City of Culver City v. Cohen

222 Cal. Rptr. 3d 148, 14 Cal. App. 5th 1, 2017 WL 3381123, 2017 Cal. App. LEXIS 684
CourtCalifornia Court of Appeal, 5th District
DecidedAugust 7, 2017
DocketC077799
StatusPublished
Cited by10 cases

This text of 222 Cal. Rptr. 3d 148 (City of Culver City v. Cohen) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Culver City v. Cohen, 222 Cal. Rptr. 3d 148, 14 Cal. App. 5th 1, 2017 WL 3381123, 2017 Cal. App. LEXIS 684 (Cal. Ct. App. 2017).

Opinion

NICHOLSON, Acting P.J.

*5During the freeze period under the legislation that eventually dissolved community redevelopment agencies in California (the Dissolution Law), Culver City's former redevelopment agency made an unauthorized transfer to Culver City (the City) of about $12.5 million. The Department of Finance (DOF) discovered the unauthorized transfer after the former redevelopment agency was dissolved and the City took over as the successor agency. Based on that discovery, DOF authorized the county auditor-controller to reduce by about $12.5 million the tax increment revenue made available to the successor agency to pay the successor agency's enforceable obligations.1

In a prior action, now final, the Sacramento Superior Court held that the reduction to the amount made available to the successor agency for payment of its enforceable obligations was proper because the former redevelopment agency's transfer of $12.5 million to the City was unauthorized under the *6Dissolution Law. (City of Culver City v. Matosantos (Super. Ct. Sacramento County, 2013, No. 34-2013-80001446-CU-WM-GDS) (Culver City I ).) In other words, the former redevelopment agency should have retained the $12.5 million to pay its bills rather than transferring it to the City. DOF did not seek an order requiring the City to repay the $12.5 million. And neither party appealed the superior court's judgment.

Since judgment was entered in Culver City I , the City has not repaid the $12.5 million to the successor agency, and DOF has continued to authorize successive reductions to the allotment of tax increment revenue to the successor agency to pay its enforceable obligations. DOF asserts that those funds held by the City are available to the successor agency for payment of its enforceable obligations, but the City maintains that it has no duty to pay the money back.

In this action, the City, both in its municipal capacity and as the successor agency of the former redevelopment agency, seeks mandamus relief to stop DOF's successive $12.5 million reductions of tax increment revenue to pay the successor agency's enforceable obligations. On the other hand, DOF seeks an order reversing the former redevelopment agency's transfer of $12.5 million to the City and requiring the City to return the money.

The superior court in this action held that DOF's successive reductions to the tax increment revenue made available to the successor agency for payment of its enforceable obligations (which reductions are essentially a self-help remedy invoked by DOF to prompt the City to pay back the $12.5 million) are not authorized by the Dissolution Law. Based on this holding, the superior court granted the City's petition for writ of mandate. While recognizing Culver City I 's holding that the former redevelopment agency's transfer to the City was unauthorized, the superior court denied DOF's petition for an equitable writ of mandate requiring the return of the money because there is a statutory remedy for this situation-that is, the State Controller has the duty to conduct a review of all asset transfers between a former redevelopment agency and its sponsoring agency (here, the City) during the freeze period *151and to order return of any money transferred to the sponsoring agency if the transfer was unauthorized by the Dissolution Law.

Since the superior court entered judgment in this action, the State Controller has conducted its review and has ordered the City to return the $12.5 million to the successor agency.

DOF appeals, asserting that the superior court erred by: (1) denying DOF's petition for writ of mandate directing the City to return the money and (2) finding that successive reductions to the tax increment revenue provided to *7the successor agency for the same $12.5 million held by the City is not authorized by the Dissolution Law.

We affirm. First, the remedy under the Dissolution Law to force reversal of an unauthorized transfer from a former redevelopment agency to its sponsoring agency, at this point in the dissolution process, is through the State Controller's asset transfer review process, not through a mandamus action by DOF. Therefore, the superior court properly denied mandamus relief on DOF's petition. And second, nothing in the Dissolution Law permits DOF to make successive reductions to the tax increment revenue provided to pay the successor agency's enforceable obligations under these circumstances. Therefore, granting mandamus relief to the City was also proper.

BACKGROUND

In June 2011, the Dissolution Law was enacted. It froze the activities of redevelopment agencies, prohibiting them from taking out or accepting loans from other public agencies for any purpose. ( Health & Saf. Code, § 34162, subd. (a)(4) ; see California Redevelopment Assn. v. Matosantos (2011) 53 Cal.4th 231, 135 Cal.Rptr.3d 683, 267 P.3d 580 ; City of Cerritos v. State of California (2015) 239 Cal.App.4th 1020, 191 Cal.Rptr.3d 611 ; City of Brentwood v. Campbell (2015) 237 Cal.App.4th 488, 188 Cal.Rptr.3d 88 for summaries of the Dissolution Law.)

In October 2011, four months after the freeze took effect, the City loaned about $12.5 million (the City Loan) to its former redevelopment agency, the Culver City Redevelopment Agency. The City and the successor agency alleged in Culver City I , but did not substantiate, that the former redevelopment agency needed the money to make debt service payments on bonds.

Before the former redevelopment agency was dissolved by operation of law on February 1, 2012, it transferred to the City $12.5 million. The former redevelopment agency did not disclose the City Loan as an enforceable obligation in its mandated reporting. (See Health & Saf. Code, §§ 34167, subd. (h) ; 34169, subd. (g) [requiring former redevelopment agency to list enforceable obligations and refrain from making unlisted payments].)

When the former redevelopment agency dissolved, the City took over as the successor agency to wind down the affairs of the former redevelopment agency. In its first recognized obligation payment schedule (ROPS I) ( Health & Saf. Code, § 34171, subd. (h) ), the successor agency (a separate legal entity from the City in its municipal capacity) did not list the City Loan as an enforceable obligation.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hovannisian v. City of Fresno
California Court of Appeal, 2024
PLH v. City of L.A. CA2/5
California Court of Appeal, 2022
(HC) Chavarin v. Holbrook
E.D. California, 2022
Callahan v. PeopleConnect Inc.
N.D. California, 2021
In re S.T. CA5
California Court of Appeal, 2021
Eram v. TheWeatherMan CA4/3
California Court of Appeal, 2020
Schwab v. Steiner CA2/7
California Court of Appeal, 2020

Cite This Page — Counsel Stack

Bluebook (online)
222 Cal. Rptr. 3d 148, 14 Cal. App. 5th 1, 2017 WL 3381123, 2017 Cal. App. LEXIS 684, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-culver-city-v-cohen-calctapp5d-2017.