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485 It was moved by Councilmember Brandes, and seconded by Councilmember Mercer, that the City of Pleasanton expresses its desire and willingness to have the Sewer Committees of the City and VCSD meet to make diligent efforts to reach a mutually agreeable settlement offer to be transmitted to Volk-McLain in settlement of the VCSD/Volk-McLain litigation. Any settlement offer agreed to by the Sewer Committees shall be approved by their respective governing bodies. The amount of any settle- ment paid by City shall be deducted from any buy-in costs. The roll call vote was as follows: AYES: Councilmembers Brandes, Herlihy, LeClaire, Mercer, and Mayor Philcox NOES: None ABSENT: None It was moved by Councilmember Brandes, and seconded by Councilmember Mercer, that the City Council directs staff and the Sewer Committee to continue to pursue with the State, in order to obtain all necessary approvals and funding, the alternative of connecting the City of Pleasanton interceptor sewer line directly to LAVWMA facilities. The above efforts will continue until such time as City and VCSD enter into a mutually acceptable buy-in agreement. The roll call vote was as follows: AYES: Councilmembers Brandes, Herlihy, LeClaire, Mercer, and Mayor Philcox NOES: None ABSENT: None It was moved by Councilmember LeClaire, and seconded by Councilmember Herlihy, that the City Council authorizes the participation by the City, through its City Attorney, as amicus curiae on VCSD's behalf in the present appeal by Volk-McLain of the October 26, 1976, Superior Court judgement in favor of VCSD. The roll call vote was as follows: AYES: Councilmembers Brandes, Herlihy, LeClaire, Mercer, and Mayor Philcox NOES: None ABSENT: None It was moved by Mayor Philcox, and seconded by Councilmember Mercer, that the City's willingness to undertake the course of action set forth in the preceding motions, is dependent upon the execution of a mutually acceptable buy-in agreement between the City and VCSD. The City Council expresses its desire and willingness to continue negotiating a buy-in agreement with VCSD which resolves all differences between the City and VCSD. The roll call vote was as follows: AYES: Councilmembers Brandes, Herlihy, LeClaire, Mercer, and Mayor Philcox NOES: None ABSENT: None It was moved by Councilmember Brandes, and seconded by Councilmember Mercer, that City Council directs the City Manager to transmit to the General Manager of VCSD, with copies to State and VCSD Board, the actions taken by the City Council regarding the buy-in. The transmittal letter shall set forth the reasons why the City cannot accept the position of VCSD regarding contingent liabilities for the Volk-McLain litigation. The roll call vote was as follows: AYES: Councilmembers Brandes, Herlihy, LeClaire, Mercer, and Mayor Philcox NOES: None ABSENT: None 13. 9/13/77