BOARD AGENDA MEMORANDUM
Government Code ? 84308 Applies: Yes ? No ?
(If "YES" Complete Attachment A - Gov. Code ? 84308)
SUBJECT: Title
Adopt a Resolution Making Responsible Agency Findings Under the California Environmental Quality Act and Approve and Authorize the Interim Chief Executive Officer to Negotiate and Execute the Site Works Agreement Among Valley Water, the City of San Jose, and Microsoft Corporation.
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RECOMMENDATION: Recommendation
A. Adopt the Resolution CONSIDERING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE SAN JOSE DATA CENTER PROJECT AND ITS ADDENDUM AND MAKING CEQA RESPONSIBLE AGENCY FINDINGS FOR THE SITE WORKS AGREEMENT; and
B. Authorize the Interim Chief Executive Officer to negotiate and execute the Site Works Agreement among Valley Water, the City of San Jos?, and Microsoft Corporation, in substantially the same form as the attached draft and sign the Notice of Determination.
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SUMMARY:
Microsoft Corporation (Microsoft) is developing a new data center on private property to the east of the existing Silicon Valley Advanced Water Purification Center (SVAWPC). As part of this project, Microsoft will be extending and modifying McCarthy Lane, which conflicts with the current location of the SVAWPC visitor center trailer. To address this conflict, Microsoft, Valley Water, and the City of San Jos? negotiated an agreement (Site Works Agreement) to construct a new parking lot and certain required improvements and move the visitor center trailer. Under the Site Works Agreement (Attachment 2), Microsoft would perform the following work at no cost to Valley Water:
* Construct a new visitor parking lot with 48 vehicle and three bus parking spaces adjacent to the SVAWPC, including storm drainage, utility and communication connections and landscaping;
* Relocate the current visitor center trailer to the new parking lot, including packing and unpacking of contents;
* Relocate signage and install security fencing;
* Move man...
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