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• Persons wishing to address the Board of Directors on any item on the agenda or not on the agenda should complete a blue card located at the public information table and hand it to the Board Secretary staff prior to the meeting or before the item is heard. Speakers will be called to address the Board when their agenda item(s) arise during the meeting and are asked to limit their comments to 2 minutes. If presenting handout materials, please provide 25 copies to the Board Secretary for distribution to the Board of Directors.
  
  
• The Consent Agenda items may be voted on in one motion at the beginning of the meeting. If you wish to discuss any of these items, please request the item be removed from the Consent Agenda by completing a blue card at the public information table and handing it to the Board Secretary staff prior to the meeting or prior to the Consent Agenda being heard.
  
  
• All reports for items on the open meeting agenda are available for review in the Board Secretary’s Office, 3331 North First Street, San Jose, California, (408) 321-5680, the Monday, Tuesday, and Wednesday prior to the meeting. This information is available on our website, www.vta.org, and also at the meeting.

In compliance with the Americans with Disabilities Act (ADA), those requiring accommodations for this meeting should notify the Board Secretary’s Office 48 hours prior to the meeting at (408) 321-5680 or e-mail: board.secretary@vta.org or TDD: (408) 321-2330. VTA’s Home page is on the Web at: http://www.vta.org

1.	CALL TO ORDER
2.	ROLL CALL
3.	ADJOURN TO CLOSED SESSION A. Conference with Labor Negotiators [Government Code Section 54957.6] Employee Organizations: Amalgamated Transit Union (ATU) Local 265 VTA Designated Representatives: Kaye L. Evelth, Chief Administrative Officer Matthew O. Tucker, Chief Operating Officer Robert Escobar, Manager, Office of Employee B. Pending Litigation Conference with Legal Counsel [Government Code Section 54956.9(a)] Name of Case: CEMA v. VTA, etc; VTA v. Rea (Acting Director of State of California Department of Industrial Relations) etc; CEMA v. AFSCME (Santa Clara County Superior Court Case No. 1-03 CV 006 149) C. RelationsConference with Real Property Negotiator [Government Code Section 54956.8] Property: Approximately 47 acres, at Newhall Yard in the Cities of San Jose and Santa Clara between Newhall Street and Brokaw Road Negotiator for VTA: Jack Collins, Chief Construction Officer Negotiators for Union Pacific Railroad: Rick Gooch, Director of Special Properties; Jerry Wilmoth, General Manager, Network Infrastructure. Under negotiation: Price, terms of payment and consideration for purchase of Newhall Yard, including track improvements and fees for increased Caltrain service to Gilroy. D. Public Employee Performance Evaluation [Government Code Section 54957] Title: General Manager Title: General Counsel RECONVENE TO OPEN SESSION
4.	CLOSED SESSION REPORT A. Approve the following conditions of settlement in connection with VTA-ATU Pension Board deadlock arbitration of application over Pension Fund Incorrect Payments Policy: Authorize current service retirees who reinstate to re-retire under current pension plan terms, subject to limitations set forth in the proposed settlement agreement.
5.	ORDERS OF THE DAY
6.	AWARDS AND COMMENDATIONS Employees of the Month for November 2004
6.X.	Resolution for Retiring VTA Employee John Bradley Manfull.
7.	PUBLIC PRESENTATIONS This portion of the meeting is reserved for persons desiring to address the Board of Directors on any item within the Boards jurisdiction. Speakers are limited to 2 minutes. The law does not permit Board action or extended discussion of any item not on the agenda except under special circumstances. If Board action is requested, the matter can be placed on a subsequent agenda. All statements that require a response will be referred to staff for reply in writing.
8.	Policy Advisory Committee (PAC) Chairpersons Report. (Sandoval)
CONSENT AGENDA
9.	Approve the Minutes of the Board Workshop Meeting of October 1, 2004
10.	Approve the Minutes of the Regular Board of Directors Meeting of October 7, 2004.
	ADMINISTRATION AND FINANCE COMMITTEE
11.	Authorize the General Manager to execute a $93,000 one-year option for the contract with Driver Alliant Insurance Services, Incorporated (formerly Robert F. Driver Company, Incorporated), to continue to provide insurance brokerage and loss control service for VTA operations. Including this option, the total contract will be $357,555.
12.	Authorize the General Manager to execute a $94,485, two and one half year extension to the contract with Aon Risk Services of Northern California (Aon) for insurance brokerage, and Owner-Controlled Insurance Program (OCIP) administration associated with the Highway Construction Program. With the addition of the extension the total contract value will be $979,834.
13.	Ratify the appointment of Noel Tebo to the Citizens Advisory Committee (CAC) position representing the City of San Jose.
14.	14. Ratify appointment of Scott Chan to the Bicycle and Pedestrian Advisory Committee (BPAC) representing the City of Los Altos.
15.	Approve the FY 2006 and FY 2007 Biennial Budget Assumptions.
	CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE
	There were no items submitted for the Consent Agenda by the Congestion Management Program and Planning Committee.
	TRANSIT PLANNING AND OPERATIONS COMMITTEE
16.	Authorize the General Manager to extend the contract with Bright Horizons Childrens Centers, Inc., for five years to continue the operation of the Tamien Child Care Center at no cost to VTA.
17.	Authorize the General Manager to execute a contract in the amount of $1,113,459 with Robert A. Bothman, the lowest responsible bidder for the Rehabilitation of Palo Alto University Avenue Railroad Depot Project. This project is 80 percent federally funded.
18.	Authorize the General Manager to execute a contract in the amount of $1,198,671 with Stacy and Witbeck, Inc., the sole bidder for the Rail Rehabilitation at First Street and San Carlos Street. This construction contract is 50 percent federally funded.
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REGULAR AGENDA
	ADMINISTRATION AND FINANCE COMMITTEE CHAIRPERSON'S REPORT - (See Agenda Item #22.A.)
19.	Authorize the General Manager to execute a contract with General Networks Corporation for the supply of software licenses and consulting services for implementation of an electronic document management system (EDMS) pilot project in an amount not to exceed $600,000.
	CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE CHAIRPERSON'S REPORT - (See Agenda Item #22.B.)
	There were no items submitted for the Regular Agenda by the Congestion Management Program and Planning Committee.
	TRANSIT PLANNING AND OPERATIONS COMMITTEE CHAIRPERSON'S REPORT - (See Agenda Item #22.C.)
	There were no items submitted for the Regular Agenda by the Transit Planning and Operations Committee.
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OTHER ITEMS
20.	ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION
21.	LEGISLATIVE REPORT
22.	SUMMARY MINUTES FROM STANDING COMMITTEES A. Administration and Finance Committee B. Congestion Management Program and Planning Committee C. Transit Planning and Operations Committee
23.	REPORTS FROM ADVISORY COMMITTEES A. Committee for Transit Accessibility (CTA) B. Citizens Advisory Committee (CAC) C. Bicycle & Pedestrian Advisory Committee (BPAC) D. Technical Advisory Committee (TAC) E. Policy Advisory Committee (PAC) F. Community Oriented Design Enhancement Committee (CODE)
24.	REPORTS FROM JOINT POWERS BOARDS (JPBs) & REGIONAL COMMISSIONS A. Peninsula Corridor JPB B. Capitol Corridor JPB C. Metropolitan Transportation Commission (MTC)
25.	REPORTS FROM VTA POLICY ADVISORY BOARDS (PABs) A. Vasona Light Rail PAB (No Meeting Scheduled) B. Silicon Valley Rapid Transit Corridor PAB (October Meeting Canceled) C. Downtown East Valley PAB D. Highway PAB South (No Meeting Scheduled)
26.	REPORT FROM THE NOMINATING COMMITTEE (Gage)
27.	ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON (Gage)
28.	REPORT FROM THE CHAIRPERSON (Verbal Report) Adopt the Year 2005 Board of Directors Meeting Schedule.
29.	REPORT FROM THE GENERAL MANAGER (Verbal Report)
30.	ANNOUNCEMENTS
31.	ADJOURN
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