City of Selma v. Fresno County Local Agency Format
After prevailing on the merits, City of Kingsburg (Kingsburg) recovered costs incurred for preparing the administrative record in this case under Public Resources Code section 21167.6. City of Selma (Selma) contends Kingsburg was not entitled to recover costs because it was the real party in interest, not the lead agency, and Selma did not consent to Kingsburg’s involvement in the preparation of the record. (See Hayward Area Planning Assn. v. City of Hayward (2005) 128 Cal.App.4th 176, 183-185 (Hayward).)
While we agree the parties, including a petitioner under the California Environmental Quality Act (CEQA), must “agree to an alternative method of preparation of the record of proceedings” (§ 21167.6, subd. (b)(2)) before a real party in interest may prepare the record, we conclude substantial evidence supports the conclusion that Selma did agree to that procedure here. Consequently, we affirm the trial court’s denial of Selma’s motion to strike the cost memorandum.
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