BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: Title
Authorize the Chief Executive Officer to Execute the Exclusive Negotiations Agreement Among Santa Clara Valley Water District, the City of San Jose, and the City of Santa Clara, for Real Property to Develop the Proposed Pure Water Silicon Valley Project.
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RECOMMENDATION: Recommendation
Authorize the Chief Executive Officer to execute the Exclusive Negotiations Agreement among Santa Clara Valley Water District, the City of San Jose, and the City of Santa Clara, for Real Property to develop the proposed Pure Water Silicon Valley Project.
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SUMMARY:
The City of San Jose, City of Santa Clara (Cities) and Santa Clara Valley Water District (Valley Water) are partnering on the Pure Water Silicon Valley (PWSV) project to develop a direct potable reuse (DPR) project adjacent to the Silicon Valley Advanced Water Purification Center (SVAWPC) with a goal of producing 24,000 Acre-feet per Year (AFY) of purified water to ensure a sustainable future water supply for our communities.
At the August 19, 2025, joint San Jose City Council and Valley Water Board of Directors (Board) meeting, staff presented progress on the PWSV, including the plan to develop an Exclusive Negotiation Agreement (ENA) for the proposed site of the PWSV. Valley Water is seeking the Cities’ assurance that the land proposed for the PWSV will be available for a minimum of 3 years before making significant upfront planning and study investments. The ENA will reserve the land while the parties negotiate the agreements required for the PWSV. Staff completed the ENA (Attachment 1) for approval by the City councils and Valley Water Board and execution by the Chief Executive Officer (CEO).
The Recycled Water Committee (RWC) has received monthly updates on the PWSV, including development of the ENA. The City of San José plans to update its Treatment Plant Advisory Committee (TPAC), which includes elected officials from Santa Clara and tributary agencies. The Joint Recycled Water Policy Advisory Committee (JRWPAC) meeting is scheduled for April and will receive an update, however given that the agreement was completed by staff, the Cities and Valley Water are proceeding with execution of the agreement.
ENVIRONMENTAL JUSTICE IMPACT:
There are no environmental justice impacts associated with this item. This action is unlikely to or will not result in adverse impacts.
FINANCIAL IMPACT:
There is no financial impact.
CEQA:
Section 15378 of the CEQA Guidelines defines a “project” as the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The negotiation and execution of the Agreement are administrative in nature and do not constitute a project under CEQA because they do not have a potential for resulting in direct or reasonably foreseeable indirect physical change in the environment. Any other proposed actions under this agreement will be subject to further CEQA review if required before implementation.
ATTACHMENTS:
Attachment 1: Agreement
UNCLASSIFIED MANAGER: Manager
Kirsten Struve, 408-630-3138