The Oversight Board is one of two governing bodies for the Office of Community Investment and Infrastructure, which was created by the City and County of San Francisco as the Successor Agency to the San Francisco Redevelopment Agency (“Successor Agency”) pursuant to AB 26 and AB 1484, a subsequent state law that clarified and amended AB 26. The Oversight Board oversees certain fiscal management of former Redevelopment Agency assets other than affordable housing assets. In performing that function, the Oversight Board owes a fiduciary duty to the holders of enforceable obligations with the former Redevelopment Agency and to the taxing entities that are entitled to an allocation of property taxes. The City, through the Mayor's Office of Housing, manages the former Redevelopment Agency's affordable housing funds and assets. The Commission on Community Investment and Infrastructure, the other governing body of the Successor Agency, exercises land use, development and design approval authority for the Major Approved Development Projects (Mission Bay, Hunters Point Shipyard/Candlestick Point and Transbay) and manages the former Redevelopment Agency assets in YBC in place of the former San Francisco Redevelopment Agency Commission.
On June 28, 2011, the Governor approved two bills, AB 26 and AB 27, which amended the California Community Redevelopment Law, which regulates the activities of redevelopment agencies. AB 26 was the “dissolution” bill, which set November 1 as the date to dissolve all redevelopment agencies. The companion legislation AB 27, the “reinstatement” bill, allowed cities to keep their agencies in place by committing to substantial “community remittances” to be paid to the State.
AB 26 put the San Francisco Redevelopment Agency into a state of suspension under which no new contracts, obligations or redevelopment plans could be approved. In July, a lawsuit was filed challenging the constitutionality of both AB 26 and AB 27. The Supreme Court accepted the case and issued a “stay” under which agencies remained in place but in the suspended state pending a decision by the court.
On December 29, 2011, the California Supreme Court issued its decision: it upheld AB 26, which eliminates redevelopment agencies, but struck down AB 27, which would have allowed cities to agree to community remittance payments to keep their agencies in place. As a result, under the schedule set by the Supreme Court, the San Francisco Redevelopment Agency was dissolved as of February 1, 2012. AB 26 provides that cities may create successor agencies and continue to implement “enforceable obligations” which were in place prior to the suspension—existing contracts, bonds, leases, etc.—and take title to all of the former redevelopment agencies’ housing and other assets. On June 27, 2012, the Governor approved AB 1484, a budget trailer bill making some significant clarifications and procedural changes in AB 26, the redevelopment dissolution law.
Text of AB 26
Supreme Court Matosantos Decision
Text of AB 1484
Successor Agency Legislation
On January 24, 2012, the Board of Supervisors of the City and County of San Francisco adopted Resolution No. 11-12 in response to the Supreme Court’s December 29, 2011, decision upholding AB 26 and dissolving all redevelopment agencies in California. On September 25, 2012, the Board of Supervisors adopted Ordinance No. 215-12 in response to the Governor’s approval of AB 1484 on June 27, 2012. Together, these two local laws create the governing structure of the Successor Agency, with Ordinance No. 215-12 amending Resolution No. 11-12 in order to comply with the changes to AB 26 that were implemented with the approval of AB 1484.
Resolution No. 11-12
Ordinance No. 215-12