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Committee forwards ordinance to expedite settlements for Fillmore–Green water main break claims

San Francisco Board of Supervisors — Government Audit and Oversight Committee · January 18, 2024
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Summary

The committee voted to forward an ordinance authorizing the SFPUC and the City Attorney to approve settlements for claims from a Sept. 2023 transmission main break at Fillmore and Green Streets, with individual claims capped at $1,000,000 and an aggregate cap of $7,000,000; the committee later rescinded and reclassified the item and forwarded it as a committee report (2-0, Supervisor Chan excused).

The Government Audit and Oversight Committee on Jan. 18 forwarded to the Board an ordinance that would allow the San Francisco Public Utilities Commission and the Office of the City Attorney to approve settlements for claims arising from the Sept. 2023 break of an SFPUC water transmission main at Fillmore and Green Streets.

Jeremy Spitz of the SFPUC told the committee that “an SFPUC 16‑inch high‑pressure water main broke at the intersection of Fillmore and Green Streets” on 09/10/2023, flooding streets and damaging approximately 43 residential and commercial properties. The proposed ordinance would allow the SFPUC and the City Attorney to approve settlements of claims over $25,000 up to $1,000,000 per claim and would delegate authority under Charter section 6.1025 for related litigation, subject to an aggregate cap of $7,000,000 and periodic reporting to the committee.

Vice Chair Catherine Stephanie, sponsor of the ordinance, said the city had responded rapidly to repair the damaged street and utilities and that the ordinance is intended to speed payments so private property owners receive compensation more quickly. A member of the public asked how people sleeping outside who were impacted by flooding could petition the city for relief; presenters said they would work to ensure eligible claimants can seek compensation and that the controller would certify funds are available for each settlement.

Procedurally, the committee initially forwarded the ordinance with a positive recommendation (roll call 2‑0, Supervisor Chan excused). Later in the meeting the committee rescinded that earlier vote and moved to forward Item 10 with a positive recommendation as a committee report; the procedural change also carried on a 2‑0 vote with Supervisor Chan excused. The ordinance references Administrative Code section 10.22 and delegates authority under Charter section 6.1025; the ordinance’s specific number was not specified at the committee hearing.