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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 r 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. ■ bar4 - KELLY T ORE, CITY CLERK