Hayward Area Planning Ass'n v. City of Hayward

Plaintiffs brought a CEQA action against the City of Hayward. After the trial court denied the petition, Hayward 1900, Inc., the developer and real party in interest, filed a cost bill seeking more than $50,000 for preparation of the administrative record. Plaintiffs moved to tax costs, arguing that the City improperly delegated the task of preparing the record without their knowledge or consent. The trial court ruled that the delegation was permissible, but taxed all costs beyond those the City reasonably would have incurred had it prepared the record itself. We reverse, holding that the delegation violated Public Resources Code section 21167.6.

Factual & Procedural Background

On October 22, 2002, Hayward Area Planning Association, Hayward Hills Property Owners Association and Greenbelt Alliance (Plaintiffs) filed a petition for a writ of mandate against the City of Hayward, the Hayward City Council (collectively, the City), and the Hayward Unified School District (the School District), alleging noncompliance with the California Environmental Quality Act (CEQA), Public Resources Code section 21000 et seq. 'Hayward 1900, Inc. (Hayward 1900), the developer of the…