RESOLUTION NO. 2025-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES
REGARDING LOCAL SAFETY MEMBER INDUSTRIAL DISABILITY RETIREMENT WHEREAS, the City of Gonzales is a contracting agency (hereinafter referred to as “Agency”) of the California Public Employees’ Retirement System (“CalPERS”) and WHEREAS, the California 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 Employee’s Retirement Law and whether such disability is “industrial” within the meaning of such law; and WHEREAS, an application for the Industrial Disability Retirement of Juan Mendoza (“Mendoza”), employed by the Agency in the position of Police Captain, has been filed with CalPERS; and
WHEREAS, the City Council of the City of Gonzales has reviewed the medical and other evidence relevant to such alleged disability.
NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Gonzales as follows:
1. That the above recitations are true.
2. That the City Council of the City of Gonzales does find and determine, after review of medical evidence and other evidence relevant thereto, that Mendoza is substantially incapacitated within the meaning of the California Public Employees’ Retirement Law for performance of his usual duties in the position of Police Captain due to orthopedic injuries and disorders to his back, right hip, knees, and left ankle.
3. That the aforesaid determination was made on the basis of competent medical opinion and is not being used as a substitute for the disciplinary process.
4. That the City Council of the City of Gonzales finds and determines that Mendoza is substantially incapacitated for the performance of the usual duties of the same position for other California public agencies in CalPERS.
5. That the City Council of the City of Gonzales does find and determine that such incapacity and/or disability is the result of injury arising out of and in the course of employment as a local safety member for the City. The duration of the disabling condition is expected to be permanent.
6. That Mendoza has filed Workers’ Compensation claims for his disabling conditions and that said claims are pending.
7. That neither Mendoza nor the City has applied to the Workers’ Compensation Appeals Board for a determination pursuant to Government Code Section 21166 whether such disability is industrial.
8. That there is not a possibility of third-party liability.
9. That Mendoza has retired and will be separated from his employment in the position of Police Captain after expiration of his rights under Government Code Section 21164, effective May 10, 2025, and that there is no dispute as to the expiration of such leave rights pending. His last day on pay status will be May 9, 2025.
10. That advanced permanent disability payments will be made.
11. That the City Council finds that the primary disability is physical in nature, orthopedic injury to his back, right hip, knees and ankle, and that Mendoza is competent to act on his own behalf in legally binding retirement matters.
PASSED AND ADOPTED by the City Council of the City of Gonzales at a regular meeting duly held on the 19th day of May, 2025, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Jose L. Rios, The Honorable Mayor
ATTEST:
Mary Villegas, Deputy City Clerk