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History and Background of Public Participation
Existing Public Participation Regulatory and Policy Framework
In order to establish a baseline for public participation, it is important to understand the current legislative framework as it relates to various laws and policies. The regulatory context outlined below influences the City of San Diego’s current public participation practices. The following legislation and policy descriptions do not detail a comprehensive definition of their purpose but rather how they specifically relate to public participation. Each level of government operates under the framework of the higher level of government. For example, the State operates within Federal requirements, and the local agency (City) implements State and Federal policies in a way that best advances the interests of the people of San Diego.
Federal
| Title | Year | Relation to Public Participation |
|---|---|---|
| U.S. Constitution 14th Amendment | 1868 | Citizenship to all born and naturalized in the U.S.; right to vote |
| U.S. Constitution 15th Amendment | 1870 | Right to vote for men of all races |
| U.S. Constitution 19th Amendment | 1920 | Women's right to vote |
| Civil Rights Act | 1964 | Prohibits discrimination in federally funded programs |
| Voting Rights Act | 1965 | Protects right to vote against racial bias |
| Freedom of Information Act | 1967 | Provides the public the right to access records from any federal agency, unless the records are exempt from disclosure |
| Americans with Disabilities Act | 1990 | Prohibits discrimination against people with disabilities; equal voting rights for people with disabilities |
| Title 24, Housing and Urban Development of the Code of Federal Regulations | 2015 | Requires public participation for federally funded housing and community development consolidated plans |
State
| Title | Year | Relation to Public Participation |
|---|---|---|
| Ralph M. Brown Act | 1953 | Guarantees the right of access to and participation in public meetings and establishes requirements for state and local governments’ noticing and public meeting processes |
| California Public Records Act | 1968 | Requires government records to be disclosed to the public, upon request, unless the records are exempt from disclosure |
| California Environmental Quality Act | 1970 | State and local governments must analyze the significant environmental effects of proposed discretionary plans and projects and inform the public accordingly |
| Government Code Section 65351 | 2005 | Requires state and local governments to provide participation opportunities for all members of the public when preparing general plans, including Californian Native American Tribes and disadvantaged communities |
| Senate Bill 113 (2014) | 2014 | Expands voter pre-registration to individuals aged 16 and older |
City
| Title | Year | Relation to Public Participation |
|---|---|---|
| Municipal Code | 1889 | Includes various public hearing and noticing requirements |
| Charter of the City of San Diego Article V, Section 43 | 1931 | The City may create and fill advisory boards, commissions and committees to advise the City on specific decisions |
| Council Policy No. 000-02 | Adopted: 1962 Amended: 2017 | Identifies opportunities for public involvement in the City's annual budget decisions through public outreach |
| Council Policy No. 000-16 | 1994 | Requires that all City boards, commissions, and committee meetings be open to the public and follow Brown Act requirements |
| Council Policy No. 000-17 | 2025 | Establishes procedures for providing copies of the Council docket back-up material to the public |
| Council Policy No. 000-21 | 2021 | Establishes procedures for members of the public, Councilmembers, the Mayor, mayoral departments, independent department directors, or public agencies to submit ballot proposals to City Council |
| Council Policy 000-31 | 2022 | Establishes requirements for enhancing Capital Improvement Projects’ transparency and access to information through meetings with stakeholders |
| Council Policy No. 000-32 | Adopted: 2013 Amended: 2022 | Identifies opportunities for public input on infrastructure needs from all residents |
| Council Policy No. 100-18 | Adopted: 1997 Amended: 2015 | Allows communities to address parking demands by incorporating public input in the management of the district |
| Council Policy No. 200-10 | 2017 | Confers honorary street titles as supported by input from local community councils, planning groups, recreation councils and community leaders |
| Council Policy No. 600-09 | Adopted: 1970 Amended: 2022 | Establishes Community Planners Committee, which formed in 1970, as an independent organization that provides input on citywide matters related to the General Plan and related planning, infrastructure and development programs |
| Council Policy No. 600-24 | Adopted: 1976 Amended: 2024 | Governs the conduct of recognized planning groups and their duty to seek community participation in the planning process. Amendments to enhance participation have included removing minimum meeting attendance requirements for candidacy and voting in annual elections, including a community participation and representation plan for each planning group, as well as removing limitations for conducting virtual meetings |
| Council Policy No. 600-33 | Adopted: 2009 Amended: 2016 | Identifies and requires advanced notification of public participation opportunities for park development |
| Council Policy No. 700-42 | 2005 | Considers input from recreation councils in the fiscal administration, planning, promotion and development of recreation programs |
| Council Policy No. 900-19 | 2005 | Considers input from community members and local planning groups to protect designated tree resources on public land and right-of-way |
| Administrative Regulation No. 10.30 | 1993 | Establishes requirements related to providing notices and public meetings for new or increased general taxes or assessments |
| Administrative Regulation No. 25.80 | 2018 | Establishes procedures for how the City will officially advertise contracts and notifications |
| Administrative Regulation No. 90.61 | 2023 | Defines standards for establishing, using, monitoring and retaining the City’s social media accounts and social media content |
| Administrative Regulation No. 95.40 | 2018 | Establishes policies for payment of expenses such as transportation, meals, and parking, incurred by members of City boards and commissions while conducting City business |
| Administrative Regulation No. 96.20 | 2020 | Requires the City to provide documents, programs and services that are accessible to people with disabilities |