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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />November 17, 2008 <br />TITLE: <br />HEARING OFFICER'S REPORT <br />RECObMNDATION RELATED TO VICIOUS <br />DOG DECLARATION <br />tJ?? <br />CITY MANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />? As Recommended <br />? As Amended <br />? Ordinance on 1:t Reading <br />? Ordinance on 2nd Reading <br />? Implementing Resolution <br />? Set Public Hearing For <br />CONTINUED TO <br />FILE NUMBER <br />Receive and File appeal of Santa Ana Police Department's vicious dog <br />determination as the appellant has agreed to withdraw his appeal. <br />DISCUSSION <br />On July 10, 2008, Daniel Miller's appeal of a determination by the <br />Santa Ana Animal Control Officer of a vicious dog was received in the <br />Clerk's Office. <br />The Santa Ana Municipal Code assigns responsibility to the Clerk of <br />the Council for setting the appeal hearing, giving proper notice, <br />and following through with subsequent procedures. The hearing on <br />this matter was conducted on May 14, 2008, and the report of the <br />hearing officer was filed with the Clerk of the Council as required. <br />Pursuant to Chapter 3-10 of the Santa Ana Municipal Code, the City <br />Council may adopt or reject the proposed decision in its entirety, <br />or may modify the proposed decision. At its meeting of August 18, <br />2008, the City Council instructed the Chief of Police to work with <br />the appellant to seek an administrative resolution to this matter. <br />The Chief of Police and the City Attorney's Office notified the <br />Clerk of the Council that the parties have executed a settlement <br />agreement in the matter. As part of this agreement, the appellant <br />has agreed to withdraw his appeal. <br />Our office has received a copy of the settlement agreement signed on <br />November 6, 2008 by both the appellant and the attorney for the <br />appellant. The Clerk of the Council has also received a letter from <br />the appellant's attorney withdrawing his appeal. No further action <br />by the City Council is required in this matter. <br />18A-1