[Federal Register Volume 59, Number 207 (Thursday, October 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26576]


[[Page Unknown]]

[Federal Register: October 27, 1994]


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GENERAL SERVICES ADMINISTRATION

 

Public Buildings Service; Record of Decision; New United States 
Courthouse-Federal Building in Sacramento, CA

    The United States General Services Administration (GSA) announces 
its decision, in accordance with the National Environmental Policy Act 
(NEPA) and the Regulations issued by the Council on Environmental 
Quality, November 29, 1978, to construct a new United States 
Courthouse-Federal Building (USCT-FB) in Sacramento, California. The 
site is bordered by H Street to the North, I Street to the South, 5th 
Street to the West, and 6th Street to the east. The purpose of the new 
USCT-FB is to relieve overcrowded conditions at the existing court 
facilities in the City of Sacramento and to provide space for 
anticipated future growth. The proposed project is anticipated to be 
ready for occupancy in 1997-98. The existing courthouse facilities are 
too small to meet the year 2000 and 2020 space requirements. 
Additionally, the existing facilities do not meet guidelines for court 
facilities set forth in the ``U.S. Courts Design Guide'' (February 
1993). Structural restrictions such as obstructing columns and 
inadequate ceiling heights prevent the use of full-size courtrooms in 
the existing facilities. There is not sufficient space in the current 
courthouse to accommodate an increase in the number of courtrooms and 
the configuration of courtrooms to meet the court design guidelines. In 
addition, security in and around the building is inadequate.

I. Criteria for Evaluating EIS Alternatives

    Selection of an alternative site involves the weighing and 
balancing of many complex, interrelated and often competing policy 
factors. An alternative superior to others in one environmental respect 
may be otherwise inferior in another. Several factors were of key 
importance in evaluating each of the alternatives. These are identified 
below.
    A. The first project criterion is to provide for the expansion of 
the federal courts in the Sacramento vicinity. Current facilities 
housed in the John E. Moss Federal Building-US Courthouse are 
insufficient. Leasing additional space to make up for the shortfall at 
the Moss Building would not be an efficient means of providing court 
space. Alternative project sites were therefore examined for their 
ability to meet existing court needs as well as their suitability for 
future expansion.
    B. The second project criterion is to promote local government 
redevelopment goals, which can often be greatly assisted by the 
implementation of large projects such as the high-profile federal 
building.
    C. The third project criterion is the minimization of adverse 
environmental effects.
    D. The fourth project criterion is attractive location. Some sites 
are more attractive due to their proximity to public amenities, the 
City's Central Business District, and retail areas.

II. Alternatives Considered

    In accordance with the National Environmental Policy Act (NEPA), 
GSA has considered a range of alternatives to the preferred alternative 
that could feasibly attain the basic objectives of the proposed 
project. In addition to the preferred alternative, four other 
alternatives (a reduced intensity alternative, the Lot B alternative, 
the expansion alternative and the no action alternative) have been 
analyzed within the EIS and are representative of a reasonable range of 
alternatives.

A. Preferred Alternative

    The preferred alternative site, which is owned by both the Southern 
Pacific Railroad and the City of Sacramento, encompasses approximately 
2.50 acres. The site is bounded by H Street to the North, I Street to 
the South, 5th Street to the West and 6th Street to the East, within 
the City of Sacramento. The block is currently irregular in shape and 
must be reconfigured as a standard city block by realigning and 
extending 5th and H Streets. The site is a full City block, which 
provides the space required to meet both current court facility needs 
and the projected court needs through the year 2020.
    The preferred site is located within the boundaries of the Merged 
Downtown Redevelopment Project Area, and is also within the boundaries 
of the proposed Railyards Specific Plan. This alternative is consistent 
with redevelopment plans for the Railyards area and will provide a 
catalyst for development in the Railyards. The project site promotes 
local land use and redevelopment goals. It is located in proximity to 
existing and light rail transits system and is near the path of its 
planned extension. This location will promote use of a transportation 
means that is environmentally superior to single occupancy vehicle. By 
virtue of its proximity of the County Jail and the Hall of Justice, the 
location presents the potential for operational efficiencies that are 
not present at the other alternatives. The proximity of these buildings 
to each other would make the transportation of incarcerated individuals 
both easier and safer. Additionally, the preferred alternative is 
located in proximity to the City's new Central Library, located at 8th 
and I Streets, Downtown Plaza, a regional shopping center located 
between 4th and 7th Streets along K Street and Plaza Park, located at 
8th and I Streets. These locational amenities add to the attraction of 
the preferred alternative site.
    There are no wetlands on the project site nor is the site within 
the 100-year floodplain. Sacramento is located within Seismic Zone 3 on 
a scale of 1 to 4, with 4 as having the highest risk of seismic events 
and potential severity. No known active faults or Alquist-Priolo 
Special Study Zones occur in or adjacent to the City of Sacramento. An 
Alquist-Priolo Zone is a designation given by the State Geologist who 
assures that homes, offices, public buildings, and other structures for 
human occupancy are not built on active faults. The designation 
requires that a geological investigation be conducted before a local 
government can approve a development project located within the special 
study zone.

B. The Reduced Intensity Alternative

    The reduced intensity alternative is identical to the preferred 
alternative except that a wing or annex would not be constructed. The 
building constructed under this alternative would remain at 
approximately 380,100 square through the year 2020. As new courtrooms 
are needed by the Eastern District, approximately the top seven floors 
would be converted from office space to courtroom space as under the 
preferred alternative. Under the reduced intensity alternative, 
however, the federal workers displaced by this conversion would move 
into lease quarters in the Sacramento area instead of being 
accommodated on site. The reduced intensity alternative is found to be 
infeasible because it does not provide for long-term growth of the 
federal courts. The building proposed under the reduced intensity 
alternative would not provide adequate space through the year 2020. In 
addition, as conversion from office to courtroom space takes place, 
federal workers would have to move into leased space or additional 
space would have to be constructed off-site.

C. Lot B Alternative

    Under this alternative, a building similar to that described in the 
``Preferred Alternative'' section would be constructed on the City of 
Sacramento's Lot B, which is bounded by H Street on the north, I Street 
on the south, 10th Street on the west and 11th Street on the east. This 
site, which is owned by the City of Sacramento is currently used for 
City employee parking. Land uses surrounding the two story parking 
structure include residential and motel uses to the north, City Hall 
office buildings to the west, a high rise parking structure with ground 
level commercial structures to the south, restaurant, commercial and 
residential structures to the east, and Plaza Park and the Sacramento 
Central Library to the southwest. Like the preferred alternative site, 
the Lot B site is owned by the City and is of adequate size to meet 
current and future court needs. It is also located within the City's 
Central Business District and is in proximity to light rail, the City's 
new library and Plaza Park. The site is not, however, located as 
conveniently close to the County jail as the preferred alternative 
site. The Lot B Alternative is, however, infeasible as the State of 
California has recently selected this site for the location of a new 
State office building and the City has agreed to sell the property to 
the State. The Lot B site is, therefore, not available for the 
Courthouse.

D. Expansion Alternative

    The John E. Moss Federal Building is a nine-story federal office 
building located at 650 Capitol Mall in downtown Sacramento. Under this 
project alternative, an annex would be constructed against the south 
wall of the Moss Building. A parking lot for federal employees now 
occupies the proposed annex site. The land uses surrounding the site 
consist of the City's Lot A parking garage to the north, high density 
residential uses (apartments and townhouses) to the south, and State of 
California offices to the east and the IBM and Wells Fargo towers to 
the west. Under this alternative, an approximately 250,000 square foot 
annex to the existing John E. Moss Federal Building-US Courthouse would 
be constructed against the south wall of the Moss Building. The 
proposed annex would occupy the approximately 20,000 square foot 
parking area to the south of the Building. It would house a new 
district courtroom, a new and a relocated magistrate courtroom, a jury 
assembly area, lobbies and corridors, elevators and ancillary 
facilities. The proposed annex would be 13 floors in height. Parking 
for 250 cars would be provided in a subterran two-level parking garage 
beneath the annex. Approximately 28,000 cubic yards of material would 
have to be excavated in order to accommodate a parking area of this 
size. Because this site could not meet the courts projected space needs 
over the current planning period, other space would eventually have to 
be leased or constructed. The expansion alternative is infeasible 
because it does not provide adequate space to meet the court's current 
or projected needs.

E. No Action Alternative

    Under the no action alternative, the City of Sacramento would 
retain possession of the proposed site, and no Federal building would 
be constructed there, or any other location. The U.S. Court for the 
Eastern District of California would either reduce its space needs in 
the Sacramento area, or accommodate its future growth by some other 
means. The projected increase in the federal presence in the Sacramento 
area is not contingent upon the construction of a Courthouse/Federal 
Building. The rate of growth in all categories of federal employees 
(including judicial and executive branch agencies) is projected to be 
the same, regardless of whether the proposed building is constructed.

III. Mitigation Measures

    All practicable means to avoid or minimize impacts to the area are 
being considered in the development of the project. GSA received a 
number of comments and mitigation suggestions from concerned citizens, 
and interested and responsible local, state, and Federal agencies.
    Significant impacts were identified and mitigation measures were 
set forth in the EIS. The mitigation measures proposed in the EIS that 
can be implemented were adopted by GSA.

A. Air Quality

    There are several potential areas of impact to air quality. 
Construction activities will exceed the SMAQMD NOx and SMAQMD PM10 
emission thresholds. This will be significant and unavoidable. The 
construction management plan developed for the project will reduce 
vehicle emission by reducing vehicle idling time and vehicle miles 
traveled. Specifically it will:
    1. Route construction trips to avoid congested streets. 
Construction traffic ingress and egress will be controlled so as to 
avoid long queues of construction vehicles entering and leaving the 
site. Vehicles will enter and leave via the staging area. Appropriate 
traffic controls will be established on public roadways where project 
traffic enters and leaves the site.
    2. Electrical power for construction activities will be obtained 
from power poles instead of electrical generators (when feasible).
    3. Methanol or natural gas will be used for mobile construction 
equipment instead of diesel (when feasible).
    4. Trucks will not idle for more than two minutes.
    5. Active portions of the project site will be watered twice daily.
    6. Non-toxic soil stabilizers will be applied to graded areas to be 
inactive for 10 days or more.
    7. Excavation and grading will be suspended when the wind speed (as 
instantaneous gusts) exceeds 25 miles per hour.
    8. Trucks carrying earth material off-site will be covered.
    9. Paved streets adjacent to the construction site will be swept as 
needed to remove dust and silt that may have accumulated as a result of 
construction activities, and all construction requiring heavy equipment 
will be curtailed during second stage smog alerts.
    Mitigation Measures are feasible and required, but the impact is 
unavoidable. The primary source of construction-related NOx 
emissions are gasoline and diesel-powered heavy duty mobile 
construction equipment. The above mitigation measures will reduce the 
short-term significant impact of construction activities by restricting 
use of mobile construction equipment such that NOx, ROC and CO 
concentrations from Project construction are minimized. These measures, 
however, will only partially reduce the impact. The impact remains 
significant and unavoidable.
    The project's direct and indirect emissions are less than the de 
minimis thresholds, as defined in Section 176 of the 1990 Amendments to 
the Clean Air Act. Therefore, the subject project is exempt from the 
final conformity rule and a conformity determination need to be 
prepared. The information has been provided to the regional office of 
the Environmental Protection Agency.

B. Noise

    Implementation of this alternative would expose surrounding land 
uses to short-term noise levels in excess of City threshold levels. 
This impact is considered significant and unavoidable. Site preparation 
and construction activities shall comply with the City of Sacramento 
Noise Ordinance limiting construction activities to the hours between 7 
a.m. and 6 p.m., Monday through Friday, and 9 a.m. and 6 p.m. on 
Saturday as a maximum. All construction equipment fixed or mobile shall 
be in proper operating condition and fitted with standard silencing 
features. Prior to construction activities, a solid wood construction 
barrier will be erected around the exterior perimeter of the project 
sites to minimize noise intrusion into surrounding residential land 
uses. An outside construction manager will ensure that all noise 
mitigation measures are implemented. In addition, the construction 
manager will handle any complaints regarding noise that may arise as a 
result of construction. The mitigation measure will reduce, but not 
entirely eliminate, construction noise impacts resulting from the 
project. The impact remains significant and unavoidable.

C. Archaeological and Historical

    The implementation of the preferred alternative will have an impact 
on archaeological and historic resources. The American Railway Express 
Building is a building which has been determined eligible, by 
consensus, for inclusion on the National Register of Historic Places. A 
portion of the structure which is the loading dock has been removed by 
the City after the concurrence of the State Historic Preservation 
Officer and Advisory Council. This is considered a significant 
unavoidable impact. The loading dock structure was recorded through 
mapping, photography, textual description, and drawings along with a 
narrative description and history of the structure.
    Mitigation has GSA consulting with the State Historic Preservation 
Officer to seek ways to avoid or reduce the effect on historic 
properties. In addition, GSA will cooperate to the extent feasible, in 
plans to preserve the historic structure which would be affected by the 
proposed project. The mitigation measure is feasible and will reduce 
impacts to historical resources through recordation. However, impacts 
to the physical structure through demolition cannot be reduced to a 
less-than-significant level.
    Another potential impact is the scale and style of the proposed 
courthouse may not be compatible with the surrounding historically 
significant structures. This is considered a significant unavoidable 
impact. By using the Secretary of the Interior's Standards for 
Rehabilitation and Guidelines for Rehabilitation of Historic Buildings 
as a resource document, the project will employ project design 
standards which make thorough use of existing historic context. The 
project design standards for new construction will consider the 
existing historic context in determining: mass, size, scale, materials, 
texture, setback, and architectural features. The mitigation measure is 
feasible and will partially reduce compatibility impacts, but not to a 
less-than-significant level.
    The General Services Administration believes that there are no 
outstanding issues to be resolved with respect to the proposed project. 
For additional information associated with the new U.S. Courthouse-
Federal Building may be directed to Mr. Lou Lopez, Planning Staff 
(9PL), U.S. General Services Administration, 525 Market Street, San 
Francisco, CA 94105, (415) 744-5256.

    Dated: October 13, 1994.
Aki K. Nakao,
Acting Regional Administrator (9A).
[FR Doc. 94-26576 Filed 10-26-94; 8:45 am]
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