March 3, 2020 - Measure F

TOWN ATTORNEY’S IMPARTIAL ANALYSIS OF MEASURE F

Measure F would amend section 18.16.030(b) of the Ross Municipal Code which was approved by the voters in 1978 through a citizen’s initiative measure (the “1978 Measure”). The 1978 Measure limited issuance of use permits to public and private schools whose enrollment did not exceed three hundred twenty (320) students. Section 18.16.030(b) currently provides: “no use permit nor variance shall be issued for any public or private school whose total full-time and part-time public enrollment, together with the total enrollment of any affiliate school or coordinate program regularly using the same premises, exceeds three hundred twenty students.”

Measure F was placed on the ballot by a petition signed by the requisite number of voters. If Measure F is adopted by the voters, amendments to section 18.16.030(b) will take effect. If Measure F fails, the current language of section 18.16.030(b) will remain in place.

Measure F proposes to amend section 18.16.030(b) to increase the allowable number of enrolled students from three hundred twenty (320) to four hundred twenty (420) students. Measure F would apply to all public and private schools in single-family residence districts of the Town.

Measure F does not automatically increase the allowable number of enrolled students of any existing school; any increase up to the four hundred twenty (420) student limit would still require approval by the Town Council of a use permit per the Ross Municipal Code.

In order for a public or private school to obtain a use permit to establish or increase enrollment up to four hundred twenty (420) students, the Town Council will hold a noticed public hearing. The Town Council must find that the use permit would not be detrimental to the health, safety, morals, comfort, convenience, or general welfare of persons residing or working in the neighborhood of the school and that the use permit would not be detrimental to the public welfare or injurious to property or improvements in the school’s neighborhood. In granting a use permit, the Town Council may impose conditions that it believes will protect public welfare and property.

What Your Vote Means:

A “Yes” vote by a majority of those voting on Measure F means that section 18.16.030(b) of the Town’s Zoning Code will be amended to increase the allowable enrollment of any school from three hundred twenty (320) to four hundred twenty (420) students.

A “No” vote by a majority of those voting on Measure F means that section 18.16.030(b) of the Ross Municipal Code will not be amended and the allowable enrollment of any school will remain three hundred twenty (320) students.

The above statement is an impartial analysis of Measure F. The full text of the measure is included in this voter information guide.

s/ BENJAMIN STOCK
Town Attorney for the Town of Ross

ARGUMENT IN FAVOR OF MEASURE F

Over the last 100 years, Branson has been a leading academic institution in the Bay Area, educating generations of residents from the Town of Ross and beyond. Schools are shaped by their local communities, and Branson is very fortunate to call Ross its home.

As Branson looks to its second century, it strives to remain in Ross. However, the Town’s longstanding limitation on student enrollment threatens the school’s long-term viability. Due to rising operational costs and the lowest student enrollment among its peer schools, the financial sustainability of Branson is at risk without the ability to grow its enrollment.

Since 1978, Branson’s enrollment cap has been 320 students, a cap that can only be changed by a vote of Ross residents. If approved, Measure F does not guarantee Branson any increase. Measure F only grants Branson permission to apply for an enrollment increase through the Town’s public planning process, culminating in a vote of the Ross Town Council.

If Measure F is approved, the Ross Town Council would have the ability to consider a phased enrollment increase of up to 100 students to enable Branson to:

• Accept additional applicants, including from Ross;
• Attract and retain great teachers by offering competitive salaries;
• Enhance partnerships with Ross organizations and residents;
• Maintain tuition at levels comparable to other peer schools;
• Create a more diverse student body;
• Continue to offer a variety of excellent programs.

Branson is committed to growing responsibly and preserving the quality of life for Ross residents. The school will add new bus routes and other measures to keep traffic to campus net neutral.

Please provide Branson the opportunity to apply for an enrollment increase with the Ross Town Council.

Vote Yes to secure Branson’s future in Ross.

Vote Yes on Measure F.

Learn more at: www.RossResidentsforBranson.com

s/ HADLEY MULLIN
Ross Resident (12 Yrs) / Principal Officer, Ross Residents for Branson

s/ PATTY TREADWELL
Ross Resident (58 Yrs) / Ross School District Leadership Cabinet Member

s/ WILLIAM CAHILL
Ross Resident (28 Yrs) / Former Ross Town Mayor and Council Member

s/ ANNE FLEMMING
Ross Resident (52 Yrs) / Former Ross Town Mayor and Council Member

s/ CHRIS MAZZOLA
Ross Resident (4 Yrs) / Head of School, Branson

REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE F

Adding 100 more students to Branson isn’t in the Town’s best interest.

Branson Traffic is already bad; expansion adds even more cars to Ross. Neighbors can’t back out of driveways; bumper to bumper parking from weekend events clogs neighborhood streets. Branson’s plan to add a bus line won’t begin to address its promise to keep traffic net neutral. An enforceable traffic plan that REDUCES traffic should be required.

Town Council: Although Branson claims the measure won’t automatically result in Council approving 100 students, Branson’s aggressive lawyers and consultants will do everything possible to achieve 100. Branson initially planned to leave Ross and enroll 1000; these plans were rejected by Strawberry because of traffic concerns. Many residents feel intimidated by Branson’s campaign; they’re reluctant to voice opposition, which could prejudice Branson against their children’s application to the school.

Size Doesn’t Matter: Branson is thriving at 320.

Financial Sustainability is achievable without expanding; IRS filings show a revenue surplus over 5 years.

Phasing is Misleading: The impact of 100 students is substantial whether added over 1 or 4 years.

Branson shouldn’t call itself a “Community School”. Ross School had only 3 students accepted this year. Branson claims expansion will allow additional Ross students yet will not formally commit to accepting more Ross School students. There’s no guarantee that future Ross students will benefit from expansion.

Please vote No on Measure F. 420 is far too many, especially without traffic plans that decrease traffic and without a formal commitment to accepting Ross School students.

s/ KELLEY REID
Former Mayor, Town of Ross; Ross resident, 33 years

s/ DAVID PETERSON
Former Ross School Board of Trustees; Ross School Foundation Endowment Founder; 51 year Ross resident

s/ PETER WAIS
Former Branson Trustee, 30 year Ross Resident

s/ THOMAS BYRNES
Former Mayor, Ross; Former Ross School Development Committee; Ross resident 46 years

s/ CHARLES GOODMAN
Former Mayor, 55+ year resident

ARGUMENT AGAINST MEASURE F

420 STUDENTS ARE JUST TOO MANY

The Town’s 1978 decision to limit school enrollment to 320 was made to allow the school to thrive while minimizing the burdens of noise and traffic on Ross and our quiet residential neighborhoods. Parking was capped; the auditorium restricted to school events; athletic facilities use was capped at the 1978 level.

Even with these limitations, Branson’s traffic and parking are currently major problems, with an estimated 1000 car trips per day; more on many weekends. Nearly 95% of Branson’s students and staff commute from out of town. Adding 100 students will exacerbate the problem, despite Branson’s promises that traffic will be “net neutral.” Only about 10% of Ross’s children attend Branson. Repeated violations of Branson’s Use Permit in terms of student enrollment and activities creates even more traffic. Safety is a major concern, particularly after a student’s recent rollover car crash on Fernhill.

Branson states it needs more students to remain competitive with peer schools. But Branson appears to be competing quite well. Applications keep increasing, and only 25% are accepted. Branson’s peers are in downtown settings where traffic is less affected by enrollment increases. Branson’s laudable goal to increase diversity could be achieved within the current enrollment. Many students cherish Branson’s small size.

Branson states it needs more students to generate revenue. But records show a revenue surplus over the past 5 years. Branson could generate an additional $2,000,000 annually with a modest enrollment increase of 40 students. Branson could increase its endowment and reserves, currently ~ $36,000,000; this is feasible given the resources of the Branson community.

PLEASE VOTE NO ON MEASURE F. 100 MORE STUDENTS IS TOO MANY. A MEASURE CAPPING ENROLLMENT INCREASE AT 40-50 COULD MEET BRANSON’S NEEDS WITH LESS BURDEN ON ROSS’S NEIGHBORHOODS.

s/ CHARLES GOODMAN
Former Mayor, Town of Ross

s/ DAVID L PETERSON
Former Ross School Board Trustee

s/ PETER BARRY, MD
Former Mayor, Town of Ross

s/ PETER WAIS
Former Branson Board Member

REBUTTAL TO ARGUMENT AGAINST MEASURE F

40, 75 or 100 students. A final decision on the number of students will be determined during a public process before the Ross Town Council should Measure F be approved.

Measure F simply grants Branson permission to apply to the Town of Ross for a phased enrollment increase of up to 100 students. A No vote on Measure F will prohibit Branson from applying to the Town Council to add even one more student, forcing the school to examine all options, including relocation. We believe this would be a loss to our community.

A phased enrollment increase is the only long-term, sustainable path forward for Branson in Ross. The argument against Measure F contains many inaccuracies and misleading information - please see the facts on Branson’s endowment, financials, admissions trends, and traffic at: www.RossResidentsforBranson.com/facts.php

As immediate neighbors, we can speak to Branson’s diligent efforts over the years to voluntarily reduce traffic on neighboring streets through robust carpooling, buses and shuttles, and off-site parking at St. Anselm’s. Branson and its traffic engineers have developed further strategies to keep traffic net-neutral by adding a Marin bus, more carpooling and remote parent drop-offs. We believe that based on Branson’s past practices, the school will manage any growth responsibly well into the future.

Ultimately, Measure F comes down to one question: do we want to secure Branson’s future in Ross?

We do.

That’s why Branson neighbors, community leaders and longtime residents like us are coming together by voting Yes on Measure F.

www.RossResidentsforBranson.com

s/ JOHN MARTIN
Bolinas neighbor, 18 years

s/ TED WILLIAMS
Glenwood neighbor, 23 years

s/ MARGIE ELLIS
Fernhill and Solinas neighbor, 43 years

s/ DOREEN MALIN
Fernhill neighbor, 29 years

s/ ANDREW BIGGS
Fernhill neighbor, 5 years

FULL TEXT OF MEASURE F

INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS

The people of the Town of Ross do ordain as follows:

Section 1. Title.

This initiative measure shall be known as “A Citizen’s Initiative Measure to Amend Section 18.16.030(b) of the Town’s Zoning Code Related to Issuance of Use Permits for Public and Private Schools to Increase the Allowable Enrollment of Any School from Three Hundred and Twenty (320) to Four Hundred and Twenty (420) Students.”

Section 2. Findings and Purpose.

A. Findings. The people of the Town of Ross (“Town”) find and declare the following:

1. The Town of Ross has many attributes, including high-quality schools.
2. The Town is also fortunate to have elected officials, Town staff, and civic leaders who are well-equipped to review proposals that must be made to the Town including conditional use permit applications to expand student enrollment in certain private schools.
3. In 1978, in order to provide clear guidelines for the Town Council and staff when presented with use permit applications by schools located in an “R-1” residential district, the voters of the Town of Ross adopted a ballot measure to cap student enrollment for schools located in R-1 residential districts at 320 students, which is currently reflected in the Town’s Municipal Code.
4. This Initiative seeks to help ensure that the Town maintains the highest quality local school options for families in Ross, while continuing to benefit from the longstanding relationships it enjoys with these legacy educational institutions, which are essential to the continued vitality of this community.
5. This Initiative, therefore, amends the student enrollment cap for schools in an R-1 district to allow up to 420 students, as a conditional use that must be reviewed and approved by Town officials through the Town’s established processes. This Initiative does not automatically increase the enrollment cap of any existing schools in an R-1 district, and any future increase up to the 420 student limit would still require approval by Town officials of an amendment to the school’s use permit. Moreover, under the Town’s established processes, an amendment to a use permit would require - at minimum - a public hearing and an opportunity for residents to be heard, and the Town Council, based on its discretion, could either approve or deny any requested enrollment increase by making required findings.
6. Implementation of this Initiative will protect the public health, safety, and welfare, and the quality of life for the People of the Town of Ross, as set forth above.

B. Purpose. The purpose of this Initiative is to allow schools located within the Town’s R-1 residential districts to incrementally grow their student body enrollment to a reasonable level, as determined by Ross voters and with shared future planning through the Town’s established processes, to build a more vibrant and sustainable community.

Section 3. Amendments to the Town’s Municipal Code.

The voters hereby amend Section 18.16.030 (“Permitted Use”) of Chapter 18.16 (“SINGLE FAMILY RESIDENCE (R-1) DISTRICT”) of Title 18 (“Zoning”) of the Town of Ross Municipal Code as follows (new language to be inserted into the Municipal Code is shown as underlined text and language to be deleted is shown in strikethrough text; language shown in regular type reflects the existing Municipal Code text and is provided for informational/reference purposes only):

18.16.030 Permitted use.

1. Uses permitted without use permits are: single family residences and accessory uses including residential second units considered ministerially without discretionary review, transitional housing, supportive housing, private garages, greenhouses, terraces, arbors, barbecue pits and shelters, tool sheds, swimming pools, private stables (on sites of at least one acre), tennis courts (daytime use), screening walls, fences, driveways, walkways, and home occupations, subject to the requirements of Section 18.12.180.
2. Uses permitted but requiring use permits are: public and private schools and accessory residences for school faculty and staff, parks, churches and religious institutions, nonprofit social and recreational clubs, residential care facilities, guesthouses and caretaker units, home businesses, public buildings, private stables (on sites of less than one acre), and nighttime use and lighting of tennis courts; provided, that no use permit nor variance shall be issued for any public or private school whose total full-time and parttime public enrollment, together with the total enrollment of any affiliate school or coordinate program regularly using the same premises, exceeds three four hundred twenty (420) students.

Section 4. Implementation of this Initiative.

A. Upon the effective date of this Initiative, the provisions of Section 3 are hereby inserted into the Town of Ross Municipal Code.

B. Upon the effective date of this Initiative, the Town is directed to promptly take all appropriate actions needed to implement this Initiative, including but not limited to taking any administrative steps necessary to update any and all Town maps, figures, and any other documents maintained by the Town so they conform to the legislative policies set forth in this Initiative. This Initiative is considered adopted and effective upon the earliest date legally possible after the Elections Official certifies the vote on the Initiative by the voters of the Town of Ross.

Section 5. Effect of Other Measures on the Same Ballot.

To ensure that the intent of this Initiative is not frustrated, this Initiative is presented to the voters as an alternative to, and with the express intent that it will compete with, any and all voter initiatives or Town-sponsored measures placed on the same ballot as this Initiative and which, if approved, would regulate allowable land uses with respect to school enrollment in any manner whatsoever (each, a “Conflicting Initiative”). In the event that this Initiative and one or more Conflicting Initiatives are adopted by the voters at the same election, then it is the voters’ intent that only the measure which receives the greatest number of affirmative votes shall control in its entirety and said other measure or measures shall be rendered void and without any legal effect. In no event shall this Initiative be interpreted in a manner that would permit its operation in conjunction with the non-conflicting provisions of any Conflicting Initiative. If this Initiative is approved by the voters at the same election, and such Conflicting Initiative is later held invalid, this Initiative shall be self-executing and given full force of law.

Section 6. Interpretation and Severability.

1. This Initiative must be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If any section, sub-section, sentence, clause, phrase, part or portion of this Initiative is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this Initiative. The voters declare that this Initiative, and each section, sub-section, sentence, clause, phrase, part or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases, part, or portion is found to be invalid. If any provision of this Initiative is held invalid as applied to any person or circumstance, such invalidity does not affect any application of this Initiative that can be given effect without the invalid application.
2. If any portion of this Initiative is held by a court of competent jurisdiction to be invalid, we the People of the Town of Ross indicate our strong desire that: (i) the Town Council use its best efforts to sustain and re-enact that portion, and (ii) the Town Council implement this Initiative by taking all steps possible to cure any inadequacies or deficiencies identified by the court in a manner consistent with the express and implied intent of this Initiative, including adopting or reenacting any such portion in a manner consistent with this Initiative.
3. This Initiative must be broadly construed in order to achieve the purposes stated above. It is the intent of the voters that the provisions of this Initiative be interpreted or implemented by the Town and others in a manner that facilitates the purpose set forth in this Initiative.

Section 7. Amendment or Repeal.

The provisions of this Initiative and the amendments to the Town of Ross Municipal Code that it adopts can be amended or repealed only by a majority of the voters of the Town of Ross voting in an election held in accordance with applicable law. The text of existing provisions of the Town of Ross Municipal Code that are quoted in this Initiative but not modified herein are not subject to this Section. \SR #4830-5345-8856 v1