|
Date: |
June 25, 2026 and August 18, 2026 |
21 |
Title
Administrative Item:
Second Consideration and Adoption of Ordinance:
Adopt an Ordinance Amending the San Diego County Code of Administrative Ordinances Regarding Litigation Authorization for County Counsel (6/25/2026 first reading, 8/18/2026 second reading unless ordinance is modified on second reading)
(Districts: All)
End
Overview
On June 25, 2026 (4), the Board of Supervisors took action to further consider and adopt the Ordinance on August 18, 2026.
On March 24, 2026 (19), the Board of Supervisors (Board) directed County Counsel and the Chief Administrative Officer to establish a Consumer Fairness and Public Protection (CFPP) Unit within the Office of County Counsel. Part of that Board direction included amending Section 142 of the County Code of Administrative Ordinances to provide standing authority for the Office of County Counsel to bring certain consumer protection lawsuits on behalf of the County of San Diego (County) and its residents. The proposed ordinance makes those amendments along with related amendments regarding lawsuits to enforce County lease provisions.
Body
Recommendation by Chief Administrative Officer:
1. Consider and adopt (unless ordinance is modified on second reading): AN ORDINANCE AMENDING THE SAN DIEGO COUNTY CODE OF ADMINISTRATIVE ORDINANCES REGARDING LITIGATION AUTHORIZATION FOR COUNTY COUNSEL
EndEquity Impact Statement
This recommendation protects all residents, including those that have suffered discrimination or disenfranchisement. The recommendation fulfills Board of Supervisors direction to establish the Consumer Fairness and Public Protection (CFPP) Unit, which strengthens the County of San Diego’s ability to pursue proactive litigation against corporations and entities that harm residents through illegal, deceptive, or predatory practices.
Sustainability Impact Statement
This recommendation supports the County of San Diego’s (County) Sustainability Goal #2 by providing access to County services to promote equity, transparency, and community trust. Overall, the ordinance supports equity and community trust. This recommended action facilitates certain consumer protection lawsuits that protect residents and communities suffering environmental harm.
Fiscal Impact
There is no fiscal impact to amend an ordinance. There is no change in net General Fund cost and no additional staff years are required.
Business Impact Statement
N/A
Advisory Board Statement
N/A
Background
Consumer and worker protection violations can contribute to financial instability, increase debt burdens, and compound housing insecurity for vulnerable residents. In 2021, the California Legislature enacted California Senate Bill 461 (SB461) that authorizes Counsel in California’s largest counties to bring civil enforcement actions under California’s Unfair Competition Law. This expanded authority enables counties to address unlawful, unfair, and fraudulent business practices.
On March 24, 2026 (19), the Board of Supervisors (Board) directed County Counsel and the Chief Administrative Officer to establish a Consumer Fairness and Public Protection (CFPP) unit within the Office of County Counsel. This direction included creating a permanent civil enforcement and affirmative litigation function focused on consumer protection, consumer product safety, financial abuse, unfair competition, environmental justice, and economic fairness. In addition, the Board directed staff to return with recommended amendments to the County Code of Administrative Ordinances (Administrative Code) necessary to support the CFPP unit’s authority to initiate civil enforcement actions on behalf of the County.
Following that action, staff reviewed relevant sections of the Administrative Code to identify updates required to operationalize the CFPP unit and ensure consistency with Board direction. This review confirmed certain provisions governing County Counsel’s authority to bring civil actions needed to be clarified. Updates were also identified to align existing language with current practice and improve consistency across the Administrative Code.
The recommendation before the Board to adopt an Ordinance that amends the Administrative Code makes these changes and also includes clean-up changes that facilitate recovery of damages from defaulting commercial tenants.
Linkage To The County Of San Diego Strategic Plan
This recommendation supports the County of San Diego’s (County) 2026-2031 Strategic Plan Initiative of Justice by ensuring enforcement of consumer protection laws. It also supports the County’s Strategic Initiatives regarding Sustainability by facilitating certain consumer protection lawsuits that protect residents and communities suffering environmental harm.
Respectfully submitted,
Ebony N. Shelton
Chief Administrative Officer
Attachment(s)
Attachment A: AN ORDINANCE AMENDING THE SAN DIEGO COUNTY CODE OF ADMINISTRATIVE ORDINANCES REGARDING LITIGATION AUTHORIZATION FOR COUNTY COUNSEL (CLEAN)
Attachment B: AN ORDINANCE AMENDING THE SAN DIEGO COUNTY CODE OF ADMINISTRATIVE ORDINANCES REGARDING LITIGATION AUTHORIZATION FOR COUNTY COUNSEL (STRIKEOUT)
Attachment C: Summary of Proposed Ordinance