Council Rejects Geldert Drive Fence Appeal, Launches MarWest Undergrounding

A backyard fence on Geldert Drive consumed nearly an hour of the Tiburon Town Council's Sept. 16, 2026, meeting and ended with the council siding with its Design Review Board. The council also started the formal process for a 40-parcel MarWest utility undergrounding district, putting $132,800 in town reserves at risk over objections from Esperanza neighbors. Across both debates, the council drew the same line: design review and district formation decide the big questions, and the details come later.

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• Geldert Drive fence appeal denied; drainage and landscaping concerns are deferred to building-permit review
• MarWest undergrounding advances 4-0 with a $200,000 capital budget amendment and a $132,800 reserve transfer
• Esperanza homeowners call the district a "vanity project" and say they were never consulted
• $100,000 private drainage pilot floated; the mayor wants proof of the problem first
• $349,024 storm drain lining contract awarded, coming in under the $360,000 engineer's estimate

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Six to Eight Feet of Backyard, One Long Hearing

The basics: The appeal challenged the Design Review Board's approval of a relocated fence and retaining wall at 85 Geldert Drive. The council heard the case de novo, meaning it reviewed the project fresh rather than only checking the board's work. Staff said the project is exempt from the California Environmental Quality Act under Section 15303.

Where things stand: A 1991 approval allowed a 6-foot wood fence near what was assumed to be the property line. That fence fell in 2024 and was rebuilt without a permit. A survey then showed the true line sits 6 to 8 feet behind it.

The board rejected an earlier version in August 2025, which proposed a 7-foot fence on a 3-foot wall and needed a variance. On Aug. 6, 2026, the board approved an amended plan 4-0, with one member absent. The approved plan allows a 6-foot fence over a wall up to 3 feet, plus a 7-foot, 12-foot-long section near 6 Wilkins Court that requires a variance.

Applicant Vince Accurso said the reason for the move was simple: "we want to use our entire property." He said he is open to working with the neighbors to preserve the oleanders.

The other side: The appellants, the Candell family at 95 Geldert Drive, raised concerns about drainage, landscaping, views and access. They asked for drainage drawings and protection for the oleander hedge they say holds the slope.

"We need the town to require a landscape and irrigation plan as part of the approval of this project," the appellant said.

A public commenter identified as Brian asked that 27 pages of the appellants' slides be entered into the record. He also said the resolution's conditions referenced the wrong plans and dates.

Staff acknowledged that lattice language in two of the board's findings was carried over in error. "It looks like that was an error, which I do apologize for," said a planning staff member.

Decisions and stakeholder impacts: Mayor Jon Welner called "resolving appeals is the Council's least favorite task." The council deferred to the board's judgment. Councilmember Jack Ryan said, "So I don't see how I can make a finding to overturn the appeal."

The motion to deny the appeal passed. It included an amendment from Councilmember Alice Fredericks to clarify the record. Fredericks, Ryan and Welner voted yes. Councilmember Holli Thier's vote was not confirmed in the available record. Vice Mayor Isaac Nikfar was absent.

Staff said a drainage plan is a building-permit requirement. Staff may notify neighbors when those plans are filed. Thier told the appellants, "just because they're not part of this application doesn't mean that you don't have a voice in the future."

The applicants get their fence. The Candells must now rely on permit review and private talks over the oleander hedge.

What's next: Staff will return at the next meeting with a resolution that also corrects the errors in the findings.

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MarWest Undergrounding: Neighbors Vote, Town Fronts the Cash

Why it matters: The council took seven actions to begin designing a 40-parcel district along Mar West, Las Lomas Lane and Esperanza. If the district forms, property owners could face assessments financed through a 20-year bond. If it fails, the town eats the costs.

Where things stand: Staff reported 28 certified petitions representing 55.63% of the district's land area, plus $67,200 in owner deposits. The council lifted an undergrounding moratorium in April 2025. In January 2026, it set a streamlined framework requiring deposits of one-third of the preliminary cost.

The approved package includes:

• A resolution of intention with a preliminary boundary map
• A not-to-exceed $113,312 engineering agreement with CSW ST2
• Future design agreements with PG&E, AT&T and Comcast
• Creation of Fund 431 and acceptance of the deposits
• A $132,800 general-fund reserve transfer and a $200,000 capital improvement plan amendment
• Stradling as bond counsel

The engineer estimated about six months of design work. Town Manager Greg Chanis was direct about the risk: "If, however, the district does not ultimately move forward for any reason, any cost incurred to the town up to that point would not be recoverable." Staff put that exposure at about $140,000 to $150,000.

District chair Erin Giacoppo said neighbors have worked on the effort for 3.5 years and the votes are there. She offered to talk with concerned neighbors about offsetting their costs.

The other side: Esperanza homeowner Greg Finch said no one consulted his household. He called the district a vanity project and said PG&E should maintain its own utilities. Karen Kootani said her family never received notice and that she opposes the project wholeheartedly.

On the dais, Thier said, "I don't believe that private residents should be paying for the undergrounding of PG&E infrastructure." She still voted yes and urged neighbors to negotiate offsets.

Decisions and stakeholder impacts: Fredericks framed the issue around safety: "the worries about evacuation become even more real, and they are also related to the dangers of utility wires overhead." Ryan offered a civics argument: "sort of voting to tax yourself is kind of what America does."

All seven actions passed. For: 4 (Welner, Fredericks, Ryan, Thier). Against: 0. Absent: 1 (Nikfar).

Proponents gain momentum. Dissenting households face possible assessments. Town taxpayers carry the downside if the district stalls.

What's next: Design begins. Welner said, "I think the key is that this process leads to a vote." That vote will be a weighted property-owner ballot.

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Should Taxpayers Help Fix Private Drains?

Where things stand: Public Works Operations Manager Patrick Kerslake pitched a pilot program, for example 12 months with $100,000 total. It would cover up to 50% of costs, capped at $25,000 per project, for private culvert and drainage repairs. "The purpose of the pilot program that we're discussing tonight is to provide financial assistance for drainage improvement projects located on private property that provide a demonstrated public benefit," Kerslake said.

Owners would be reimbursed only after permitted work is completed and inspected. Ongoing maintenance would remain private. Kerslake said Marin County started a similar pilot in 2019 and made it permanent. "It's really reduced a lot of the private drainage disputes or failures that have occurred," he said.

The other side: Welner backed the concept but called it premature. "In order for us to allocate funds, even for a pilot project, we need to have a sense of the scope of the problem and what we're trying to fix," he said.

Fredericks asked about eligibility triggers. She also questioned "whether this is really a test pilot or something we're going to approve until it's disapproved." Staff and the town attorney noted that the alternative, nuisance abatement, is slow and depends on the facts of each case.

Decisions and stakeholder impacts: Thier argued the program "also will in the long run save money for the town." Ryan endorsed an "ounce of prevention is worth a pound of cure approach." Chanis conceded the hard part: "Measuring success is essentially measuring things that didn't happen."

The council took no vote.

What's next: Staff will return with data on the scale of the problem and the county program's results.

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Storm Drain Lining Comes in Under Estimate

The council authorized a $349,024.31 contract with Southwest Infrastructure Inc., with up to 10% in change orders. The contract covers trenchless lining of 10- to 40-inch corrugated metal pipes at eight locations, including Blackfield, Karen Way, Tiburon Boulevard and Paradise Drive. Two bids were opened Aug. 13, 2026, against a $360,000 engineer's estimate. Total project cost is about $415,800 over two years, against $500,000 budgeted for FY27.

Fredericks asked whether the work would ease flooding at Beach Road and Tiburon Boulevard. Public Works staff said it would not. Instead, a large trash capture device with a new flap gate, backed by a roughly $600,000 Caltrans grant, is planned for next summer. A pump station would cost millions and is not on the agenda.

Fredericks moved approval. The motion passed with Nikfar absent.

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Minor Items

• Tourism district renewed: FY 2026-27 assessments on Tiburon's two lodging businesses passed 4-0 with no protests and no town cost.
• Gold Beacon Award: The Institute of Local Government gave Tiburon a 2026 Gold Level Beacon Spotlight Award, up from silver in 2025. Chanis thanked sustainability coordinator Grace Ledwith.
• Paving complaints: Tim Metz said Reedland Woods Way has not been paved since 1996. Jerry Britell said her husband fell on a lower Central West pothole and went to the emergency room.
• Clerk promoted: The conflict-of-interest code update passed 4-0 and recognized the town clerk's promotion to assistant town manager.
• CC4 approved with recusal: Thier recused herself from the consent item, and it passed. The rest of the consent calendar also passed.

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Looking Ahead

The corrected Geldert Drive resolution returns at the next meeting. The drainage pilot comes back once staff quantifies the problem. The town manager is away until Oct. 5.