Resolution No. 4504
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RESOLUTION NO. 4504
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON DETERMINING THE DISABILITY
OF WARREN P. MUSGRAVE, A LOCAL SAFETY
MEMBER EMPLOYED BY THE CITY OF VERNON
~2l024 & 21025 Government Code)
WHEREAS, the City of Vernon (hereinafter referred to as
7 "Agency") is a contracting Agency of the Public Employees Retire-
8 ment System; and
9 WHEREAS, the Public Employees Retirement Law requires
10 that a contracting agency determine whether an employee of such
11 Agency in employment in which he is classified as a Local Safety
12 Member is disabled for the purposes of the Public Employees Re-
13 tirement Law and whether such disability is "industrial" within
14 the meaning of such law; and
15 WHEREAS, by this Resolution the Agency is hereby filing
16 an application for the disability retirement of WARREN P. MUSGRAV
17 employed by the Agency in the position of Battalion Chief; and
18 WHEREAS, the City Council of the City of Vernon has re- '
19 viewed the medical and other evidence relevant to such alleged
20 disability.
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NOW, THEREFORE, BE IT RESOLVED:
SECTION 1: That the City of Vernon find and determine
24 and it does hereby find and determine, that WARREN P. MUSGRAVE is
25 incapacitated within the meaning of the Public Employees Retire-
26 ment Law for performance of his duties in the position of Bat-
27 ta1ion Chief for the City of Vernon.
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SECTION 2: That the City of Vernon find and determine
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1 and it does hereby find and determine, that such disability is a
2 result of injury or disease arising out of and in the course of
3 employment and neither WARREN P. MUSGRAVE nor the Agency has
4 applied to the Workmens' Compensation Appeals Board for a deter-
5 mination pursuant to section 21026 whether such disability is
6 industrial.
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SECTION 3: That the City Council of the City of Vernon
8 determine that such disability became permanent and stationary
9 on March 30, 1975, as determined by the Workmens' Compensation
10 Appeals Board on July 12, 1977 and said disabi1ityis determined
11 to be of a permanent nature, and said WARREN P. MUSGRAVE is re-
12 moved from the City payroll on November 1, 1977.
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SECTION 4: That the City Clerk of the City of Vernon
14 shall certify to the passage of this Resolution and thereupon and
15 thereafter the same shall be in full force and effect.
16 ADOPTED AND APPROVED this 1st day of November, 1977.
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. L NIS . ~ L G, Mayo
ATTEST:
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BRUCE V. MAL ... C ty Clerk-
Director of Finance
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1 STATE OF CALIFORNIA )
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2 COUNTY OF LOS ANGELES )
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I, BRUCE V. MALKENHORST, CITY CLERK of the City of Vernon,
4 do hereby certify that the foregoing Resolution, being Resolution
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, was duly adopted by the City Council of the City of
4504
6 Vernon, and was approved by the Mayor of said City at a regular
7 meeting of the City Council held on
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November 1. 1977 .
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BRUCE V. LKENHORST, City Clerk
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CITY C UNCIL
LEONlS C. MALBURG. MAYOR
HILARIO GONZALES
KEITH K. KAESER
WILLIAM M. McCORMICK
THOMAS A. YBARRA
,
OFFICERS
BRUCE V. MALKENHORST.
CITY CLERK. DIRECTOR OF FINANCE
TELEPHONES
CITY CLERK . - . . - - 583.8811
POLICE DEPT. - . - 587-5171
FIRE DI!PT. . . _ - 583-4821
BUILDING DEPT. - - 583-8811
PUBLIC WORKS DEPT. 583-8811
HEALTH DEPT. - -. 583-8811
J. A. VENEZIA. CITY TREASURER
DAVID B. BREARL..EY, CITY ATTORNEY
ARTHUR E. NELSON. JR.,
DIRECTOR OF PUBLIC WORKS/BuILDING
C. E. NEMETHI, M.D.. HEALTH OFFICER
FRED H. COLVIN, FIRE CHIEF
SPENCER E. HOGAN. POLICE CHIEF
CITY HALL
4305 SANTA FE AVENUE, VERNON. CALIFORNIA 90058
November 2, 1977
IN REPLY REFER TO:
Disablit~ Retirement
Warren P. M9Jsgrave
PUBLIC EMPLOYEES RETIREMENT SYSTEM
P.O. BOX 2953
Sacramento, Cal if. 95809
A TTN: Mr. Richard Williams
BENEFITS 044
Dear Mr. Wi II iams;
Enclosed is a coPY of Resolution No. 4504f concerning Warren Po Musgrave.
Mr. Musgrave is exoeriencing financial difficulties and it is imperative that you process
this application for disabil ity retirement as soon as possible.
Therefore, will you please calculate his disability benefits and include all options
available to Mr. Musgrave 0 His beneficiary is his wife:
Mrs. Ruth Ann Musgrave
Soc. Security 1/ 552-38-8312
Birthdate: October 27, 1932
If you have any need for further information, please contact Mr. Musgrave at
714- 521-3797.
It is my understanding that the paperwork can be completed prior to December 10, 1977
and that the first disability payment can begin on January I, 1978.
If you need any further information from the City, please contact me or the City Attorney 1
Dav1 dB. Brearley.
Very Truly Yours;
6~1'r~ y/~UL~
Bruce V. Malkenhorst
City Clerk/ Director of Finance
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CITY COUNCIL
LEONIS C. MALBURG, MAYOR
HILARIO GONZAL.ES
KEITH K. KAESER
WILLIAM M. McCORMICK
THOMAS A. YBARRA
TELEPHONES
CITY CLERK - - -
POLICE DEPT. - - .
FIRE DEPT. - - . -
BUILDING DEPT. --
PUBLIC WORKS DEPT.
HEALTH DEPT. . - .
- 583-8811
- 587-5171
583-4821
583-8811
583-8811
583.8811
CITY HALL
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..0 J1 ~ OFFICERS
;~~r CIT:~~E;~ ~.D~:':~~~~~;>~'~:.NCE
J. A. VENEZIA. CITY TREASURER
DAVID B. BREARLEY, CITY ATTORNEY
ARTHUR E. NELSON, JR.,
DIRECTOR OF PUBLIC WORKS/BuILDING
C. E. NEMETHI. M.D.. HEALTH OFFICER
FRED H. COLVIN, FIRE CHIEF
SPENCER E. HOGAN. POLICE CHIEF
4305 SANTA FE AVENUE, VERNON. CALIFORNIA 90058
October 20, 1977
City Council
City of Vernon
Cali fornia
IN REPLY REFER TO:
Honorable Members:
It is respectfully requested that the recommenda-
tion of the Finance Committee at its meeting held October l7,
1977, that Fire Department Battalion Chief, Warren P. Musgrave
be retired because of his industrial disability, be approved.
As a part and condition of the above recommendation,
the City Clerk was to write to Mr. Musgrave notifying him of
the recommended action to be taken by the Council. A copy of
said communication, dated October 20, 1977, addressed to Mr.
Warren P. Musgrave is attached hereto.
Thank you for your consideration of this request.
Yours very truly,
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BRUCE V. MALKENHORST
City C1erk-
Director of Finance
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Enclosure
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. BOARD OF FIRE
COMMISSIONERS
NOV i 1977
FIRE DEPARTMENT
F. H. COLVIN, FIRE CHIEF
L. C. MALBURG, CHAIRMAN
T. A. YBARRA
W. M. MCCORMICK
FIRE HEADQUARTERS
AND
ADMINISTRATIVE OFFICE
3375 FRUITLAND AVENUE
583.1666
PHONE
583.4821
VERNON. CALIFORNIA 90058
October 27, 1977
City Council
City of Vernon
California
Honorable Members:
I, the undersigned, Battalion Chief, Warren
P. Musgrave, I.D. 123, respectfully request to be
granted a formal hearing regarding my pending disabil-
ity retirement, before the City Councilor other mutu-
ally agreed upon hearing panel, at the next regularly
scheduled meeting November 1, 1977.
I intend to represent myself at said hearing
and will have no one else with me to speak on my behalf.
Respectfully submitte~
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WARREN P. MUSGRA V" .
Battalion Chief
Vernon Fire Department
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CITY COUNCIL
LEONIS C. MALBURG, MAYOR
HILARIO GONZALES
KEITH K. KAESER
WILLIAM M. McCORMICK
THOMAS A. YBARRA
TELEPHONES
CITY CLERK - - - - - - 583.8811
POLICE DEPT. - - _ _ - 587-5171
FIRE DEPT. - - - - - 583 -4821
BUILDING DEPT. - - 583-8811
PUBLIC WORKS DEPT. 583.8811
HEALTH DEPT. - - - - 583-8811
OFFICERS
BRUCE V. MALKENHORST.
CITY CLERK. DIRECTOR OF FINANCE
J. A. VENEZIA. CITY TREASURER
DAVID B. BREARLEY. CITY ATTORNEY
ARTHUR E. NELSON. JR..
DIRECTOR OF PUBLIC WORKS/BuILDING
C. E. NEMETHI, M.D.. HEALTH OFFICER
FRED H. COLVIN, FIRE CHIEF
SPENCER E. HOGAN. POLICE CHIEF
CITY HALL
4305 SANTA FE AVENUE, VERNON. CALIFORNIA 90058
October 20, 1977
IN REPLY REFER TO:
Mr. Warren P. Musgrave
l45l5 South Mercado
La Mirada, California 90638
Re: Disability Retirement
Dear Mr. Musgrave:
On October 17, 1977, the Finance Committee consider-
ed the following information in order to determine if the City
should request that you be granted a disability retirement:
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(2)
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(6)
(7)
Reports from the Fullerton Orthopedic Surgery
Medical Group, Dr. John F. Parker, Jr., M.D.,
dated 12-7-74, l2-l6-74 (operation record)
1-6-75, 1-15-75, 12-7-74, 12-19-74, 3-21-75,
6-4-75 (release for duty) 7-2-75, 7-28-75.
St. Jude Hospital, Department of Radiology Xray
Report, 12-15-74.
Fullerton Medical Clinic of Dermatology, Dr. D.
V. Homme, 1-8-75.
Dr. Allan Roberts, M.D., Inc., 5-13-75 and 3-
10-75 (letter re justification for payment of
bill).
University of Southern California School of
Medicine; Dr. Marvin H. Meyers, Associate Profes-
sor - Orthopedic Surgery, lO-17-75.
Dr. Martin S. Goldfarb, M.D., 4-23-75.
Findings and Award, 7-12-77.
(No. 75 BGN 20468)
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Mr. Warren P. Musgrave
Re: Disability Retirement
Page Two
October 20, 1977
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(8) Opinion & Decision, 7-12-77. (No. 75-BGN 20469)
(9) Permanent Disability Rating, 5-24-77 (two separ-
ate ratings).
(lO) Copy of a page of a report of Deposition of Dr.
R. Goldman, l2-6-76.
After consideration of said information, the Committee
recommended that the City Council request that you be granted a
disability retirement.
The City Council will consider the Committee's recom-
mendation at its meeting to be held November 1, 1977. There-
fore, if you wish to submit additional information for considera-
tion, you must transmit such information to the City Clerk's
office prior to October 28, 1977, in order for it to be included
on the City Council Agenda.
The City Council's normal deadline for submitting
written correspondence is 3:00 p.m. on the Friday immediately
preceding the Council's next regularly scheduled meeting.
If you have any questions concerning the above, please
call me.
Yours very truly,
BRUCE V. MALKENHORST
City C1erk-
Director of Finance
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cc: Fire Chief
City Attorney
CITY COUNCIL
LEONIS C. MALBURG. MAYOR
HILARIO GONZALES
KEITH K. KAESER
WILLIAM M. McCORMICK
THOMAS A. YBARRA
TELEPHONES
CITY CLERK . .
POLICE DEPT. . . .
FIRE DEPT. . . . -
BUILDING DEPT. . .
PUBLIC WORKS DEPT.
HEALTH DEPT. . . .
563-6611
567-5171
563-4621
563-66 II
563.66 II
563-6611
OFFICERS
BRUCE V. MALKENHORST.
CITY CLERK - DIRECTOR OF FINANCE
J. A. VENEZIA. CITY TREASURER
DAVID B. BREARLEY. CITY ATTORNEY
ARTHUR E. NELSON. JR..
.DIRECTOR OF PUBLIC WORKS/BuILDING
C. E. NEMETHI. M.D.. HEALTH OFFICER
FRED H. COLVIN. FIRE CHIEF
SPENCER E. HOGAN. POLICE CHIEF
CITY HALL
4305 SANTA FE AVENUE. VERNON. CALIFORNIA 90058
IN REPLY REFER TO:
November 8, 1977
Mr. Warren P. Musgrave
14515 South Mercado
La Mirada, California 90638
Dear Mr. Musgrave:
Enclosed please find certified copy of Resolution
No. 4504 - Determining the Disability of Warren P. Musgrave
A Local Safety Member Employed by the City of Vernon (821024
& 21025 Government Code), which was adopted by the City Council
of the City of Vernon at its meeting held November 1, 1977.
If you have any ~uestions, please feel free to con-
tact our office.
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Enclosure
Yours very truly,
Toma1yn Bures
Deputy City Clerk