Two Cities Involved In A/R Preparation Costs Recoupment Battle
"Near Kingsburg, small independent gas stations litter the highway." Dorothea Lange, photographer. May, 1939. Library of Congress.
In City of Selma v. Fresno County Local Agency Formation Comm’n (City of Kingsburg), Case No. F072712 (5th Dist. July 25, 2017) (unpublished), City of Kingsburg—the real party in interest in a lower court CEQA mandate case—was allowed recovery of costs for preparing the record under Public Resources Code section 21167.6. City of Selma, the CEQA petitioner, argued that because it did not agree that Kingsburg, under an alternative method of A/R preparation, could prepare the record, real party Kingsburg was not entitled to A/R preparation costs under section 21167.6(b)(2). (The methods of A/R preparation are that the public agency does it, the petitioner does it subject to public agency certification, or “the parties agree to an alternative method of preparing the record, subject to certification by the public agency.”) However, the appellate court disagreed with Selma’s argument. A stipulation among the germane parties established Selma did agree to Kingsburg’s A/R preparation, with the Fifth District Court of Appeal only taxing $2,500 in awarded costs such that Kingsburg garnered a total costs award of $7,659.78.
BLOG COMMENTARY ON KINGSBURG—Kingsburg is a San Joaquin Valley city founded in 1873 as a railroad stop called “Kings River Switch.” A substantial number of Swedish immigrants came to the city, which was soon dubbed “Little Sweden” and has architecture throughout which is a testament to the immigration. It also has an annual Swedish Festival and some nice restaurants featuring Swedish cuisine. Co-contributor Mike knows the Swedish theme is true because he grew up in the Central Valley and has visited Kingsburg.
Kingsburg Coffee Pot Water Tower.