Having been certified as an Environmental Leadership Development Project by Governor Brown, Assembly Bill (AB) 900 requires that the CEQA-based challenge of the Golden State Warriors proposed Mission Bay Arena be resolved within 270 days of its certification which occurred on December 14, 2015.
But AB 900 also outlines specific requirements and timelines for preparing, certifying and lodging the administrative record of proceedings when dealing with an Environmental Leadership Project.
And based on the contention that the San Francisco’s Office of Community Investment and Infrastructure (OCII) has failed to comply with the requirements of AB 900 “in both timing and content,” the Mission Bay Alliance is preparing to file a motion requesting that the streamlined litigation provision of AB 900 and aforementioned 270 day limit be lifted for the Warriors Arena project.
While the City lodged and served what was described as the certified record of proceedings for the case on January 21, 2016, which the Alliance contends was materially different from the record certified in December, the City then lodged a corrected record of proceedings “to fix certain links between the index and the record documents that were inoperable” in February.
If the motion for an outright removal of the streamlined litigation provision for the project is rejected by the Court, the Alliance still seeks to redefine the certification date from December to February, which would add at least two months to the timeline within which the case would need to be resolved.