In Hayward Area Planning Assn. v. City of Hayward (2005) 128 Cal.App.4th 176, the Court reversed an award of costs in a CEQA action because, in violation of section 21167.6, the public agency did not directly incur any liability for preparing the record, but rather delegated the task to a third party with an interest in the litigation, which was not subject to the statutory scheme designed to control record preparation costs in CEQA actions. (Hayward Area, supra, at pp. 184-185.)