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Minutes

Montebello City Council
December 14, 2022

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Minutes
Meeting
December 14, 2022
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Montebello City Council
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9
Original file
1.6 MB
Text extracted from the city's file for reading and search. Open the original on montebelloca.api.civicclerk.com. That file is the official record.

CITY OF MONTEBELLO

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY

JOINT REGULAR MEETING

MINUTES

WEDNESDAY, DECEMBER 14, 2022 AT 5:00 PM

QUIET CANNON, BALL ROOM (CRYSTAL ROOM 1 AND 3)
901 VIA SAN CLEMENTE

MONTEBELLO, CALIFORNIA

OPENING CEREMONIES

CALL TO ORDER
Mayor Cobos-Cawthorne called the meeting to order at 5:12 p.m.

ROLL CALL
Members present were Mayor/Chairperson Cobos-Cawthorne, Councilmember/Member Melendez, Councilmember/Member Torres, and Councilmember/Member Peralta; Councilmember/Member Jimenez was absent.

City Clerk/Board Secretary Jimenez and Treasurer Matanga were also present.

City Manager René Bobadilla, Assistant City Manager Arlene Salazar, Senior Deputy City Clerk Alicia Fernandez, Deputy City Clerk Kimberly Guillen, and all Department Directors were present; City Attorney Alvarez-Glasman attended telephonically.

PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
At this time, the general public may address the City Council/PFA on Closed Session Items. Please be aware that the maximum time allotted for members of the public to speak on Closed Session Items shall not exceed three (3) minutes per person. State Law prohibits the City Council/PFA from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor.

The City Clerk’s Office acknowledged two (2) speaker card(s) and no written public comment(s) were submitted to the City’s public comment email address. Said speaker card(s) are on file at the City Clerk’s office.

CLOSED SESSION 5:00 P.M.

The City Attorney shall provide a briefing on the item listed for Closed Session as follows:

Mayor Cobos-Cawthorne recessed the meeting into Closed Session at 5:22 p.m. to consider the following Closed Session items:

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1. THREAT TO PUBLIC SERVICES OR FACILITIES
Government Code Section 54957
Consultation with City Manager, Police Chief, City Attorney and other related City officials.

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
One matter related to Maria Chavez vs. City of Montebello

3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Property 901 Via San Clemente, Montebello CA
Agency’s Negotiator René Bobadilla, City Manager
Negotiating Party Topgolf
Under Negotiation Price and Terms

REGULAR SESSION NO LATER THAN 6:00 P.M.

CLOSED SESSION REPORT
Mayor Cobos-Cawthorne reconvened the meeting at 6:17 p.m.

All four members were present to discuss all Closed Session items. City Attorney Arnold Alvarez-Glasman provided the following report to City Council: a briefing was provided on Item No. 1-3; no action was taken and there was nothing to report on all three items.

INVOCATION
Pastor Eric and Pastor Fernando led the City Council in the Invocation.

PLEDGE OF ALLEGIANCE
Mayor Cobos-Cawthorne led the City Council in the Pledge of Allegiance.

CORRECTIONS TO THE AGENDA CITY MANAGER
City Manager Bobadilla pulled Item No. 7 from the agenda.

PRESENTATION

4. CEREMONIAL CHECK PRESENTATION FROM SAN GABRIEL VALLEY WATER COMPANY

Presented by Mayor Cobos-Cawthorne.

PUBLIC COMMENTS ON NON-AGENDA AND AGENDA ITEMS (30 MINUTES) At this time, the general public may address the City Council/PFA on both non-agenda and agenda items. Please be aware that the maximum time allotted for members of the public to speak shall not exceed three (3) minutes per speaker. State Law prohibits the City Council/PFA from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor.

The City Clerk’s Office acknowledged seven (7) members of the public wishing to address the City Council; two written comments were read aloud. Speakers were provided three minutes to address the City Council and said speaker December 14, 2022: City Council and Public Financing Authority Meeting Minutes

Page 3 of 9 ends

cards/written comments are on file at the City Clerk’s office.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
None.

PUBLIC HEARING

5. PUBLIC HEARING TO APPROVE AN ENERGY SERVICES CONTRACT WITH ALLIANCE BUILDING SOLUTIONS, INC.

RECOMMENDATION: It is recommended that the City Council:

1. Conduct a Public Hearing and consider approving an Energy Services Contract with Alliance Building Solutions, Inc. (ABS), a Finance Agreement and related documents with Alliance Funding Solutions, Inc. (AFS) for the construction of energy conservation measures at various City facilities; and

2. Adopt Resolution No. 22-93 approving certain findings for energy related improvements to various city facilities in accordance with California Government Code Section 4217; and

3. Adopt Resolution No. 22-96 authorizing the execution of a Lease Purchase Agreement, Escrow Agreement and Equipment Schedule with Alliance Funding Solutions, Inc.; and

4. Authorize the City Manager to execute the agreements and any other related documents in a final form approved by the City Attorney; and

5. Take such additional, related, action that may be desirable.

City Attorney Alvarez-Glasman clarified that this Public Hearing would be opened and closed solely for the purpose of continuing it to the City Council meeting scheduled for January 25, 2023. It was motioned by Councilmember Torres, seconded by Councilmember Peralta, that the motion be continued; the motion passed unanimously.

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a Councilmember wishes to discuss should be designated at this time. All other items may be approved in a single motion. Such approval will also waive the reading of any ordinance.

City Attorney Alvarez-Glasman confirmed that Item No. 7 was pulled off of this agenda. Councilmember Melendez motioned to continue Item No' s 6, 8-20 for a future meeting to be held as an Adjourned Meeting on December 21, 2022, seconded by Councilmember Peralta; the motion passed unanimously.

6. WAIVE SECOND READING AND ADOPT ORDINANCE NO. 2457 AMENDING CHAPTER 2.14 OF THE

MONTEBELLO MUNICIPAL CODE TO UPDATE THE RULES OF ORDER AND PROCEDURE FOR THE

CONDUCT OF ALL CITY COUNCIL AND SUCCESSOR AGENCY MEETINGS, PROCEEDINGS, AND

BUSINESS

RECOMMENDATION: It is recommended that the City Council:

1. Waive Second Reading and adopt Ordinance No. 2457 Amending Chapter 2.14 of the Montebello Municipal Code Updating the Rules of Order and Procedure for the Conduct of all City Council and Successor Agency Meetings, Proceedings, and Business; and

2. Take such additional related action that may be desirable.

The matter was continued to December 21, 2022.

7. AMENDMENT OF AGREEMENT NO'S. 893, 3213, AND 3323 RELATED TO QUIET CANNON MANAGEMENT

AND ASSOCIATED BUSINESS ENTITIES

RECOMMENDATION: It is recommended that the City Council:

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1. Approve the amended Agreements related to the Quiet Cannon Management (QMC) and associated hotel business entities in substantially the form as presented; and

2. Take such additional, related, action that may be desirable.

The matter was continued to December 21, 2022.

8. APPROVE PROFESSIONAL SERVICES AGREEMENT, NO. 4062, WITH ADVOCATE, INC. DBA NAVA

PARTNERS INSURANCE SOLUTIONS, FOR THE EMPLOYEE BENEFITS INSURANCE BROKER SERVICES REQUEST FOR PROPOSAL, NO. 23-3

RECOMMENDATION: It is recommended that the City Council:

1. Approve a Professional Services Agreement, No. 4062 with Advocate, Inc. dba Nava Partners Insurance Solutions to provide Employee Benefits Insurance Broker Services, for a three-year (3-year) term with the option for renewal of up to two (2) additional one-year (1-year) terms, for an initial total not-to-exceed amount of One Hundred and Fifty Thousand Dollars ($150,000) for the three-year term; and

2. Authorize the City Manager and/or his designee to take actions necessary to execute and finalize an agreement on behalf of the City of Montebello (City); and

3. Take such additional, related, action that may be desirable.

The matter was continued to December 21, 2022.

9. APPROVAL OF TASK ORDER NO. 2 AND NO. 3, UNDER MASTER RETAINER AGREEMENT NO. 3921, WITH TRANSTECH ENGINEER'S, INC. FOR BUILDING PLAN CHECK AND INSPECTION SERVICES

RECOMMENDATION: It is recommended that the City Council:

1. Award Task Order No. 2 via an Engagement Letter Under Master Retainer Agreement No. 3921 with Transtech Engineers, Inc. for General Building Plan Check and Inspection Services for a not-to-exceed fee of $185,380 per year for staff augmentation and $352,000 per year for Plan Check services for a term of Two (2) years; and

2. Award Task Order No. 3 via an Engagement Letter Under Master Retainer Agreement No. 3921 with Transtech Engineers, Inc. for Building Inspection Services for the Metro Heights and Other Large Projects for a not-to-exceed fee of $210,000 for One (1) year; and

3. Authorize the City Manager to execute the agreements, on behalf of the City; and

4. Take such additional, related, action that may be desirable.

The matter was continued to December 21, 2022.

10. AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS (RFP NO. 23-6) FOR A MASTER DEVELOPER

TO PREPARE AND IMPLEMENT A STRATEGIC MASTER PLAN FOR THE MONTEBELLO GOLF COURSE

COMPLEX

RECOMMENDATION: It is recommended that the City Council:

1. Approve Issuing a Request for Proposals ("RFP") for a qualified Master Developer to prepare and implement a strategic master plan for the Montebello Golf Course Complex and authorize solicitation of proposals; and

2. Take such additional, related action that may be desirable.

The matter was continued to December 21, 2022.

11. AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS (RFP NO. 23-5) FOR RECREATION GUIDE

PRODUCTION

RECOMMENDATION: It is recommended that the City Council:

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1. Authorize staff to issue a Request for Proposals No. 23-5 (RFP) for the production, digital hosting, and printing of a Montebello Recreation Guide; and

2. Take such additional, related, action that may be desirable.

The matter was continued to December 21, 2022.

12. AMENDMENT TO FISCAL YEAR 2022-23 RECREATION AND COMMUNITY SERVICES DEPARTMENT

GRANT BUDGET

RECOMMENDATION: It is recommended that the City Council:

1. Amend the Fiscal Year 2022-23 Recreation and Community Services Grant Budget by increasing appropriations by $27,916 in Account No. 265-70-740-6040.10 (Grants, Parks and Recreation, Prop 68 Per Capita Fund, Other Contract Services); by $107,166 in Account No. 265-7000-2013-025-6040.60 (Grants, City Parks, City Park Facilities, Building Maintenance/Repairs); and by $261,261 in Account No. 221-70-720-6040.60 (Measure A, Parks Maintenance, Building Maintenance/Repairs); and

2. Take such additional, related actions that may be desirable.

The matter was continued to December 21, 2022.

13. APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 4056 WITH ORANGE COAST PETROLEUM EQUIPMENT, INC. FOR THE MAINTENANCE HOSE REELS REPLACEMENT, REQUEST FOR PROPOSAL NO. 23-2

RECOMMENDATION: It is recommended that the City Council:

1. Approve a Professional Services Agreement, No. 4056 with Orange Coast Petroleum Equipment, Inc. (Orange Coast Petroleum), for a total not-to-exceed amount of $90,011, for Maintenance Hose Reels Replacement (response to Request for Proposal No. 23-2); and

2. Authorize the City Manager to take actions necessary to execute and finalize an agreement on behalf of the City of Montebello; and

3. Take such additional, related, action that may be desirable.

The matter was continued to December 21, 2022.

14. APPROVE REVISIONS TO THE CITY OF MONTEBELLO ADMINISTRATIVE POLICY V-B-38.02 – FEDERAL

DRUG AND ALCOHOL REGULATIONS (FTA), TO UPDATE ADMINISTRATIVE PERSONNEL, TITLES, AND

FUNCTIONS

RECOMMENDATION: It is recommended that the City Council:

1. Approve revisions to the City of Montebello Administrative Policy V-B-38.02 – Federal Drug and Alcohol Regulations (FTA) (Administrative Policy V-B-38.02), to update administrative personnel, titles, and functions; and

2. Take such additional, related, action that may be desirable.

The matter was continued to December 21, 2022.

15. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT NOS. 4057 AND 4058 WITH OFFICE SOLUTIONS BUSINESS PRODUCTS & SERVICES LLC, AND MOHAWK COMMERCIAL, INC., TO

PURCHASE AND INSTALL UPGRADED WORKSTATIONS AND FLOORING FOR THE TRANSPORTATION

DEPARTMENT

RECOMMENDATION: It is recommended that the City Council:

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1. Approve a Professional Services Agreement, No. 4057, with Office Solutions Business Products & Services, LLC (dba Bluespace Interiors), utilizing the Sourcewell Cooperative Purchasing Program (Sourcewell) Contract No. 121919-TKN, to purchase and install upgraded workstations for the Transportation Department for a total not-to-exceed amount of $128,824; and

2. Approve a Professional Services Agreement, No. 4058, with Mohawk Commercial, Inc. (Mohawk), utilizing the California Multiple Award Schedules (CMAS) Contract No. 4-20-00-0085C, to purchase and install flooring for Transportation, for a total not-to-exceed amount of $49,099; and

3. Authorize the City Manager and/or their designee to approve change orders for up to ten percent (10%) of the total compensation amount for each proposed agreement; and

4. Take such additional, related, action that may be desirable.

The matter was continued to December 21, 2022.

16. ADOPT RESOLUTION NO. 22-92 APPROVING MONTEBELLO BUS LINES’ 2022 TITLE VI PROGRAM

INCLUDING THE LANGUAGE ASSISTANCE PLAN AND PUBLIC PARTICIPATION PLAN, THE DISPARATE

IMPACT POLICY AND DISPROPORTIONATE BURDEN POLICY, AND THE TRANSIT SERVICE

MONITORING RESULTS

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 22-92 approving Montebello Bus Lines’ 2022 Title VI Program, including the Language Assistance Plan and the Public Participation Plan; and

2. Approve the Disparate Impact Policy and Disproportionate Burden Policy, as defined within the 2022 Title VI Program; and

3. Approve the Transit Service Monitoring Results, included within the 2022 Title VI Program; and

4. Take such additional, related, action that may be desirable.

The matter was continued to December 21, 2022.

17. APPROVE RECEIPT OF AN AWARD FROM THE CALIFORNIA HOMELESS COORDINATING AND FINANCING COUNCIL (HCFC) ENCAMPMENT RESOLUTION GRANT PROGRAM FISCAL YEAR 2022-23 AND 2023-2024 AND APPROPRIATE GRANT FUNDING

RECOMMENDATION: It is recommended that the City Council:

1. Approve the appropriation of $1,168,774 awarded to the City by the California Interagency Council on Homelessness (Cal ICH) Encampment Resolution Funding Grant Program; and

2. Amend the Fiscal Year 2022-23 budget by increasing appropriations by $1,168,774 in Expense Account No. 267-85-859-6040.10 and $1,168,774 in Revenue Account No. 267-99-4198.40 (Cal-ICH) - Encampment Resolution Funding Grant Fund, Fire, Cal-ICH - Encampment Resolution Funding, Other Contract Services and Miscellaneous Grants - Cal-ICH Encampment Resolution Funding; and

3. Authorize the City Manager to execute a Memorandum of Agreement between the City of Montebello and State of California Business, Consumer Services and Housing Agency (BCSH) to receive $1,168,774 in funding for the Encampment Resolution Funding Program; and

4. Authorize the City Manager to enter into a sole-source contract with Beverly Hospital for the purpose of the demonstration project to provide emergency room case management homeless services in an amount not-to-exceed $150,000 for the grant term of two years; and

5. Take such additional, related action that may be desirable.

The matter was continued to December 21, 2022.

18. APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 4055 WITH URBAN FUTURES, INC. TO

PROVIDE CONTINUING DISCLOSURE SERVICES

RECOMMENDATION: It is recommended that the City Council:

1. Approve Professional Services Agreement No. 4055 with Urban Futures, Inc. (Urban Futures, Inc.) in an amount not to exceed $99,600 ($33,200 annually) over an initial three (3) year term; and

2. Take any additional actions necessary to effectuate the procurement of services.

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The matter was continued to December 21, 2022.

19. UPDATE ON SALE OF CITY'S WATER SYSTEM TO SAN GABRIEL VALLEY WATER COMPANY

RECOMMENDATION: It is recommended that the City Council:

1. Receive and file this update on the sale of the City’s water system to San Gabriel Valley Water Company (SGVWC).

The matter was continued to December 21, 2022.

20. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 22-95 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED DECEMBER 14, 2022

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 22-95 approving the Warrant Register dated December 14, 2022.

The matter was continued to December 21, 2022.

AB 1234 TRAVEL REPORTS
Members of the City Council will provide a brief report on meetings attended at the expense of the local agency as required by Government Code Section 53232.3(d).

Mayor Cobos-Cawthorne announced an event she attended in Sacramento.

COUNCIL ORALS
Council member announcements; requests for future agenda items; conference/meetings reports.

None.
• Salvador Melendez, Councilmember

• Scarlet Peralta, Councilmember

• Angie M. Jimenez, Mayor Pro Tem

• David N. Torres, Councilmember

• Kimberly A. Cobos-Cawthorne, Mayor

CEREMONIAL/PRESENTATIONS

21. PRESENTATION TO AND COMMENTS BY OUTGOING MAYOR COBOS-CAWTHORNE AND CITY

TREASURER GUTIERREZ

Mayor Cobos-Cawthorne provided outgoing comments stating that it was an honor to serve as Mayor for two consecutive terms. Mayor Cobos-Cawthorne thanked the residents and staff for putting their trust in her, and commended the City Administration and City Directors for their work. Additionally, she thanked the community, her family, her adopted family, mother, and husband. On behalf of the City of Montebello, City Manager Bobadilla presented Mayor Cobos-Cawthorne with a shadow box of memorabilia and presented a video of the Mayor's journey. The following presented Certificates of Recognitions to Mayor Cobos-Cawthorne:

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• Representative Griselda Ortiz, from Congresswoman Sanchez' office, presented a Congressional Christmas Ornament for the City tree and a Certificate of Recognition • California State Senator, Bob Archuleta, presented a Certificate of Recognition • City of El Monte Mayor, Jessica Ancona, presented a Certificate of Recognition • Assemblymember Miguel Santiago's representative presented a Certificate of Recognition • City of Montebello Chamber of Commerce, Adriana Dugan, presented a Certificate of Recognition • City of Monterey Park Mayor, Yvonne Yu, presented a Certificate of Recognition • On behalf of the Montebello Unified School District Board of Education, City Clerk Christopher Jimenez, presented a Certificate of Recognition
• On behalf of the City of Whittier Mayor, City Clerk Christopher Jimenez, presented a Certificate of Commendation

City Treasurer, Rafael Guttierez, provided outgoing comments thanking the residents and commending City staff. City Manager Bobabdilla presented Treasurer Gutierrez with a City of Montebello Tile.

NEW BUSINESS

22. ADOPT RESOLUTION NO. 22-94, CERTIFICATION OF THE NOVEMBER 8, 2022 GENERAL MUNICIPAL

ELECTION

RECOMMENDATION: It is recommended that the City Council:

1. Receive and file the Certification of the Canvass of the Election Returns from the Los Angeles County Registrar-Recorder/County Clerk; and

2. Adopt Resolution No. 22-94 reciting the facts of the General Municipal Election held on November 8, 2022, declaring the results and such other matters as required by law.

It was motioned by Councilmember Melendez, seconded by Councilmember Torres, that the item be approved as recommended by staff; the motion passed unanimously. Mayor Cobos-Cawthorne was not present to vote for this item.

23. ADMINISTRATION OF OATH OF OFFICE FOR DISTRICTS 1-5 NEWLY ELECTED COUNCIL MEMBERS

AND CITY TREASURER

RECOMMENDATION: It is recommended that the City Council:

1. Receive and File Oath of Office for newly elected officials.

Assemblymember Miguel Santiago performed the Oath of Office for the following Councilmembers:
• Councilmember Salvador Melendez
• Councilmember Scarlet Peralta
• Councilmember Georgina Tamayo

Councilmember Torres was sworn in by his uncle Fernie.

Senator Bob Archuleta performed the Oath of Office for City Treasurer David Matanga.

24. CITY COUNCIL SELECTION OF MAYOR AND MAYOR PRO TEMPORE POSITIONS UNDER MONTEBELLO MUNICIPAL CODE SECTION 2.08.010, "REORGANIZATION"

RECOMMENDATION: It is recommended that the City Council:

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1. Move to designate one of its members as Mayor and Mayor Pro Tempore as called for in Section 2.08.010 of the Montebello Municipal Code.

Councilmember Peralta motioned to nominate Councilmember David Torres for Mayor; the motion was seconded by Councilmember Tamayo.

Prior to voting, Councilmember Melendez made a few comments and stated that he would be abstaining from voting on this item; the motion passed by the following vote:

MOVED: Torres SECONDED: Tamayo APPROVED: 3-0-1-1
AYES: Peralta, Tamayo, Torres
NOES: None
ABSTAIN: Melendez
ABSENT: Jimenez

Mayor Torres nominated Councilmember Peralta for the position of Mayor Pro Tem; the motion was seconded by Councilmember Tamayo and passed unanimously.

ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on January 11, 2023 at 5:00 p.m. which can be live streamed at www.cityofmontebello.com (Click on Live Stream).

I, Alicia Fernandez, Senior Deputy City Clerk for the City of Montebello hereby certify that a copy of this agenda has been posted on or before Sunday, December 11, 2022 at 5:00 p.m.

Alicia Fernandez, Senior Deputy City Clerk

Mayor Pro Tem Peralta motioned to adjourn the meeting to Wednesday, December 21, 2022 at 5:00 p.m. seconded by Councilmember Melendez; the motion was approved unanimously.

THE MINUTES OF DECEMBER 14, 2022 ARE HEREBY APPROVED AND ADOPTED ON THIS 22ND DAY OF FEBRUARY 22, 2023.

PUBLIC COMMENTS - 12/14/22

From: Julian Cepeda
To: comment, ccpublic
Subject: [External Email] Public Comment
Date: Wednesday, December 14, 2022 3:01:21 PM
Good evening,
I would like to both

congratulate Georgina Tamayo, Scarlet Peralta, and David Torres on their elections, and thank you all for your service. It is difficult to run for office, and you all have acted with the highest degree of integrity during this time.

David and Scarlet, you have proven to be amazing leaders and people,

and your

reelections are
wholeheartedly deserved. The residents have seen all you have done.

Georgina, you have already shown you are a great leader and will do great things on the City Council.

The residents of Montebello are lucky to have you, just as you have a great honor in being trusted to lead. It is with great excitement, optimism, and trust that I wish you all the very best.

Congratulations, councilmembers.

Sincerely,
Julian Cepeda
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