HomeMy WebLinkAbout18A - HEARING OFFICERS RPRTREQUEST 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
Recommendation on Vicious Dog Declaration
November 17, 2008
Page 2
FISCAL IMPACT
The cost of the hearing
available in 11-021-6291.
ratricia ~. Healy
Clerk of the Council
procedure was $4,675.00. Funds were
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
18A-2