Ice Rink Update – June 2017

Much has transpired regarding the Ice Rink/Multi-use Facility (MUF) in the past months. This post serves to catch up all homeowners on recent events, and to ask for comments that will help direct the how the Board can proceed as this process unfolds.

Town Council Certifies EIR

Monday, May 17, 2017, the Town Council certified the Final Environmental Impact Report (EIR) by a 4-1 vote, and now the MUF construction will start at Mammoth Creek Park West this summer. To litigate the validity or adequacy of the EIR, parties must file within 30 days of certification—that’s by June 16, 2017.

Contesting the EIR

If the HOA were to join our neighbors to contest the EIR, the estimated cost of our share would be $50,000 or more. Here’s where things get dicey: our bylaws state that homeowners must approve any expenditure that is over 5% of the Operating Budget—and MCC’s share of litigation costs exceeds that mark. Because we cannot proceed without a vote of all homeowners to spend this money, we would be hard-pressed to conduct a vote and secure a law firm to formally bring a lawsuit within the required 30-day window.

However, even without these time constraints, the board discussed this issue at our May 20 meeting and trended away from pursuing litigation, as its cost (if approved by the homeowners) would either significantly impact reserves or require a special assessment. Multiple board members doubt whether this expenditure would significantly reduce the odds of the MUF getting built. Litigation involving the EIR would pit the Town’s experts against our experts. Also, there are other forces in play that might ultimately prevent the MUF from being built: 1) the implausibility to publicly raise an additional $1.5 million of funding, 2) the opposition of the Mountain to the rink location, and 3) the possibility that other parties will submit litigation.

EIR Background: A brief update on the MUF EIR process to date.

The EIR addressed…

1. Water contamination from ice rink operation, both to the ground water and Mammoth Creek.
2. Traffic impact to the area, including the potential blind view of oncoming traffic from the west, particularly from snow build-up on Old Mammoth Road.
3. Noise and light pollution.

For further details, click here to access public comments to the EIR.

What’s Next:  Funding and Construction

Total estimated price tag for the MUF: $9.5 million. Funding sources:

1. Measure R and Measure U funds (sales taxes revenue to fund recreation projects)
   1. Measure R–$2,600,000 from fund balance/reserves.
   2. Measure R–$5 million bond to be paid back over 10 years at 3.5%.
   3. Measure U–$500,000 fund balance/reserves
   4. Public fund-raising–$1.5 million from unknown sources

The Council approved the funding plan 3-2. The 2 dissenting council members voiced concerns about the ability to raise $1.5 million through public funding, the additional costs excluded from the $9.5 million price tag, and diversion of Measure R and U funds from other activities.

Construction of the MUF will proceed regardless of whether litigation is submitted. Caveat: the project will halt if specific sources of public funding (to the tune of $1.5 million) cannot be identified by March of 2018–a motion made by Mayor Richardson and passed by Town Council.