M E M O R A N D U M 05-151

TO: MAYOR HORNADAY AND HOMER CITY COUNCIL

FROM: MARY L. CALHOUN, CMC, CITY CLERK

DATE: SEPTEMBER 13, 2005

SUBJ: REQUEST FOR EXECUTIVE SESSION AS § 44.62.310(C)(1), MATTERS, THE IMMEDIATE KNOWLEDGE OF WHICH WOULD CLEARLY HAVE AN ADVERSE EFFECT UPON THE FINANCES OF THE GOVERNMENT UNIT AND ATTORNEY-CLIENT PRIVILEGE. (HURLEN MEDIATION STRATEGY AND OCEAN DRIVE LOOP BLUFF EROSION CONTROL PROJECT (SEAWALL) PROPOSED MEDIATION)

The City Attorney, Gordon Tans, through the City Manager, requested an Executive Session regarding the Hurlen Mediation which is scheduled for October 4, 2005. Perkins Coie Attorney Mike Kreger, Representing the City on the Hurlen matter, will be conducting the Executive Session with the Council pursuant to Alaska Statute Section 44.62.310(c)(1) and under the Attorney Client Privilege.

The City Manager requests that the Proposed Mediation for the Ocean Drive Loop Bluff Erosion Control (Seawall) Project be added to the Executive Session. City Attorney Tans concurs, with the notation that if Council runs out of Executive Session time at this meeting this matter may be postponed to October 10, 2005, the Council's next scheduled meeting day.

RECOMMENDATION:

Approve the above requests for Executive Session and conduct immediately in the Conference Room.

Fiscal Note: Budgeted. City Attorney costs.