18A - HEARING OFFICERS RPRT - Laserfiche WebLink

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REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: November 17, 2008 TITLE: HEARING OFFICER'S REPORT RECONlD~NDATION RELATED TO VICIOUS DOG DECLARATION tJ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and File appeal of Santa Ana Police Department's vicious dog determination as the appellant has agreed to withdraw his appeal. DISCUSSION On July 10, 2008, Daniel Miller's appeal of a determination by the Santa Ana Animal Control Officer of a vicious dog was received in the Clerk's Office. The Santa Ana Municipal Code assigns responsibility to the Clerk of the Council for setting the appeal hearing, giving proper notice, and following through with subsequent procedures. The hearing on this matter was conducted on May 14, 2008, and the report of the hearing officer was filed with the Clerk of the Council as required. Pursuant to Chapter 3-10 of the Santa Ana Municipal Code, the City Council may adopt or reject the proposed decision in its entirety, or may modify the proposed decision. At its meeting of August 18, 2008, the City Council instructed the Chief of Police to work with the appellant to seek an administrative resolution to this matter. The Chief of Police and the City Attorney's Office notified the Clerk of the Council that the parties have executed a settlement agreement in the matter. As part of this agreement, the appellant has agreed to withdraw his appeal. Our office has received a copy of the settlement agreement signed on November 6, 2008 by both the appellant and the attorney for the appellant. The Clerk of the Council has also received a letter from the appellant's attorney withdrawing his appeal. No further action by the City Council is required in this matter. 18A-1