said Mike Boulland who has restored two of the historic district houses on Almaden Road. “No one has ever told us the general plan for the area. I’d like to see a solution—put a plan together so we all know what it is and then post it.”

The city and county officials agreed and said that they plan to design a strategy next year. Right now they are researching plot maps, permits, road and bridge repairs by delving into both county and city records and researching various department’s policies to address the resident’s immediate concerns.

“We [held this meeting] to give the facts of the development that is taking place,” said District 10 Councilmember Nancy Pyle’s Chief of Staff Wilcox. “There was a lot of misinformation and we needed to present the facts. This is our first go round. We need to stay in communication with Don Gage’s office and the residents and work more collaboratively.”

The next meeting will be held at the New Almaden Community Club on Nov. 17.