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Home My WebLink About2007/06/05 Additional Information June 5, 2007 The Honorable Mayor and City Council The City of Chula Vista, CA 276 Fourth Ave. Chula Vista, CA 91910 Dear Mayor Cox and City Council Members, San Diego County has more endangered species than any county in the United States. There is a direct correlation between biological diversity and the health of an ecological system. During the Clinton Administration the Secretary of Interior, Bruce Babbitt, worked with San Diego County and its incorporated cities to address this issue by developing the Multiple Species Conservation Program, MSCP. This encouraged jurisdictions to work with developers and the environmental community to protect critical habitat and develop marginal lands. It also enabled the United States Fish and Wildlife Service USFWS and the California Department of Fish and Game CDFG to work with the jurisdictions to implement this program. Many people have spent years developing the Otay Valley Regional Park plan. The CORR event was presented to the Citizens Advisory Committee at a moments notice. The event flies in the face of the time and effort put forth by members of the community to make this park a reality. The mission of this park is to provide an opportunity for people to escape the daily stress of urban life by developing passive and active recreational opportunities. The park corridor also provides a migration route for wildlife from San Diego Bay to the Otay Mountains. There has never been any intention to allow motorized vehicular activity as a part of the park mission. It has never been mentioned before now. , The CORR event will take place on the edge of an MSCP overlay. Ultimately it is up to the discretion of the city, the USFWS and the CDFG whether this event complies with the MSCP mandate and is allowed to proceed. If the decision is made to proceed, realizing that it overrides the original intent of the agreement between the Secretary of Interior and the county jurisdictions then a precedent will be set which jeopardizes the MSCP at this site and other sites around the county. San Diego County has a great demand for off road vehicle use and very few areas are designated. The Governor's Biodiversity Council has been charged with the responsibility of resolving this dilemma in other counties in California. It has been suggested that the Council work with San County in finding acceptable sites for these activities. It is upsetting to realize that we must comply with laws and regulations and get permits which may take months in developing the park plan but all this protocol can be swept aside for a non- conforming activity like this CORR event. This inconsistency is unacceptable and should not be permitted. If there are standards that have to be met, including compatible use then so be it. The event should not be held at this site. There is a great fear that this site could become permanent. This would be a travesty and real slap in the face for all the people that have spent years setting this park up. Sincerely, Michael A. McCoy, DVM 132C11_JIII.... Imperial Beach, CA 91932 . . C~UlA ViSTA C~AMbER of COMMERCE 233 Fourth Avenue Chula Vista, CA 91910 Tel: 619-420-6603 Fax: 619-420-1269 E-mail: info@chulavistachamber.org Website: http://www.chulavistachamber.org BO~lm 01 DIII[( [OilS PHt')jdf!\J1 Charles Moore """ideN! ElFer Lourdes Valdez Viu- Pru-'"oid f- N r... Lisa Johnson Scott Vinson Chris Boyd Bob Bliss 1',"1 p,u,id'NI Dave Ruch Di'~H 10'" Lowell Billings Gary Bryant Rich D'Ascoll Brett Davis Jane Hieronimus David McClurg Tom Money ChrlstlOe Moore Jay Norris Raul Rehnborg Jerry Rlndone Ahmad Solomon Gary Sullivan SpHi,,1 I Yc"" Ben Richardson Lisa Moctezuma CEO Lisa Cohen June L 2007 Mayor Cheryl Cox Chula Vista Counellmembers City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Mayor Cox and City Couneilmembers, As many of you know, the Chula Vista Chamber is responsible for managing the cIty's Convention and VisItors Bureau. In thiS capacity, we promote Chula Vista as a destmation and help bnng milhons of dollars annually mto the local economy The Chula Vista Convention and Visitors Bureau and the Chamber of Commerce are proud to support the Championship Off-Road Racmg (CaRR) event scheduled for this Saturdav, June 9th. CaRR is an example of the type of event that the Convention and Visitors Bureau wants to bring to Chula VIsta. In fact, the race is expected to draw more than 10,000 spectators each day and generate numerous hotd room nights. The posItive economic bencfit to the City for holding these races cannot be understated. It WIlJ creatc much-needed sales and TOT revenue, hotel room nrghts, and T ,l/M~cless media exposure for Chula Vista Sincere Iv, ,~~~<:>.- c::9-~ LIsa Cohen Chief Executive Officer Chula Vista Chamber of Commerce T.1:-:-M d. /L--.- ma e ma General Manager Convention & VIsitors Bureau CHulA ViSTA CHAMbER of COMMERCE 233 Fourth Avenue Chula Vista, CA 91910 Tel: 619-420-6603 Fax: 619-420-1269 E-mail: info@chulavistachamber.org Website: htlp://www.chulavistachamber.org HO~lm Of Dill[ ( IOI~~ PIH...id~NI Charles Moore P""id'~1 ~IH I Lourdes Valdez ViCl PIH ...iell N I'" Lisa Johnson Scott Vinson Chris Boyd Bob Bliss Pi\\1 Ptn-...id~NI Dave Ruch Dil<H TO'" Lowell Billings Gary Bryant Rich D'Ascoll Brett DavIs Jane Hieronlmus David McClurg Tom Money Christine Moore Jay Norris Raul Rehnborg Jerry Rindone Ahmad Soiomon Gary Sullivan Splci,,' 1 Y'M' Ben Richardson Lisa Moctezuma CEO Lisa Cohen June I. 2007 Deputv Mavor Jerry Rindone Chula Vista Councllmembers City of Chula Vista 276 Fourth Avenue Chula Vista. CA 91910 Dear Deputy Mayor Jerry Rindone, As many of you know, the Chula VIsta Chamber is responsIble for managing the Clly's Convention and VisItors Bureau. In this capacIty. we promote Chula Vista as a destinatIOn and help bring millions of dollars annually into the local economy. The Chula Vista Convention and Visitors Bureau and the Chamber of Commerce arc proud to support the ChampionshIp Off-Road Racing (CORR) event scheduled for this Saturday. June 9th. CORR IS an example of the type of event that the Convention and Visitors Bureau wants to bnng to Chula ViSta. In fact the race IS expected to draw more than 10,000 spectators each dav and generate numerous hotel room nights. The positive economic benefit to the Citv for holding these races cannot be understated. [t will create much-needed sales and TOT revenue, hotel room nights, and T anceless media exposure for Chula Vista E'HM5 Sincerelv, ~~~~ Lisa Cohen Chief Executive Officer Chula VISta Chamber of Commerce 1:::na ~ General Manager ConventIOn & VisItors Bureau os- - 0:2... -07 rILeD c.DWL6S. The Rl Option for Owner Occupancy in the ADU Ordinance Revision Owner Occupancy will help keep RI areas stable ifan ADU is built in the neighborhood. The idea that someone would have to sell their home because they were not present to live on the property is ABSURD. Valid reasons for not being able to reside on the propel1y may include the following reasons: . Called to military duty outside of Chula Vista . Family medical emergency outside ofChula Vista that would require the owncr of the property to move outside ofChula Vista. . Job transfer Any of those reasons may seem valid but the whole idea of building an ADU in an RI zonc is to provide affordablc housing, not subsidize an income. Even if the property owner had to move the ADU or main resident could be rented, not both. Anyone that is planning on building an ADU should not depend upon the income to pay their mortgage. Again, if they did not live on the property (for whatever reason) they can still RENT eithcr the main dwelling or the ADU. If they cannot meet their mortgage obligations then they probably shouldn't have planned on turning an RI zone resident into an R2 property. Since the Owner Occupancy clause has been diluted with exemptions it might be a good idea to ensure that the loopholes cannot be exploited. An Owner Occupancy clause with exceptions should includc the following: I. The owner of the propel1y must have resided in the home for at least one year before applying for the ADU permit. (THIS WILL ENSURE THAT THE ONWER OF TIlE PROPERTY DOES RESIDE AT THE RESIDENCE). 2. The owner of the propel1y must reside in either the main dwelling or ADU for at Icast a year before applying for an exemption. (TillS PROMOTES BETTER FINANCIAL PLANNING ON THE OWNERS PART AND PREVENTS OPPORTUNIST FROM PLANNING A QUICK ADU BUILD OUT AND HA VING THEM USE THE LOOPHOLE TO RENT BOTH PROPERTIES IF THEY MOVE OUT SHORTLY AFTER THE ADU IS BUILT. 3. Limit the amount of time to 2 years. Most military deployments are about that length of time. If the deploymcnt is longer then they shouldn't expect their neighbors to bear the burden of having two rental units next door in an R 1 zoned neighborhood. Two years is plenty of time for people to figure out what they should do. Also, remember that the owner can still rent either the ADU or main dwelling while they are away. It just isn't right to impose two rental units into an R 1 zoned neighborhood because of the lack of good financial planning on the part of the propcrtyowner. Whose rights are we trying to protect here? The rights of the property owner that turned an R I neighborhood into an R2 zone? Or should we protect the numerous surrounding neighbors? 4. Inheritance - benefactors of the home with an ADU in an R I zoned area should be given a year to figure out what to do with the property. Those clauses are very generous considering that the whole idea of having an Owner Occupancy is to maintain stability in the RI zoned areas ~ again, whose rights should be protected? The best idea is to have no exemptions and close the loopholes. Loopholes are clauses that provide very clever people with a way to get around the rules. Exemptions are made to be exploited. . . ,. MICHEL DEDINA SOUTH BAY SAN DIEGO REGIONAL ALLIANCE A Better San Diego, Cula Vista, Coronado & Imperial Beach 1311 CALIFORNIA STREET IMPERIAL BEACH CA 91932-3215 (619) 575 9102 DUAl6@HOTMAll.COM In Chula Vista-- Young fellows race their cars on city streets-sometimes causing serious injuries and deaths. All of us wish that Chula Vista could find a place for young fellows to safely race their cars without getting killed or injured on city streets. However, Championship Off Road Racing is NOT the solution to that problem. CORR is a very expensive hobby that young fellows could not afford. ------------------------------------------------------------------------- 2001, Chula Vista, city of San Diego and County of San Diego adopted an overall Concept Plan for the Otay Valley Regional Park. Chula Vist~ will want to honor its agreement. The Concept Plan provides for the operations and maintenance of open space and RECREATIONAL facilities. 1990 The Policy Committee approved these goals: "The Otay Valley Regional Park will... provide... a mix of active and passive recreational activities. while protectina environmentallv sensitive areas,.... protecting cultural and scenic resources and encouraging compatibl~ ~gricultural uses in the park." 4 . . "... attention shall be focused not only on providing facilities and protecting resources, but also on adjacent land-uses to ensure compatible development, buffering, and linkages with other regional resources... .n Word REC~AnON in terms ofa park can be easily misinterpreted. It has been misinterpreted by the CAC. Let's take a moment to see what RECREATION means in terms of this or any park. In parks there is Active RECREA nON -swimming pools, soccer fields, softball, etc. Passive RECREA TI ON -bicycling, jogging, bird watching, picnicking, horseback riding, etc. Championstlip Off Road Racing is neither Active or Passive. It has no place in or around QVRP. Please adht;\fe to the agreements and turn down the Championship Off Road Racing in the vicinity the Otay Valley Regional Park. Thank you. This program models how emissions scatter over an area and how they impact individual receptors around tbat area. Usually used for Oat urban intersections. Not field validated for rough terrain. CALINE4 Model Outputs \ ~ CALINE4: CALIFORNIA LINE SOURCE DISPERstbN MODE~ .$t JUNE 1989 VERSION "i ' I\. PAGE 1 . c.<i>' , '~CJ'I ~ , N ~~~~ :~~~\ & Parking Lot am ,6# .~ .' .fl;,c."" ~ J?v 8'" .,O!' ."' POLLUTANT: Carbon Monoyide s.'" '-, ,~'') :# ;:j ~c. " . CJ ~ ;> .#> :~c. :s I, SITE, VARIABLES' ...& .x .~ ,# ~<:T tf .. wind speed' .r 49'".' 8. 4(; ~. 1 . ~ u~ l.v MIS I ZO~ 100. CM ft '.:..~ ALT~ O. 1M) \ ,\.c . ~ ~.O DEGREES VD~.O CMls' ,. \, . '1-" Q. C~~;~ "7 IG) VS~ .0 CMIS b~ t(;;;Udtobe3.9onpagelS) f.~ 8~ /MIXH~ 1000. M AMB~ .0 PPM am ten ~,- . < ~ g; ( SIGTH~ 10. DEGREES , TEMP~ 37.0 DEGREE ICI '<f'~;r.tfoSJ . ;:,.,'. &~, , ~ deviation wind speed \ q 6, & ~ . "" <f : .~...o~. .~~./ .$~ . $- LI. LINK VARIABLES \, .'#~ #~ -I' ~ ~ ~ ' @ ., LINK * LINK COORDINATES 1M) * E, H W '.;0' DESCRIPTION * Xl Y1 X2 Y2 * TYPE VPH IG/MI) 1M) 1M) ,0 \ , ----------------*-------------------------*------------------------------ A. Wiley EBLA * -150 0 0 0 * AG 5972 9.7 .0 10.0 8. Wiley EBTA * -150 -4 0 -4 * AG 0 9.7 .0 10.0 C. Wiley WBRA * 150 6 0 6 * AG 1488 9.7 .0 10.0 D. Wiley WBTA * 150 4 0 4 * AG 0 9.7 .0 10.0 ,.- E. PL 0 * 0 0 0 150 * 7460 9.7 .0 10.0 ~ ~ '\; (;"~ \~ ,('Y '\,\) ~//~~~ ~V ..)/ "2... ~~ Ill. RECEPTOR LOCATIONS * COORDINATES 1M} X Y Z RECEPTOR ------------*--------------------- * 1. 2. 3. 4. 5. 6. 7. 8, 9. 10. 11. 12. Recpt Recpt Recpt Recpt Recpt Recpt Recpt Recpt Recpt Recpt Recpt Recpt 1 * 2 * 3 * 4 * 5 * 6 * 7 * 8 * 9 * 10 . 11 * 12 * 0 -14 1.8 -20 -14 1.8 -40 -14 1.8 -60 -14 1.8 20 -14 1.8 40 -14 1.8 60 -14 1.8 -10 14 1.8 -30 14 1.8 -50 14 1.8 -10 34 1.8 -10 S4 1.8 Air QlIality Technical Report A-9 Championship Off-Road Racing Temporary Race Facility 4//7/07 dS~e varia~les ~ere used for AM and PM, whieh is dubious given u.erenees In this area. CALINE4: CALIFORNIA LINE SOURCE DISPERSION MODEL JUNE 1989 VERSION PAGE 1 JOB: Wiley & Parking Lot pm RUN; Hour 1 POLLUTANT: Carbon Monoxide I. SITE VARIABLES U~ 1.0 M/q zo~ 100. CM ALT~ O. 1M) BRG~ .0 DEGREES VD~ .0 CM/S CLAS~ 7 IG) VS~ .0 CM/S MIXH~ 1000. M AMB~ .0 PPM SIGTH~ 10. DEGREES TEMP~ 37.0 DEGREE IC) II . LINK VARIABLES LINK * LINK COORDINATES 1M) * EF H W DESCRI PTION * Xl Y1 X2 Y2 * TYPE VPH IG/MI) 1M) 1M) ----------------*-------------------------*------------------------------ A. Wiley EBLA * -150 0 0 0 * AG 0 9.7 .0 10.0 B. Wiley EBTA * -150 -4 0 -4 * AG 5972 9.7 .0 10.0 C. Wiley WBRA * 150 6 0 6 * AG 0 9.7 .0 10.0 D. Wiley WBTA * 150 4 0 4 * AG 1488 9.7 .0 10.0 E. PL 0 * 0 0 0 150 * AG 7460 9.7 .0 10.0 III. RECEPTOR LOCATIONS * COORDINATES 1M) RECEPTOR * X Y Z ------------*--------------------- 1. Recpt 1 * 0 -14 1.8 2. Recpt 2 * -20 -14 1.8 3. Recpt 3 * -40 -14 1.8 4. Recpt 4 * -60 -14 1.8 5. Recpt 5 * 20 -14 1.8 6. Recpt 6 * 40 -14 1.8 7. Recpt 7 * 60 -14 1.8 8. Recpt 8 * -10 14 1.8 9. Recpt 9 * -30 14 1.8 10. Recpt 10 * -50 14 1.8 11. Recpt 11 * -10 34 1.8 12. Recpt 12 * -10 54 1.8 13. Recpt 13 * 10 16 1.8 14. Recpt 14 * 30 16 1.8 Air Qllality Technical Report A-12 4/17/07 Championship Off-Road Racing Temporary Race Facility ~',.. ~.. CORS: c-J Indeed ~ MSCP does not have a noise threshold number for edge effects on wildlife, but Lake Tahoe does: Microsoft PowerPoint - Forum Noise Presentation BBA-10-28-05v2 File Format: PDF/Adobe Acrobat - View as HTML Tahoe Regional Planning Area (TRPA) has adopted Noise Threshold Standards. This includes single event noise .... Wilderness and Roadless Areas. 45. Critical Wildlife Habitat Areas ... Potential Supplemental Hourly Noise Level Standards Hourly Threshold Values for Land Use Compatibility Land Use Classification Day (7 a.m. to 10 p.mD.o) urty LNeqig, hdtB (10 p.m. to 7 a.m.) High Density Residential 55 50 Low Density Residential 50 45 Hote1/Motel Facilities 55 50 Commercial Areas 65 60 .,/'Urban Outdoor Recreation Areas~ 55 50 Rural Outdoor Recreation Areas -~ 50 45 Wilderness and Roadless Areas -----... 40 40 Critical Wildlifi: Habitat Areas 40 40 The Otay River is critical wildlife habitat. It is simply unacceptable to permit a mitigated noise level of75 dB. This is an unmitil!ated effect. The 78 dB ambient noise was measured at above the quarry a considerable distance away from venue and River preserve area. 68 dB was the ambient measure near the quarry weight scales in the VIP parking area. This is the closest area to the Otay River and is the figure that should be used. Blasting is irrelevant since it is not a continuous noise but a one- time disturbance recurring every few days. This should be considered unmitigated noise impact whether temporary or not. 2. It is also likely that the air quaJity threshold for CO will be exceeded. It is exceeded according to the Air Quality Report, but they try to weasel out of it by running a Hot spot analysis using CALINE4. There are problems with the CALINE hotspot study. This is a quote from the CALINE manual (http://aqp. engr. ucdavis. edu/Documents/Guide. pdf): Canyon/Bluff Mix: CA1JNE4 is based on two somewhat restrictive assumptions: /) horizontally homogeneous windflow, and 2) steady-state meteorological conditions. Complex topography can invalidate each of these assumptions. Landfeatures such as canyons can channel winds. Hills and valleys are likely to cause frequent shifts in wind direction. For these reJlSOIIS. use of CALINE4 in conwlex te"ain should be aooroached with care. CALlNE4 handles certain blu/land canyon siluationf by reflecting the plume at the distances specified on one or both sides afthe mixing zone (furner, 1970). CAUNE4 Manunl2-6 There is no indication that canyonlbluff mix was used in the print out. One wonders why this intersection, which will only have a very small percentage of vehicles, was even used in the model considering that only VIP parking will be here. All the other vehicles will be parking at the end of Energy Way? CAllNE4 also alters the vertical dispersion curve to account for vehicle-related heat flux distributed over the width of the canyon. This is especially important in the case of a narrow urban street canyon and aJso one could surmise a river valley. Wiley Road and parking lot clearly is a situation of rough terrain and is in a vaJley by the mouth of Wolf Canyon and the artificiaJ canyon created by the quarry. The figures computed for hotspot are in great doubt, since the figures reported use class 7, most stable atmospheric condition (manuaJ 2-9) and AG at grade for modeling, which does seem appropriate at Wiley and parking lot. The Atmospheric StabjJjty Class is A measure of the turbulence of the atmosphere ... (Table 2-2 provides guidance for this choice. Stability class E (or 7) represents the most stable conditions. Page 2-9) Table 2-2. Worst-case meteorological inputs for the estimation of I-hour CO concentraUons (Nokes and Benson. 1985). Wind Standard Geographic Speed Deviation Stability Temperature Time Period Location (m/s) (dew-ees) Class Adiustment' Morning Coastal 0.5 10 G (7) +5OF (6-10 am) Coastal Valley 0.5 20 G (7) +5OF Central Valley 0.5 5 G (7) +5OF , Mountain 0.5 30 G (7) +5OF Midday Coastal 1.0 25 D (4) + lOaF (10 am-5 pm) Coastal Valley 0.6 30 D (4) + lOoF Central Valley 0.5 20 D (4) + lOoF Mountain 0.9 30 D (4) + lOoF Evening Coastal 0.5 10 G(7) +5OF (5-9 pm) Coastal Valley 0.5 10 G (7) +5OF Central Valley 0.5 5 G (7) +5OF Mountain 0.5 30 G (7) +5OF Nighttime Coastal 0.5 5 G (7) +ooF (9 pm-6 am) Coastal Valley 0.5 15 G (7) +ooF Central Valley 0.5 10 G (7) +ooF Mountain 0.5 20 G(7) +ooF 'Add the temperature adjustment to the smallest mean minimum temperature observed in January over the past 3 years SOUITe: CO Prorocol. _. ~.....~---& page 2-9 A temperature that reflects wintertime conditions should be selected. expressed in degrees Celsius. Table 2-2 describes a procedure that is appropriate for worst-case 1- hour analyses. The manual also suggests using worst case figures. This does not appear to have been done. In fact the temperature that was used to run the CALINE model was 37 degrees Celsius which is 98.6 degrees F. This is totally incorrect for this location and because it is so high greatly reduced the CO emissions. They also did not include the ambient emissions, which the study text calls high and says they used, but page A-9 has 0 next to AMB (the abbreviation for ambient). Ambient Pol/utant Concentration - This measure reflects the pre-existing background level of carbon monoxide, expressed in parts per million. CALINE4 adds the pre-existing and modeled CO concentrations together to determine the total impact at each receptor. Consult the CO Protocol and the local Air Districtfor guidance. 2-9, 2-10 Since the figure entered was 0, obviously the model did not do this. It really is a very bad precedent to approve a mitigated negative declaration that still has unmitigated effects. It is also a bad precedent to allow this kind of activity and shuttling across preserve areas. The dirt roads being used will be compacted considerably by shuttling 10,000 people over them for two weekends. This is many times the yearly trips these roads normally see from maintenance vehicles each day. The hydrology report did not take into consideration the potential for increased erosion from this added compaction. It is time for the council to make a serious policy decision. Are we going to finally get a greenbelt around the city? Are we going to seriously protect our preserve areas so that wildlife will thrive and have safe corridors? if so incompatible uses should be prohibited. The quarry is an open space area in our recently adopted GPU. The restoration plan on file with the state would have the part closest to the river restored as habitat. If we are to ever have a citywide average 00 acres of parkland per 1,000 residents we carmot change any areas now zoned in the GPU for open space, community parks, active recreation and/or open space to other uses. 1* \\~~ EXPRESS' CHULA VISTA June 4, 2007 The Otay Ranch Company 610 W Ash Street, Suite 1500 San Diego, CA 92101 Dear Sir or Madam: We, at the Holiday Inn Express Chula Vista are writing this letter to support the Championship Off Road Racing that has been taking place in the City of Chula Vista for the last two years. It is a great opportunity for Chula Vista and Chula Vista businesses to host this event that attracts thousands of tourists to the city. If you need any further information, please contact us at 619-422-2600. Sincerely, Nicole Hohenstein L upe 'Macie[ Nicole Hohenstein General Manager Lupe Maciel Director of Sales 4450 Main Street, Chula Vista, CA 91911 619-422-2600/ Fax: 619-425-4605 Federalist Papers: FEDERALIST No. 10 r(O'N~l{ Page 1 of 5 f'-'lp,dirH) Fd!ilN5 '1011)<:' r.,((!,_, ~ Fed("<lii'i! Papc";:> FEDERA1..\5T No 1'1 alllII1lmB"__~_~ FEDERALIST No. 10 The_S!!me S1LI)ject Continued (The Union as a Safeguard AflaiI!~J Domesti~_fi!j;1Lol1 !!n!tLl1s_urr~tLon) From the New York Packet. Friday, November 23, 1787 J!!mes Madison Federal Government Solutions for Secure, Collaborative and Responsive Gov!. Read More www.Cisco.com To the People of the State of New York: AMONG the numerous advantages promised by a well constructed Union, none deserves to be more accurately developed than its tendency to break and control the violence of faction. The friend of popular governments never finds himself so much alarmed for their character and fate, as when he contemplates their propensity to this dangerous vice. He will not fall, therefore, to set a due value on any plan WhiCh, without violating the principles to which he IS attached, provides a proper cure for It The instability, injustice, and confusion introduced Into the public councils, have, in truth, been the mortal diseases under which popular governments have everywhere perished; as they continue to be the favorite and fruitful topics from which the adversaries to liberty derive their most specious declamations. The valuable improvements made by the American constitutions on the popular models, both ancient and modern, cannot certainly be too much admired; but it would be an unwarrantable partiality, to contend that they have as effectually obviated the danger on this side, as was wished and expected. Complaints are everywhere heard from our most considerate and virtuous citizens, equally the friends of public and private faith, and of public and personal liberty, that our governments are too unstable, that the public good is disregarded in the conflicts of rival parties, and that measures are too often decided, not according to the rules of Justice and the rights of the minor party, but by the superior force of an Interested and overbearing majority However anxiously we may wish that these complaints had no foundation, the eVidence, of known facts will not permit us to deny that they are in some degree true. It will be found, indeed, on a candid review of our situation, that some of the distresses under which we labor have been erroneously charged on the operation of our governments; but it will be found, at the same time, that other causes will not alone account for many of our heaviest misfortunes; and, particularly, for that prevailing and increasing distrust of public engagements, and alarm for private rights, which are echoed from one http://www.foundingfathers.info/federalistpapers/fedIO.htm 5/3 1/2007 Federalist Papers: FEDERALIST No.1 0 Page 2 of 5 end of the continent to the other. These must be chiefly, if not wholly, effects of the unsteadiness and injustice with which a factious spirit has tainted our public administrations By a faction, I understand a number of citizens, whether amounting to a majority or a minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adversed to the rights of other citizens, or to the permanent and aggregate interests of the community. There are two methods of curing the mischiefs of faction' the one, by removing its causes; the other, by controlling its effects. There are again two methods of removing the causes of faction the one, by destroying the liberty which is essential to its existence; the other, by giving to every citizen the same opinions, the same passions, and the same interests It could never be more truly said than of the first remedy, that it was worse than the disease. Liberty is to faction what air is to fire, an aliment without which it instantly expires. But it could not be less folly to abolish liberty, which is essential to political life, because It nourishes faction, than it would be to wish the annihilation of air, which is essential to animal life, because it imparts to fire its destructive agency The second expedient is as impracticable as the first would be unwise. As long as the reason of man continues fallible, and he IS at liberty to exercise it, different opinions will be formed As long as the connection subsists between his reason and his self-love, his opinions and his passions will have a reciprocal influence on each other; and the former will be objects to which the latter will attach themselves. The diversity in the faculties of men, from which the rights of property originate, is not less an insuperable obstacle to a uniformity of interests. The protection of these faculties is the first object of government. From the protection of different and unequai faculties of acquiring property, the possession of different degrees and kinds of property immediately results; and from the influence of these on the sentiments and views of the respective proprietors, ensues a division of the society into different interests and parties The latent causes of faction are thus sown in the nature of man; and we see them everywhere brought into different degrees of activity, according to the different circumstances of civil society. A zeal for different opinions concerning religion, concerning government, and many other points, as well of speculation as of practice; an attachment to different leaders ambitiously contending for pre- eminence and power; or to persons of other descriptions whose fortunes have been interesting to the human passions, have, in turn, divided mankind into parties, inflamed them with mutual animosity, and rendered them much more disposed to vex and oppress each other than to co- operate for their common good. So strong is this propensity of mankind to fall into mutual animosities, that where no substantial occasion presents Itself, the most frivolous and fanciful distinctions have been sufficient to kindle their unfriendly passions and excite their most violent conflicts. But the most common and durable source of factions has been the various and unequal distribution of property. Those who hold and those who are without property have ever formed distinct interests in society. Those who are creditors, and those who are debtors, fall under a like discrimination. A landed interest, a manufacturing interest, a mercantile interest, a moneyed interest, with many lesser interests, grow up of necessity in civilized nations, and divide them Into different classes, actuated by different sentiments and views. The regulation of these various and interfering interests forms the principal task of modern legislation, and Involves the spirit of party and faction in the necessary and ordinary operations of the government No man is allowed to be a Judge In his own cause, because his Interest would certainly bias his Judgment, and, not improbably, corrupt his integrity. With equal, nay with greater reason, a body of men are unfit to be both judges and parties at the same time; yet what are many of the most important acts of legislation, but so many judicial determinations, not indeed concerning the rights of single persons, but concerning the rights of large bodies of citizens? And what are the different classes of legislators but advocates and parties to the causes which they determine? Is a law proposed concerning private debts? It is a question to which the creditors are parties on one side and the debtors on the other. Justice ought to hold the balance between them Yet the parties are, and must be, themselves the Judges, and the most numerous party, or, In other words, the most powerful faction must be expected to prevail. Shall domestic manufactures be encouraged, and in what degree, by restrictions on foreign manufactures? are questions which would be differently http://www.foundingfathers.info/federalistpapers/fedl0.htm 5/31/2007 ~'ederaiist Papers: FEDERALIST No.1 0 Page 3 of 5 decided by the landed and the manufacturing classes, and probably by neither with a sole regard to justice and the public good. The apportionment of taxes on the various descriptions of property is an act which seems to require the most exact Impartiality; yet there IS, perhaps, no legislative act in which greater opportunity and temptation are given to a predominant party to trample on the rules of justice. Every shilling with which they overburden the inferior number, is a shilling saved to their own pockets. It is in vain to say that enlightened statesmen will be able to adjust these clashing interests, and render them all subservient to the public good. Enlightened statesmen will not always be at the helm. Nor, in many cases, can such an adjustment be made at all without taking into view indirect and remote considerations, which will rarely prevail over the immediate interest which one party may find in disregarding the rights of another or the good of the whole The inference to which we are brought is, that the CAUSES of faction cannot be removed, and that relief is only to be sought in the means of controlling its EFFECTS. If a faction consists of less than a maJonty, relief IS supplied by the republican principle, which enables the majonty to defeat its sinister views by regular vote. It may clog the administration, it may convulse the society; but it will be unable to execute and mask ItS violence under the forms of the Constitution. When a majority is included in a faction, the form of popular government, on the other hand, enables it to sacrifice to its ruling passion or interest both the public good and the rights of other citizens. To secure the public good and private rights against the danger of such a faction, and at the same time to preserve the spirit and the form of popular government, is then the great object to which our inquiries are directed. Let me add that it is the great desideratum by which this form of government can be rescued from the opprobrium under which it has so long labored, and be recommended to the esteem and adoption of mankind By what means is this object attainable? Evidently by one of two only. Either the existence of the same passion or interest in a majority at the same time must be prevented, or the majority, having such coexistent passion or interest, must be rendered, by their number and local situation, unable to concert and carry into effect schemes of oppression. If the impulse and the opportunity be suffered to coincide, we well know that neither moral nor religious motives can be relied on as an adequate control. They are not found to be such on the Injustice and violence of individuals, and lose their efficacy in proportion to the number combined together, that is, in proportion as their efficacy becomes needful. From this view of the subject it may be concluded that a pure democracy, by which I mean a society consisting of a small number of citizens, who assemble and administer the government in person, can admit of no cure for the mischiefs of faction A common passion or interest will, in almost every case, be felt by a majority of the whole; a communication and concert result from the form of government itself; and there is nothing to check the inducements to sacrifice the weaker party or an obnoxious Individual. Hence it is that such democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property; and have in general been as short in their lives as they have been violent in their deaths. Theoretic politicians, who have patronized this species of government, have erroneously supposed that by reducing mankind to a perfect equality in their political rights, they would, at the same time, be perfectly equalized and assimilated in their possessions, their opinions, and their passions. A republic, by which I mean a government In which the scheme of representation takes place, opens a different prospect, and promises the cure for which we are seeking. Let us examine the points in which it vanes from pure democracy, and we shall comprehend both the nature of the cure and the efficacy which it must derive from the Union. The two great points of difference between a democracy and a republic are: first, the delegation of the government, in the latter, to a small number of citizens elected by the rest; secondly, the greater number of citizens, and greater sphere of country, over which the latter may be extended. The effect of the first difference is, on the one hand, to refine and enlarge the public views, by passing them through the medium of a chosen body of citizens, whose wisdom may best discern the true interest of their country, and whose patriotism and love of justice will be least likely to sacrifice it to temporary or partial considerations. Under such a regulation, it may well happen that the public http://www.foundingfathers.info/federalistpapers/fedl0.htm 5/31/2007 Federalist Papers: FEDERALIST No.1 0 Page 4 of 5 voice, pronounced by the representatives of the people, will be more consonant to the public good than if pronounced by the people themselves, convened for the purpose. On the other hand, the effect may be inverted Men of factious tempers, of local prejudices, or of sinister designs, may, by intngue, by corruption, or by other means, first obtain the suffrages, and then betray the interests, of the people. The question resulting is, whether small or extensive republics are more favorable to the election of proper guardians of the public weal; and it is clearly decided in favor of the latter by two obvious considerations In the first place, it IS to be remarked that, however small the republic may be, the representatives must be raised to a certain number, in order to guard against the cabals of a few; and that, however large it may be, they must be limited to a certain number, in order to guard against the confusion of a multitude. Hence, the number of representatives in the two cases not being in proportion to that of the two constituents, and being proportionally greater in the small republic, it follows that. if the proportion of fit characters be not less in the large than in the small republic, the former will present a greater option, and consequently a greater probability of a fit choice. In the next place, as each representative will be chosen by a greater number of citizens in the large than in the small republic, it will be more difficult for unworthy candidates to practice with success the vicious arts by which elections are too often carned; and the suffrages of the people being more free, will be more likely to centre In men who possess the most attractive merit and the most diffusive and established characters. It must be confessed that in this, as in most other cases, there is a mean, on both sides of which inconveniences will be found to lie. By enlarging too much the number of electors, you render the representatives too little acquainted with all their local circumstances and lesser interests; as by reducing it too much, you render him unduly attached to these, and too little fit to comprehend and pursue great and national objects. The federal Constitution forms a happy combination in this respect; the great and aggregate interests being referred to the national, the local and particular to the State legislatures. The other point of difference is, the greater number of citizens and extent of territory which may be brought within the compass of republican than of democratic government, and it is this circumstance principally which renders factious combinations less to be dreaded in the former than in the latter, The smaller the society, the fewer probably will be the distinct parties and interests composing it; the fewer the distinct parties and interests, the more frequently will a majority be found of the same party; and the smaller the number of individuals composing a majority, and the smaller the compass within which they are placed, the more easily will they concert and execute their plans of oppression. Extend the sphere, and you take in a greater variety of parties and interests; you make it less probable that a majority of the whole will have a common motive to invade the nghts of other citizens; or if such a common motive exists, It will be more difficult for all who feel it to discover their own strength, and to act in unison with each other Besides other impediments, it may be remarked that, where there is a consciousness of unjust or dishonorable purposes, communication is always checked by distrust in proportion to the number whose concurrence is necessary. Hence, it clearly appears, that the same advantage which a republic has over a democracy, in controlling the effects of faction, is enjoyed by a large over a small republic,--is enjoyed by the Union over the States composing it. Does the advantage consist in the substitution of representatives whose enlightened views and virtuous sentiments render them supenor to local prejudices and schemes of injustice? It will not be denied that the representation of the Union will be most likely to possess these requisite endowments. Does it consist in the greater security afforded by a greater variety of parties, against the event of anyone party being able to outnumber and oppress the rest? In an equal degree does the increased variety of parties comprised within the Union, increase this security. Does it, in fine, consist in the greater obstacles opposed to the concert and accomplishment of the secret wishes of an unjust and interested majority? Here, again, the extent of the Union gives it the most palpable advantage The influence of factious leaders may kindle a flame within their particular States, but will be unable to spread a general conflagration through the other States. A religious sect may degenerate into a political faction in a part of the Confederacy; but the variety of sects dispersed over the entire face of it must secure the national councils against any danger from that source. A rage for paper money, for an abolition of debts, for an equal division of property, or for any other improper or wicked project, will be less apt to pervade the whole body of the Union than a particular member of it; in the same http://www.foundingfathers.info/federalistpapers/fedlO.htm 5/31/2007 Fecleral'ist Papers: FEDERALIST No. 10 proportion as such a malady is more likely to taint a particular county or district. than an entire State. In the extent and proper structure of the Union, therefore, we behold a republican remedy for the diseases most incident to republican government And according to the degree of pleasure and pride we feel in being republicans, ought to be our zeal in cherishing the spirit and supporting the character of Federalists. PUBLlUS. Tell a friend. Click here to e-mail a Founding Fathers "wtualpostcard." i5B .. mBIlIiII ... _ .. II1II ~ ~ S"Nllu!;//a,9Y,lhaw,f//;(; ('; home page ..7 (. ...... 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