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107 After discussion, Council instructed staff to communicate with PG&E and the PUC to find a mechanism that would require PG&E to move the poles at their expense, stating the City will allow use of city easements for this purpose. If this cannot be done, the City will consider spending the money to correct the dangerous situation on Foothill Road. Liability Insurance Pool Analysis Mr. Walker presented the report of the Director of Finance (IR 86:75) dat- ed September 2, 1986, regarding this matter. No action was required or taken by Council on the item. Establishment of a Tie Vote Procedure for November 4, 1986 Election Mr. Walker presented the report of the Assistant to the City Manager (SR 86:385), dated September 2, 1986, regarding this matter. It was moved by Councilmember Butler, and seconded by Councilmember Mer- cer, that Resolution No. 86-420, ordering a special runoff election in case of a tie vote at the November 4, 1986 Election, be adopted. The roll call vote was as follows: AYES: Councilmembers Butler, Mercer, Mohr, Wood, and Mayor Brandes NOES: None ABSENT: None Approval of Improvement Agreement for Construction of Storm Drainage and Park- ing Facilities over Pleasanton Canal - Hopyard A~sociates Mr. Elliott presented his report (SR 86:382), dated September 2, 1986, regarding this matter. Mr. Tom Burns, representing Hopyard Partners, reviewed background informa- tion relating to agreements to allow Hopyard Partners to allow construction of buildings. He stated he agreed to the recent stipulation that Hopyard Partners be liable for one half of the cost of replacement of the watercourse structure when it occurs in approximately 100 years, or enter into an assess- ment district. Mr. Burns stated there have been many delays because of title defect, numerous changes to the draft agreements, and engineering problems which resulted from both City and Zone 7 difficulties due to question of loca- tion of easements in land swap, boundary location question, and several revi- sions to easements that Hopyard Partners is granting the City and Zone 7 to get.the public into the additional parking. He advised Hopyard Partners will agree to share in the future costs of the watercourse structure replacement. He stated that Le Petit Academy is ready to begin construction of their build- ing. He stated that because of the above mentioned delays Hopyard Partners has not begun construction of the parking structure. He asked they be allowed to submit proof that they intend to start construction as soon as possible. He suggested the assignment of construction financing, cash deposit, and post- ing a letter of credit to show good faith to commence the parking facilities. He asked for a clause to protect them against delays caused by weather, earth- quake, or other circumstances beyond their control. After discussion, it was moved by Councilmember Butler, and seconded by Councilmember Mercer, that Resolution No. 86-421, amending the August 5, 1986 Easement Agreement to allow construction to proceed as soon as construction of the parking facility has commenced; once started occupancy will be allowed, and approving the Improvement Agreement for construction of storm drainage and parking facilities over Pleasanton Canal Hopyard Partners, be adopted. The roll call vote was as follows: 6 - 9-2-66