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

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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