R 4533 RESOLUTION NO. 4533
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DETERMINING THAT SENIOR POLICE
OFFICER MICHELLE COTA SUFFERS FROM AN INDUSTRIAL
DISABILITY PURSUANT TO GOVERNMENT CODE SECTION
21156
WHEREAS, the City of Arroyo Grande (hereinafter referred to as Agency) is a contracting
agency of the Public Employees' Retirement System; and
WHEREAS, the Public Employees' Retirement Law requires that a contracting agency
determine whether an employee of such agency in employment in which she is classified
as a local safety member is disabled for purposes of the Public Employees' Retirement
Law and whether such disability is "industrial" within the meaning of such law; and
WHEREAS, an application for industrial disability retirement of Michelle Cota, employed by
the Agency in the position of Senior Police Officer, has been filed with the Public
Employees' Retirement System; and
WHEREAS, the City Council of the City of Arroyo Grande has reviewed the medical and
other evidence relevant to such alleged disability.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande
as follows:
1. The City Council of the City of Arroyo Grande find and determine and does hereby
find and determine that Michelle Cota is incapacitated within the meaning of the
Public Employees' Retirement Law for performance of her duties in the position of
Senior Police Officer; and hereby find and determine that Michelle Cota is
incapacitated for performance of the usual duties of the position for other California
public agencies in CaIPERS; and
2. That the City Council of the City of Arroyo Grande does hereby find and determine
that such disability is a result of injury or disease arising out of and in the course of
employment; and
3. That neither said Michelle Cota nor the City of Arroyo Grande has applied to the
Workers' Compensation Appeals Board for a determination pursuant to
Government Code Section 21166 whether such disability is industrial; and
4. That the member will be separated from her employment in the position of Senior
Police Officer after expiration of her leave rights under Government Code Section
21164 effective September 19, 2012 and that no dispute as to the expiration of
such leave rights is pending. Her last day on payroll status is September 19, 2012;
and
RESOLUTION NO. 4533
PAGE 2
5. That there is no possibility of third party liability; and
6. That advanced Disability Pension payments will be made bi-weekly in the amount
of$1,579.62 beginning July 12, 2013; and
7. The primary disabling condition is psychological. The member is competent to act
on her own behalf in legally binding retirement matters.
On motion of Council Member Guthrie, seconded by Council Member Brown, and on the
following roll call vote, to wit:
AYES: Council Members Guthrie, Brown, Costello, and Mayor Ferrara
NOES: None
ABSENT: Council Member Ray
the foregoing Resolution was passed and adopted this 9`h day of July 2013.
RESOLUTION NO. y5533
PAGE 3
TONY FE MAYOR
ATTEST:
KELLY WE MO , CITY CLERK
APPROVED AS TO CONTENT:
STEV ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIM HY J. .ARMEL, CITY ATTORNEY
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OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
Resolution No. 4533 is a true, full, and correct copy of said Resolution passed
and adopted at a regular meeting of the City CounciUSuccessor Agency to the
Dissolved Arroyo Grande Redevelopment Agency of the City of Arroyo Grande
on the 9th day of July 2013.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11th
day of July 2013.
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KELLY T ORE, CITY CLERK