5,214 / 63.1% Yes votes ...... 3,054 / 36.9% No votes

See Also: Index of all Measures

This measure, if approved, adopts an ordinance that amends the City's General Plan Land Use, Circulation, Housing, Open Space/Conservation, Safety, Noise, Economic Development and Growth Management Elements and provides land use designations that generally define the permissible type and scope of development in the Franklin Canyon area, as defined. It will delete from the General Plan the language requiring preparation of a specific plan with design guidelines, a planned development plan, a design review permit, an environmental impact report and a subdivision tract map for the Franklin Canyon area, but may preserve some or all of those requirements depending on the nature and extent of future development that is proposed.

The measure would require the City to meet State housing requirements within City limits but outside the Franklin Canyon area to the maximum extent practicable, and subject to specific criteria if the Franklin Canyon area must be used to meet those requirements. It prohibits the City from withdrawing from the Briones Hills Agricultural Preservation Area without voter approval and subjects subsequent annexations of property from within that area to the terms of the measure. It establishes a forty acre minimum parcel size with one single family residence per parcel, "development envelopes" and maximum aggregate floor area ratios subject to certain exemptions and expansions.

This measure allows, defines and limits the permissible land uses within the Franklin Canyon area to single family residential uses, rental of rooms, agricultural uses, small scale animal facilities, commercial uses, institutional and other defined nonprofit and public uses confined to meeting the needs of residents of the Franklin Canyon area. It defines and provides restrictions on wetland and riparian corridors, critical wildlife habitat, steep slopes, ridgelines and hilltops. The measure includes policies for establishing visibility of structures as well as setbacks, grading, excavating, filling, landscaping, lighting, building height and lot line adjustments.

The measure provides general policies for imposing conditions on certificates of compliance and requires certain deeds to include restrictions requiring future development to comply with the ordinance. It will exempt parcels, developments, structures and uses that are legal within the Franklin Canyon area as of its effective date except to the extent requested changes to such parcels, developments, structures and uses are inconsistent with the ordinance. It generally requires consistency between its terms and the City's General Plan, related ordinances and development entitlements.

Alfred Cabral, City Attorney, City of Hercules

Measure M was put on the ballot by over 1,800 Hercules residents and is endorsed by the Sierra Club, Greenbelt Alliance, California Native Plant Society, Friends of Franklin Canyon and many other responsible organizations and community leaders.

Franklin Canyon is the most critical remaining open space area in Hercules. Out-of-town developers have applied to bulldoze its scenic trees and hillsides and to fill in its valleys in order to build one of the largest developments ever proposed here.

The Environmental Impact Report states that the proposed development will:

o require more than 11 million cubic yards of grading and fill;

o destroy more than 3000 trees;

o add nearly 7,000 car trips per day to already congested city streets and highways; and

o not even pay for itself -- requiring tax subsidies from other residents to provide city services.

With freeway access for Franklin Canyon available only through eastbound Highway 4, cut-through traffic on Refugio Valley, Redwood, Sycamore, and San Pablo will become intolerable.

Measure M will prevent a potential tragedy from becoming a reality.

Measure M

o guarantees zoning protection for undeveloped Franklin Canyon land south of Highway 4;

o prevents development on ridges, steep hillsides and along streams;

o protects habitat for rare and endangered plants and animals;

o preserves outdoor recreation opportunities for Hercules residents; and

o ensures that environmental safeguards can only be changed by the voters, not by the City Council under the influence of powerful developers.

Measure M preserves the natural beauty and quality of life in Hercules for current and future generations. Once it's gone, it's gone forever.

Vote YES on Measure M.

Visit http://www.SaveFranklinCanyon.com

Jeffra Cook, Friends of Franklin Canyon

David Keeports, President, Homeowner's Association

Steve Kirby, President, Homeowner's Association and Sierra Club officer

Reverend Phillip (Phil) Lawson, President, Hercules NAACP

Melinda Manzo, former Hercules Planning Commissioner

Proponents of Measure M are using information from an outdated Environmental Impact Report to try and convince us to vote for the Measure. However, if this issue had gone through the public review process, then their misinformation would have been caught early and the citizens of Hercules would be able to debate the relevant issues surrounding the Franklin Canyon Hills.

Their argument focuses on misinformation about Franklin Canyon, ignoring the true consequences of Measure M:

o Passage of this poorly written initiative will result in nearly $100 million in lawsuits. Considering the City's budget is $10 million, it could force the city into bankruptcy.

o Measure M will take millions of dollars from our city's coffers which now pays for police, fire, and recreation services.

o Measure M is designed to provide 40-acre estate homes to be developed in Franklin Canyon for the ultra-wealthy who will contribute little to our local economy or our community.

o Measure M mistakenly includes land outside of the Franklin Canyon Hills, opening up the City to additional lawsuits.

The true economic costs of Measure M are huge. But Measure M also stops the building of hiking trails and a large park for all residents of Hercules to enjoy. Measure M will put the Franklin Canyon Hills out of reach, and off limits to the people who live in Hercules. Measure M is a bad idea. Please Vote NO on Measure M.

CAROL WHITE, Hercules Resident/Businesswoman

JOHN TROUGHTON, Hercules Resident/Businessman

DEBRA LONGWOOD, Hercules Resident

But, Measure M is corrupting that public process. Rather than study the issue, and hold public hearings where economic and environmental impacts could be reviewed, the small group behind Measure M has chosen to use political consultants rather than environmental consultants in order to ramrod this scheme into Hercules.

And while it is disappointing that the group refused to involve the public in their plans for our city, the larger problem is that Measure M will unleash negative economic and environmental consequences in our community.

Measure M:

o by-passes the state-required environmental review process designed to protect endangered species and habitat.

o limits anticipated increases in property values for local homeowners.

o mistakenly prohibits development outside of the Franklin Canyon Hills on commercial land already planned for development.

o prevents the building of one of Hercules' largest public parks and hiking trail systems.

o prevents the planned construction of the new fire station in Franklin Canyon.

Everyone wants to protect Franklin Canyon. But Measure M is an example of how unintended consequences can destroy an otherwise noble endeavor. It's also an example of why we should not intentionally undermine our community's environmental and economic review processes.

Certainly, the legal, economic and environmental problems with Measure M would have been discovered and amended through our community's public planning process. Yes, the public review process may have taken longer. But in the end, Hercules would have a solid plan for protecting our environment while protecting our community.

Please help protect our environment, our economy and our community's integrity by Voting NO on Measure M.

John Troughton, Hercules Businessman

Carol J. White, Hercules Resident/Businesswoman

Debra Longwood, Hercules Resident

Edward Brazil, Lifelong Franklin Canyon Rancher

Measure M:

o complies with ALL state-required environmental review processes. It is endorsed by Sierra Club, Audubon Society, and California Native Plant Society. Who do you trust to protect endangered species and natural habitat, developers or respected conservation organizations?

o INCREASES property values for Hercules residents. Homes near open space have more value, not less. Preventing development of Franklin Canyon will increase the quality of life in Hercules and thereby increase homeowner values.

o makes NO mistakes about which land to protect. Measure M protects the unspoiled, undeveloped land south of Highway 4 in Hercules. County land, outside the city limits, is under jurisdiction of Contra Costa County.

o specifically allows public parks, trails and outdoor recreation in Franklin Canyon. That is one of its main purposes.

o also specifically allows fire stations and other public facilities that are needed in Franklin Canyon.

Measure M was carefully written by community leaders who have studied the Franklin Canyon issue for years. It was placed on the ballot by the citizens of Hercules. Measure M will prevent 7,000 additional car trips PER DAY from being added to our city streets and highways, and it will protect the beautiful hills and open spaces of Franklin Canyon for current residents and future generations.

Please Vote YES on Measure M.

Frank Bianchi

Dan Romero

Sharad Pandya

Charleen Raines

Gregory Lewis