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Resolution No. 9698l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ­2 7 28 RESOLUTION NO. 9698 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING THE DISABILITY RETIREMENT OF JAMES A. WOHLT, A LOCAL SAFETY MEMBER EMPLOYED BY THE CITY OF VERNON (GOVERNMENT CODE SECTIONS 21154 AND 21156) WHEREAS, the City of Vernon (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 he/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 such meaning of such Law; and WHEREAS, an application for industrial disability retirement Df James A. Wohlt employed by the Agency in the position of Police Lieutenant in the Vernon Police Department has been filed with the Public Employees' Retirement System ("PERS"); and WHEREAS, on August 2, 2008, Mr. Wohlt's attorney was notified by the City's workers' compensation attorney, Douglas Felchlin, and on August 14, 2008, Willard Yamaguchi notified Mr. Wohit Dy correspondence that the matter of his industrial disability retirement would be considered by the City Council on August 18, 2008; land WHEREAS, the City Council of the City of Vernon has reviewed medical and other evidence relevant to such alleged disability. NOW, THEREFORE,' BE IT RESOLVED BY THE CITY COUNCIL OF THE I CITY OF VERNON AS FOLLOWS: 2 SECTION 1: The City Council of the City of Vernon hereby 3 finds and determines that James A. Wohlt is incapacitated within the 4 meaning of the Public Employees' Retirement Law for performance of his 5 duties in the position of Police Lieutenant in the Vernon Police 6 Department. 7 SECTION 2: The City Council of the City of Vernon hereby 8 finds and determines that such disabilities are a result of injury or 9 disease arising out of and in the course of employment, that neither the 10 City Council of the City of Vernon nor Mr. Wohlt has applied to the 11 Workers' Compensation Appeals Board for a determination pursuant to 12 Government Code Section 21166 whether such disability is industrial, and 13 that there is not a possibility of third -party liability. 14 SECTION 3: James A. Wohlt was separated from his employment 15 in the position of Police Lieutenant after expiration of his rights 16 under Government Code Section 21164, effective February 5, 2006, and 17 that no dispute as to the expiration of such leave rights is pending. 18 His last day on pay status was February 4, 2006. 19 SECTION 4: Advanced Disability Pension Payments will be 20 made in an amount to be determined. 21 SECTION 5: The primary disabling condition is orthopedic. 22 James A. Wohlt is competent to act on his own behalf in legally 23 binding retirement matters. 24 SECTION 6: The City Clerk shall notify Mr. Wohlt of the City 25 Council's determination granting his application for industrial 26 disability retirement. 27 28 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 7: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 18th day of August, 2008. Name: Hilario Gonzales Title: r / Mayor Pro-Tem ATTEST: n4lt,(� &::�� MAINUELA GIRON, Ci y Clerk - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9698, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, August 18, 2008, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. (SEAL) MANUELA N, City Clerk - 4 - CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: August 26, 2008 TO: Willard Yamaguchi, Chief Deputy City Attorney/Risk Manager FRO Nelly Giron, City Clerk RE: Resolution No. 9698 - A Resolution of the City Council of the City of Vernon Granting the Disability Retirement of James A. Wohlt, a Local Safety Member Employed by the City of Vernon (Government Code Sections 21154 and 21156) Transmitted herewith is a copy of Resolution No. 9698 referenced above, which was approved by City Council on August 18, 2008. 1 Thank you. NG:dr c: Avigal Horrow Martha Valenzuela Resolution File No. 9698 r "I 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 September 10, 2008 Mr. James Wohlt Re: Disability Retirement This letter is to inform you that your application for Industrial Disability Retirement was approved at the Vernon City Council meeting held August 18, 2008. A copy of Resolution No. 9698 is attached for your records. If you have any questions, please call Avigal Horrow, Director of Human Resources, at 323/583-8811 ext. 315. Sincerely, Ne ly G r n City Clerk :ng cc: Willard Yamaguchi Resolution No. 9698 Exc(usivefy Industrid (Domesffc Mail Only; No,hsurance Coverage, Protiq ' For,deliveryinformation yislt;our websr a at.www asps evrr ' ,a e I le ea r-1 O Return Receipt Fee $2 , 2i 1 p (Endorsement Required) C3 Restricted Delivery Fee .!]„1]Il � (Endorsement Required) 1.9 Ln Total Postage & Fees ' y.G i ly, j ru Se To JAMES WOHLT o - WI--------..------------------------------•••......-----....... C Street, Apt. No., ••- it prPoeo-No. ® Complete items 1, 2, and 3. Also complete sign ❑Agent item 4 If Restricted Delivery is desired. X Elddre see ® Print your name and address on the reverse so that we can return the card to you. B Rec ve (Pn ` e) , C : of ® Attach this card to the back of the mailpiece, =or on the front if space permits. D. Is delivery address drfferentfirom Item 1? Y s 1 Article Addressed to: If YES, renter delivery address bell - :' No MR. JAMES WOHLT t� =•;t , . - 20450 VIA BURGOS YORBA LINDA, CA 92887 3 ervlce Type Certified Mall '. ❑ W- Tess Mall ❑ Registered C}] p6t6th,Aecelpt for Merchandise ❑ Insured.Maii 4. Restricted Fee) ❑ Yes = 2. Article Number (Fmnsferfromservfcelabel) 7007 2560 .0001 7-77$ 2870 PS Form 3811, February 2004 Domestic Return Receipt iozsss oz M tsao _A — . 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 December 11, 2008 CALPERS Benefit Services Division Disability Retirement Section P.O. Box 2796 Sacramento, CA 95812-2796 Re: Granting Disability Retirement of James A. Wohlt Ladies and Gentlemen: Transmitted herewith is a certified copy of Resolution No. 9698 regarding the above -referenced, which was approved by City Council on August 18, 2008. If you have any questions regarding this matter, please call Avigal Horrow, at (323) 583-8811 ext. 315. Very truly yours, Ne "ly i Aon"4 City Clerk NG:dr c: James Wohlt Willard Yamaguchi Resolution No. 9698 E ,cfusive(y Industriaf CERTIFICATE STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES) I, Manuela Giron, City Clerk of the City of Vernon, County of Los Angeles, State of California, hereby certify that the attached is a full and complete copy of: RESOLUTION NO. 9698 - A Resolution of the City Council of the City of Vernon Granting the Disability Retirement of James A. Wohlt, a Local Safety Member Employed By the City of Vernon (Government Code Sections 21154 and 21156) IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official Seal of the City o//A ernon, County of Los Angeles, State of California, on this day of December 2008. SEAL: 4�- Manuela Giron City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 `27 No RESOLUTION NO. 969.8 A RESOLUTION OF THE CITY COUNCIL OF THE.CITY OF VERNON GRANTING THE DISABILITY RETIREMENT OF JAMES A. WOHLT, A LOCAL SAFETY MEMBER EMPLOYED BY THE CITY OF VERNON (GOVERNMENT CODE SECTIONS 21154 AND 21156) WHEREAS, the City of Vernon (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 he/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 such meaning of such Law; and 'WHEREAS, an application for industrial disability retirement Df James A. Wohlt employed by the Agency in the position of Police Gieutenant•in the Vernon Police Department has been filed with the Public Employees' Retirement System ('PERS"); and WHEREAS, on August 2, 2008, Mr. Wohlt's attorney was notified by the City's workers' compensation attorney, Douglas Telchlin, and on August 14, 2008, Willard Yamaguchi notified Mr. Wohlt )y correspondence that the matter of his industrial disability --etirement would be considered by the City Council on August 18, 2008; land WHEREAS, the City Council of the City of Vernon has reviewed medical and other evidence relevant to such.alleged disability. NOW, THEREFORE,' BE IT RESOLVED BY THE CITY COUNCIL OF THE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF VERNON AS FOLLOWS: SECTION 1:. The City Council of the City of Vernon hereby finds and determines that James A. Wohlt is incapacitated within the meaning of the Public Employees' Retirement Law for performance of his duties in the position of Police Lieutenant in the Vernon Police (Department. SECTION 2: The City Council of the City of Vernon hereby finds and determines that such disabilities are a result of injury or disease arising out of and in the course of employment, that neither the City Council of the City of Vernon nor Mr. Wohlt has applied to the Workers' Compensation Appeals Board for a determination pursuant to Government Code Section 21166 whether such disability is industrial, and that there is not a possibility of third -party liability. SECTION 3: James A. Wohlt was separated from his employment in the position of Police Lieutenant after expiration of his rights under Government Code Section 21164, effective February 5, 2006, and that no dispute as to the expiration of such leave rights is pending. His last day on pay status was February 4, 2006. SECTION 4: Advanced Disability Pension Payments will be made in an amount to be determined. SECTION 5: The primary disabling condition is orthopedic. James A. Wohlt is competent to act on his own behalf in legally binding retirement matters. SECTION 6: The City Clerk shall notify Mr. Wohlt of the 'City Council's determination granting his application for industrial disability retirement. /// - 2 - l 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 7: The City Clerk of the City of Vernon shall certify to the passage of.this resolution, and thereupon and thereafter the same shall be in.full force and effect. APPROVED AND ADOPTED this 18th day of August, 2008. %% , .ram.,= i��-,�,,el/•%�-- Name: Hilario Gonzales Title: iii4wr / Mayor Pro-Tem ATTEST: a MANUELA GIRON,-Ci y Clerk - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1.9 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9698, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, August 18, 2008, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. (SEAL) MANUELA N, City Clerk - 4 -