File #: 14-1220    Name: Tidball MOA
Type: General Agenda Item Status: Passed
File created: 10/23/2014 In control: Board of Supervisors
On agenda: 11/4/2014 Final action: 11/4/2014
Title: a. Approve the transfer of 2.5 acres of federal land in Jolon, CA., which contains the County-owned Tidball Store, which will be transferred to the County of Monterey per stipulations outlined in a Memorandum of Agreement (MOA) between the Department of the Army, the County of Monterey and the California State Historic Preservation Office in order to protect and preserve the historic property; and b. Authorize the Chair of the Board to sign the MOA.
Attachments: 1. Board Report, 2. Memorandum of Agreement, 3. Completed Board Order, 4. Fully Executed Agreement between the Department of the Army, the County of Monterey and the California State Historic Preservation Office, 5. Fully Executed Agreement between the Department of the Army, the County of Monterey and the California State Historic Preservation Office w/ all Signatures
Title
a. Approve the transfer of 2.5 acres of federal land in Jolon, CA., which contains the County-owned Tidball Store, which will be transferred to the County of Monterey per stipulations outlined in a Memorandum of Agreement (MOA) between the Department of the Army, the County of Monterey and the California State Historic Preservation Office in order to protect and preserve the historic property; and
b. Authorize the Chair of the Board to sign the MOA.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a.      Approve the transfer of 2.5 acres of federal land in Jolon, CA., which contains the County-owned Tidball Store, which will be transferred to the County of Monterey per stipulations outlined in a Memorandum of Agreement (MOA) between the Department of the Army, the County of Monterey and the California State Historic Preservation Office in order to protect and preserve the historic property; and
b.      Authorize the Chair of the Board to sign the MOA
 
SUMMARY/DISCUSSION:
The Tidball Store in Jolon, California was placed on the National Register of Historic Places in 1976 (#76000503 NRIS) and was subsequently donated to Monterey County in 1978. Upon acceptance of the property, the Board of Supervisors authorized the Parks Department to request from the Army a lease of the property upon which the Tidball Store is located and the eventual transfer of the lands under and surrounding the Tidball Store.
 
In 1982 the County entered into a no cost lease of the Tidball Store property with the Combat Support Training Center (CSTC) at Fort Hunter Liggett for a 25 year period, which ended on May 31, 2007. Since 2007 the County has obtained an annual Right-of-Entry from the US Army to enter the Tidball Store for maintenance and rehabilitation purposes.
 
In 2012 the Parks Director submitted a formal request to the US Army for the transfer of the property surrounding the Tidball Store.
 
In order to better facilitate the on-going maintenance of the property, the Army has agreed to transfer ownership to Monterey County the 2.5 acre parcel of land containing the Tidball Store. This parcel is a portion of the larger archaeological site CA-MNT-794H which is part of the historic town of Jolon. The transfer of historic properties outside of federal ownership is considered an adverse effect (National Historic Preservation Act, 36 CFR 800.5) unless protections are put in place for preservation of the property.
 
In accordance with 36 CFR 800.6(a)(1), the Army has notified the Advisory Council on Historic Preservation (ACHP) and the ACHP has declined to participate in the consultation. No federally recognized Indian tribes were identified by the Army that have potential concerns for the property to be transferred. The public has had an opportunity to comment on the proposed undertaking through the National Historic Preservation Act (NHPA) Section 106 process, and through public circulation of a draft Environmental Assessment and no objections were received.
 
In order to put in place protections for the transferred property and comply with the NHPA 36 CFR 800.5, the Army and the California State Historic Preservation Office has prepared a MOU that includes stipulations which will protect the building and therefore resolve the effects of the undertaking. Pursuant to 36 CFR 800.6(2) the Army has invited the County of Monterey to sign the MOA. County staff has reviewed the MOA stipulations and verifies that they are consistent with Monterey County's historic preservation requirements as a Certified Local Government (CLG) with the State of California. As a CLG the County is required to enforce appropriate state and local laws and regulations for the protection of historic properties. Additionally, the County's Historic Preservation Ordinance, Chapter 18.25 of the County Code, protects historic properties from adverse impacts.
 
OTHER AGENCY INVOLVEMENT
The transfer of the Tidball Store has been the objective of the County's Legislative Program for a number of years, and Congressman Sam Farr and his staff have been extremely helpful in this process. The Department of the Army at Fort Hunter-Liggett and the California State Historic Preservation Officer will be signatories to the MOA. The County of Monterey has been invited to sign the MOA.
 
FINANCING
The transfer of the Tidball Store property will have no impact to the County's General Fund.  Since the donation of the property to the County in 1978, the Parks Department has been responsible for the bi-annual mowing of the property. In addition, in 1978, the Board of Supervisors granted permission to the San Antonio Valley Historical Association to preserve and protect the building. For the past 36 years they have invested in the preservation of the building including the recent painting of the exterior.
 
 
Prepared by: Meg Clovis, County Historian, Parks Department
 
Approved by:
 
 
_________________________________
Nicholas E. Chiulos
Assistant CAO/Interim Parks Director
 
Attachments:  Memorandum of Agreement