Agenda — Twentynine Palms City Council, March 28, 2023

TWENTYNINE PALMS CITY COUNCIL

REGULAR MEETING AGENDA
6136 Adobe Road
Twentynine Palms, CA 92277
www.29palms.org
Tuesday, March 28, 2023
NOTICE IS HEREBY GIVEN, that the City Council will hold a Regular Meeting on Tuesday, March 28, 2023 at City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277 to consider the following:

CLOSED SESSION AGENDA
5:30 P.M.

CALL TO ORDER
Roll Call.

Adjourn to Closed Session.

CLOSED SESSION
A “Closed” Session of the City Council may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel matters, labor negotiations, security matters, providing instructions to real property negotiators and conference with legal counsel regarding pending litigation. The Closed Session will be held in the City Hall Conference Room located at 6136 Adobe Road, Twentynine Palms, California. Any public comment on Closed Session items will be taken before the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 6136 Adobe Road, Twentynine Palms, California.

1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Initiation of litigation pursuant to Government Code Section 54956.9 (One Case).

REGULAR SESSION AGENDA
6:00 P.M.

CALL TO ORDER
Pledge of Allegiance.

Invocation - Pastor Mike Maddy - Shadow Mountain Community Church.

Roll Call.

Closed Session Announcements.

Changes to the Agenda.

ANNOUNCEMENTS
These proceedings may be viewed on demand on the City of Twentynine Palms website at www.29palms.org.

You may also Live Stream this meeting by going on the City website and clicking on the "Meeting Agendas" link.

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AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

2. Proclamation Recognizing March 2023 as Women's History Month Proclamation Recognizing March 2023 as Women's History Month - Pdf 5 - 6

3. Proclamation Recognizing March 2023 as Irish-American Heritage Month.

Proclamation Recognizing March 2023 as Irish-American Heritage Month. - Pdf 7 - 8

COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED

CONSENT CALENDAR
All matters listed under the Consent Calendar are to be considered routine by the City Council and will be enacted by one motion in the form listed. Any item may be removed from the Consent Calendar and considered separately by the City Council. The public will be given an opportunity to comment on Consent Calendar items prior to the City Council action.

4. Waive the Reading of Ordinance and Approve the Reading by Title Only.

5. Approval of Minutes of the City Council Meeting Held on March 14, 2023.

City Council - Regular Meeting - 14 Mar 2023 - Minutes - Pdf 9 - 13

6. Investment Policy.

RECOMMENDATION: The City Council review and approve the City's Investment Policy.

Investment Policy. - Pdf
15 - 19

7. Fire Department Emergency Response Report - February 2023.

Fire Department Emergency Response Report - February. 2023 - Pdf TNP Monthly Totals - Feb 2023
21 - 23

8. Legislative Report - February 2023.

Legislative Report - February 2023. - Pdf
Federal Legislative February 2023 - Legislative Matrix
Federal Legislative February 2023 - Monthly Newsletter
25 - 59

9. Morongo Basin Ambulance Report - February 2023.

Morongo Basin Ambulance Report - February 2023. - Pdf
Call Stats MBA February 2023
61 - 63

10. 6602 Freedom Way Demolition.

RECOMMENDATION: That the City Council:

1. Award a contract to demolish the structures at 6602 Freedom Way to Clemons Demolition in the amount of $38,800 and authorize a Ten Percent (10%) Contingency in the amount of $3,880, for a total contract amount of $42,680.

2. Authorize the City Manager to execute all documents necessary to enter into the contract, including any necessary amendments thereto.
6602 Freedom Way Demolition - Pdf
65 - 68

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION

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PUBLIC HEARING

11. Wastewater Services - Continuance.

RECOMMENDATION: That the City Council continue this item to May 9, 2023.

Wastewater Services - Continuance. - Pdf
69 DISCUSSION AND POTENTIAL ACTION ITEMS

12. 2023 Healthy Cities Campaign Grant.

RECOMMENDATION: The City Council approve the grant funding opportunity to install a permanent 38' X 38' outdoor fitness court at Knott's Sky Park pending the available funding during the budget process.
2023 Healthy Cities Campaign Grant. - Pdf
71 - 105

13. AB (Assembly Bill) 1708 (Muratsuchi) on Theft.

RECOMMENDATION: Cal Cities is recommending the City Council take action to support AB 1708 to increase accountability for repeat theft offenders.

AB (Assembly Bill) 1708 (Muratsuchi) on Theft. - Pdf
107 - 110

14. East Valley Regional Steering Committee.

RECOMMENDATION: The City Council appoint a member to serve on the East Valley Steering Committee representing the City.

East Valley Regional Steering Committee. - Pdf
111 - 112

15. Fire Safety Plan.

RECOMMENDATION: The City Council review and approve this termination process and accept the potential additional funds needed for this transaction for the Water Districts Fire Fighter PERS Safety Plan.

Fire Safety Plan. - Pdf
113 - 117

16. Mission Statement of the Public Arts Advisory Committee (PAAC).

RECOMMENDATION:

1. The City Council adopt the Resolution setting the number of members of the Public Arts Advisory Committee (PAAC), as well as modifying the time and date of the meeting of the PAAC.

2. The City Council approve the revised Mission Statement of the Public Art Advisory Committee (PAAC).

Mission Statement of the Public Arts Advisory Committee (PAAC). - Pdf 119 - 124

FUTURE COUNCIL INITIATED ITEMS

1. Seasonal banners throughout the City.

2. Maintained v. Non-Maintained Roads.

3. Voting for Mayor as opposed to the current selection process.

4. Discussion on working with non-profit organizations to establish a "Heating Shelter" during the Winter months.

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PUBLIC COMMENTS
This is the time for the public to address the City Council on issues within the jurisdiction of the City Council that are NOT on this agenda. All comments are to be directed to the City Council and shall not consist of any personal attacks. Members of the public are expected to maintain a professional, courteous decorum during their comments. There is a time limitation of three minutes per person. If you haven’t already done so, please fill out name and address slips and give them to the City Clerk. The City Council is prohibited by State law from taking action or discussing items not included on the printed agenda. Public comments on specific agenda items will be deferred until consideration of the item on the agenda.

CITY MANAGER UPDATE

ADJOURNMENT
It is the intention of the City of Twentynine Palms to comply with the Americans with Disabilities Act in all respects. If you are a person with a disability who requires a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, please request such modification or accommodation from the City Clerk at (760) 367- 4890 (facsimile). Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. Please advise us at the time whether you will require accommodations to participate in meetings on a regular basis. Any person affected by any application on this agenda may submit their concerns in writing prior to the meeting or appear in person and be heard in support or opposition to the proposal at the time the matter is considered on the agenda. The staff reports, applications and environmental documents may be viewed at either the office of Community Development or the office of the City Clerk, 6136 Adobe Road, from 7:00 a.m. until 6:00 p.m. Monday through Thursday, except legal holidays. The Invocation is given per Policy 10-01, and does not reflect the views of the City but rather is an expression of speech by a private citizen making the presentation. Telephone inquiries may be made at (760) 367-6799. If you challenge any agenda issue in court, you may be limited to raising only those issues that you or someone else raised at the public meeting described in this notice, or in written correspondence delivered to the City of Twentynine Palms at, or prior to, the public meeting.

This notice of agenda is hereby certified to have been posted on or before 6:00 p.m., March 23, 2023.

Cindy Villescas CMC, City Clerk Time/Date

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STAFF REPORT
TO: City Council
FROM: Office Assistant
FOR MEETING: Mar 28 2023
SUBJECT: Proclamation Recognizing March 2023 as Women's History Month ATTACHMENTS:
• Proclamation Recognizing
March 2023 as Women's
History Month

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CITY OF TWENTYNINE PALMS

PROCLAMATION
WOMEN’S HISTORY MONTH
WHEREAS, every March, Women’s History Month provides an opportunity to honor the generations of trailblazing women and girls who have built our Nation, shaped our progress, and strengthened our character as people; and
WHEREAS, throughout our history, despite hardship, exclusion, and discrimination, women have strived and sacrificed for equity and equality in communities across the country. Generations of Native American women were stewards of the land and continue to lead the fight for climate justice. Black women fought to end slavery, advocate for civil rights, and pass the Voting Rights Act. Suffragists helped pass the 19th Amendment to the Constitution so that no American could be denied a vote on the basis of sex; and WHEREAS, women and girls continue to lead groundbreaking civil rights movements for social justice and freedom so that everyone can realize the full promise of America; and WHEREAS, this Women’s History Month, as we reflect on the achievements of women and girls across the centuries and pay tribute to the pioneers who paved the way, let us recommit to the fight and help realize the deeply American vision of a more equal society where every person has a shot at pursuing the American dream. In doing so, we will advance economic growth, our health and safety, and the security of our Nation and the world.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Twentynine Palms, does hereby proclaim March 2023 as WOMEN’S HISTORY MONTH and invites everyone to learn more about the vital contribution of women to our Nation’s history.

DATED this 28th day of March 2023.
______________________________
McArthur Wright, Mayor

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STAFF REPORT
TO: City Council
FROM: Office Assistant
FOR MEETING: Mar 28 2023
SUBJECT: Proclamation Recognizing March 2023 as Irish-American Heritage Month.

ATTACHMENTS:
• Proclamation Recognizing
March 2023 as Irish-American
Heritage Month

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CITY OF TWENTYNINE PALMS

PROCLAMATION

IRISH-AMERICAN HERITAGE MONTH
WHEREAS, Irish immigrants who sought a new beginning in the United States arrived on our shores with hearts full of hope and dreams of the future. With grit and determination, they worked hard. And as they built their lives, they helped build America – never forgetting where they came from, always remembering the courage and pride they brought with them from the old country, and passing these traits down to each new generation; and
WHEREAS, pride lives on today in the hearts of Irish Americans across our Nation. It lives on in business owners, scientists, and labor leaders who hold dear the Irish belief that everyone deserves to be treated with dignity. And it runs deep in so many first responders, public servants, and brave service members who defend our lives and liberties – the same liberties that so many Irish immigrants and Irish Americans helped preserve and protect; and
WHEREAS, Ireland and the United States are forever bound together by our people and our passion.

Everything between us runs deep.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Twentynine Palms, does hereby proclaim March 2023 as IRISH-AMERICAN HERITAGE MONTH and calls upon all Americans to celebrate the achievements and contributions of Irish Americans to our Nation with appropriate ceremonies, activities, and programs.

DATED this 28th day of March 2023.
______________________________
McArthur Wright, Mayor

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TWENTYNINE PALMS CITY COUNCIL
City Council - Regular Meeting MINUTES
City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277
www.29palms.org
March 14, 2023
CALL TO ORDER - Mayor Wright called the meeting to order at 6:00 p.m.

Pledge of Allegiance - Matt Shragge, Twentynine Palms Water District, led the Pledge of Allegiance.

Invocation - Bobby Kopylow, The Church of Jesus Christ of Latter Day Saints , gave the Invocation.

Roll Call - The following Councilmembers were present: Bilderain, Klink, Mintz, Scott, Wright.

Closed Session Announcements - None.

Changes to the Agenda – None.

ANNOUNCEMENTS
Mayor Wright announced that these proceedings may be viewed on demand on the City of Twentynine Palms website at www.29palms.org. You may also Live Stream this meeting by going on our website and clicking on the "Meeting Agendas" link.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation to the Twentynine Palms High School Girls' Softball Team for their Participation in the Cash for Trash and Recycling Program.

Mayor Pro Tem Bilderain presented checks in the amount of $300 from Burrtec Waste and Recycling and the City of Twentynine Palms to team members from the High School Softball Team for their participation in the Cash for Trash and Recycling Program.

2. Presentation by County of San Bernardino Board of Supervisor Dawn Rowe.

Supervisor Dawn Rowe provided updates on various issues taking place in the County, relating to vacation home rentals, wastewater treatment funding, "Operation Hammer Strike" a project aimed at illegal cannabis cultivation, and the Workforce Development Program.

COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED
Councilmember Scott commented that he did not attend any meetings.

Councilmember Mintz mentioned that the High School Softball team earned money through the City's Cash for Trash and Recycling program and for transparency purposes, he wanted to let everyone know that he, as their coach, does not get paid from those funds. He gets paid through the School District. He commented that he attended Planning Commissioner Greg Mendoza's funeral service, and he thanked Chairperson Rowe for her contribution to our Sewer project.

Councilmember Klink commented that due to the snowstorm we had, he was unable to attend the SBCTA Meeting on March 1st, he thanked Supervisor Rowe for the update she provided and he wished everyone celebrating a Birthday in March a Happy Birthday.

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City Council - Regular Meeting
March 14, 2023
Mayor Pro Tem Bilderain mentioned that he did not attend any meetings, he thanked Supervisor Rowe for her presentation, and he wished his daughter a Happy 12th Birthday.

Mayor Wright mentioned that he did not attend any meetings. He wished his sister a Happy Birthday.

Councilmember Scott thanked Chairwoman Rowe for her presentation and mentioned that he is very interested in the Workforce Development Program she mentioned.

CONSENT CALENDAR

3. Waive the Reading of Ordinance and Approve the Reading by Title Only.

4. Approval of Minutes of the City Council Meeting Held on February 15, 2023 and February 22, 2023.

5. Award Construction Contract for the Community Development Department Tenant Improvement Project.

RECOMMENDATION: That the City Council:

1. Adopt the design of the project represented by the Plans and Specifications for the Community Development Department Tenant Improvement Project.

2. Award a contract for the “Community Development Department Tenant Improvement Project” to KNC Construction, Inc. in the amount of $138,320.00 and authorize a Ten Percent (10%) Contingency in the amount of $13,832.00, for a total contract amount of $152,152.00;

3. Authorize the City Manager to execute all documents necessary to enter into the contract including any necessary amendments.

6. Permission to Pursue the Creative Corps Grant of $100,000.

RECOMMENDATION: The City Council allow the Public Arts Advisory Council (PAAC) to pursue a Common Corps grant in the amount of $100,000.

7. Augmentation to the Sheriff's Contract to add a Detective.

RECOMMENDATION: The City Council authorize the amended Schedule A agreement for Fiscal Year 2022/23 with San Bernardino County Sheriff's Department for an additional detective in furtherance of the Council's strategic priorities.

8. Wastewater Treatment Design.

RECOMMENDATION: The City Council authorize the City Manager to negotiate and execute an agreement with Carollo Engineers to provide engineering services for the furtherance of the City Wastewater Treatment Project in the amount of $990,316.

Members of the public wanted to speak regarding item #8.

Andy Watson, Twentynine Palms, spoke in favor of the Wastewater Treatment Plant.

Jeff Johnson, Twentynine Palms, spoke in favor of the Wastewater Treatment Plant and suggested that the City inspect local septic tanks to avoid leakage of nitrates into the groundwater.

ACTION: A motion was made by Councilmember Mintz, seconded by Mayor Pro Tem Bilderain to approve the Consent Calendar as submitted.

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City Council - Regular Meeting
March 14, 2023
The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION - None.

PUBLIC HEARING – None.

DISCUSSION AND POTENTIAL ACTION ITEMS

9. Strategic Planning Guidance Document.

RECOMMENDATION: The City Council approve the Strategic Planning guidance document.

City Manager Luckino presented the Staff Report.

Councilmember Klink commented that he did not like the statement made by City Manager Luckino as it relates to the Animal Shelter and band aiding the Shelter. He stressed that the Shelter needs to be completely renovated, not put band aids on what is there now. City Manager Luckino apologized for the comment, but did not mean it in the sense that the shelter would be band aided. The whole renovation would take a few years and won't be complete until approximately 2026 so in the meantime, we would need to make what is there now workable until the new Shelter is complete.

Councilmember Scott mentioned that the housing and development committee is important, he agrees with Councilmember Klink that the animal shelter and homeless should be two priorities and agrees that the same subcommittee that evaluated the Planning Commission applications should look over applications for the housing and development committee along with two members of the community.

ACTION: A motion was made by Councilmember Mintz, seconded by Mayor Pro Tem Bilderain to approve the Strategic Planning guidance document.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

10. Budget Adjustment Request for the Public Arts Advisory Committee (PAAC).

RECOMMENDATION: The City Council approve the budget request of the PAAC.

Community Development Director Gardner (Director Gardner) presented the Staff Report.

After a brief discussion, a motion was made by Councilmember Scott, seconded by Mayor Pro Tem Bilderain to approve the budget request of the PAAC.

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City Council - Regular Meeting
March 14, 2023
The above motion was denied by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, SCOTT
NOES: KLINK, MINTZ, WRIGHT
ABSTAIN: NONE
ABSENT: NONE

11. Revised Mission Statement for the PAAC.

RECOMMENDATION: The City Council adopt the Resolution determining the number of members on the Public Arts Advisory Committee (PAAC) and approve its Mission Statement.

Director Gardner presented the Staff Report.

Councilmember Klink commented on the members of the PAAC, stressing the clarification that the committee has five members with an option of adding two more members and an alternate member to stand in when there is lack of a quorum. He commented that he is opposed to the alternate members, stating that all other committees are made up of five members and no alternates.

Councilmember Scott mentioned that there is a difference between a committee, a commission, and City Council. He doesn't see a problem with having alternates on committees.

Councilmember Mintz commented about the length of the Mission Statement. He felt that the original Mission Statement seemed to work fine for many years and he is comfortable with the original statement.

Mayor Wright commented that he still has issues with Section 4, item 1, stating that it does not read right with him.

Cindy Bernard, PAAC Chair, mentioned that in looking at the Statement shown, it is not the correct one. There is some language that is missing. She suggested that this item be moved to the next City Council meeting. The City Council agreed.

FUTURE COUNCIL INITIATED ITEMS

1. Seasonal Banners throughout the City.

2. Maintained v. Non-Maintained Roads

3. Voting for Mayor as opposed to the current selection process.

4. Discussion on working with non-profit organizations to establish a "Heating Shelter" during the Winter months.

No additional items were added. Councilmember Klink asked about the status of shopping carts. City Manager Luckino mentioned that he needs to follow up on this.

Councilmember Scott asked that a future item be added, asking that the City Council explore the idea of paying committee members. Due to lack of a second, the item will not be added to the Future Agenda Items List.

PUBLIC COMMENTS
Millard McClimans, Twentynine Palms, commented on tennis courts in Twentynine Palms. He would like to see the Luckie Park basketball courts be converted back into tennis courts. City Manager Luckino mentioned that as part of the CDBG funding the City will receive, two of the Luckie Park courts will be converted to pickleball courts.

Anna Stump, PAAC Vice Chair, provided more information on grant writing.

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City Council - Regular Meeting
March 14, 2023

CITY MANAGER UPDATE
City Manager Luckino provided the following updates: the Channel Trail has some issues with a retaining wall, however, it should be completed this month, the new Government Relations representative for Southern California Edison will be introduced soon, the Hilltoppers Motorcycle event will take place on April 1st and the organizers would like to invite the City Council to attend, the City Council has approved the waste water treatment project and a grant application will be sent to the State this month, the Twentynine Palms Band of Mission Indians will be collaborating with the City on this project, the City Council has approved an outreach contract to address concerns the public may have regarding the wastewater project, and the City Council will soon be asked to appoint five members to a wastewater advisory committee.

Mayor Wright reminded everyone that the Grilling with the Mayor event will be next Thursday, March 23rd at Veterans' Park from 4:30 p.m. to 6:00 p.m.

ADJOURNMENT - Mayor Wright adjourned the meeting in honor of George Gibbs at 7:14 p.m.

Respectfully submitted,

Cindy Villescas, CMC
City Clerk/Public Information Officer

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STAFF REPORT
TO: City Council
FROM: Finance Director
FOR MEETING: Mar 28 2023
SUBJECT: Investment Policy.

RECOMMENDATION:

The City Council review and approve the City's Investment Policy.

ORDER OF PROCEDURE:

Request Staff Report (City Manager Presenting)
Council Questions of Staff
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• Investment Policy
BACKGROUND:

Although it is no longer required by State law, it is generally recommended that each City approve its Investment Policy each year. Normally, the City has done this near the close of each Fiscal Year.

No changes were made to the current investment policy.

In order to protect the City, the policy presented is minimal and restrictive in the type of investments permitted.

As of February 28, 2023, the City has investments in the following investment types:

Investment Type Amount % of Total
LAIF $11,582,433 68%
Certificate of Deposit $ 4,722,724 28%
Funds Held in Trust $ 741.358 4%
Total $17,046,515 100%
All of the above investments are in compliance with the City's Investment Policy.

ENVIRONMENTAL:

Not applicable.

ALTERNATIVES:

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The City Council could choose not to approve this policy.

FISCAL IMPACT:

The policy is conservative relating to investments.

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1 CITY OF TWENTYNINE PALMS

STATEMENT OF INVESTMENT POLICY
Purpose This policy is intended to provide guidelines for the prudent investment of the City’s temporary idle cash, and outline policies to maximize the efficiency of the City’s cash management system. The ultimate goal is to enhance the economic status of the City while protecting its idle cash.

Objective The City’s cash management system is designed to accurately monitor and forecast expenditures and revenues; thus, enabling the City to invest funds to the fullest extent possible. The City will attempt to obtain the highest yield available as long as such investments meet the criteria established for safety and liquidity.

Policy The City of Twentynine Palms operates its temporary pooled idle cash investments under the prudent person rule. (California Civil Code Section 2261 which states, in essence, that “in investing… property for the benefit of another, a trustee shall exercise the judgment and care, under the circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs ...”) This affords the City a broad spectrum of investment opportunities as long as the investment is deemed prudent and is allowable under current legislation of the State of California (Government Code Section 56300 et seq.)
Investments may be made in the following media:
*Checking accounts or passbook savings account demand deposits with commercial banks
*Local Agency Investment Fund (LAIF) Demand Deposits
*Certificates of Deposit (or Time Deposits) placed with commercial banks *Treasury Bonds or Securities of the U.S. Government or its agencies *Negotiable Certificate of Deposit - as authorized in Government Code Section 53601(i), no more than 30 percent of the City Agencies Money may be invested in negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union, or by a state-licensed branch of a foreign bank. All purchases must be fully insured by the FDIC or fully collateralized.

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2 Requirements Any Commercial Banks utilized must be fully insured by the Federal Deposit Insurance Corporation (FDIC) for at least $250,000. Any deposits in excess of the insured amount must be fully collateralized. When there is a significant doubt about the solvency of a governmental insurance agency, the financial institutions utilizing such an agency will also be required to collateralize all City deposits up to the insured amount in addition to such insurance. This requirement will continue until the insurance agency regains a financially healthy status. In utilizing any banks, a review will occur to ensure that the institution is in a sound financial condition.

LAIF Demand Deposits are limited to $75,000,000 per agency.

A minimum of three quotes will be required on all investments if quotes are the established standard of seeking the best rates, i.e. CDs. Efforts will be made to fully consider local institutions.

A competitive bid process, when practical, will be used to place all investment purchases, other than those that are classified as “new issue” securities.

Financial institutions that the City utilizes must annually submit audited financial statements. Interest must be paid at least semi-annually, quarterly, preferably monthly, and at maturity. Interest must be calculated based on a 360-day year.

Criteria
Criteria for selecting investments and order of priority are as follows:

Safety – The safety and risk associated with an investment refers to the potential for loss of principal, interest or a combination of these amounts. The City only operates in those investments that are considered very safe.

Liquidity – This refers to the ability to “cash in” at any moment in time with a minimal chance of losing some portion of principal or interest. Liquidity is an important investment quality especially when the need for unexpected funds occurs occasionally.

3. Yield – Yield is the potential dollar earnings an investment can provide, and is sometimes described as the rate of return.

Safekeeping Securities purchased from brokers/dealers shall be held in third party safekeeping by the trust department of the City’s bank or other designated third party trust, in the City’s name and control, whenever possible.

City Constraints The basic premise underlying the City’s investment philosophy is, and will continue to be, to insure that money is always safe and available when needed.

Investments will not be made in the following media;

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3 Amounts over $250,000 which is not collateralized. Negotiable and Non-negotiable Certificates of Deposits over $250,000 which are not collateralized.

Deposit requirement of periods exceeding 365 days. Deposit or Maturity requirement exceeding 5 years.

The City will generally not invest in an institution, which has not been in business for at least three (3) years or with assets less than $50 million. As an alternative the City may invest a maximum of $99,000 in such an institution.

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STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Mar 28 2023
SUBJECT: Fire Department Emergency Response Report - February 2023.

ATTACHMENTS:
• TNP Monthly Totals - Feb
2023

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Incident Totals
1 6
2 2
0 13
196
2 2
10 234
San Bernardino County Fire Area Incident Report
Criteria: 2/1/2023 to 2/28/2023
Division(s): South Desert
Battalion(s): 6, 7
City(ies): Twentynine Palms
Investigation/Alarm
Other/Unknown Fire
Commercial Structure Fire assist
Traffic Collision
Totals
Incident Type
Vehicle Fire
Medical
Public Service
Structure Fire
Fuel Spill
Outside Elec Incident
Printed on 3/1/2023 3:39 PM Page 1 of 1 Page 22 of 124
Incident Totals
1 6
2 2
0 13
196
2 2
10 234
San Bernardino County Fire Area Incident Report
Criteria: 2/1/2023 to 2/28/2023
Division(s): South Desert
Battalion(s): 6, 7
City(ies): Twentynine Palms
Investigation/Alarm
Other/Unknown Fire
Commercial Structure Fire assist
Traffic Collision
Totals
Incident Type
Vehicle Fire
Medical
Public Service
Structure Fire
Fuel Spill
Outside Elec Incident
Printed on 3/1/2023 3:39 PM Page 1 of 1 Page 23 of 124

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STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Mar 28 2023
SUBJECT: Legislative Report - February 2023.

ATTACHMENTS:
• Federal Legislative February
2023 - Legislative Matrix
• Federal Legislative February
2023 - Monthly Newsletter

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Bill Number Sponsors Title and/or Summary Summary/Status Latest Action H.R.652 Rep. Julia Brownley (D-CA) To provide grants to reduce the amount of food waste, and for other purposes.

This legislation would provide grants to
reduce the amount of food waste, and
for other purposes.

Introduced in the House on January 31,
2023.

H.R.610 Rep. Greg Steube (R-FL)
To provide for the rescheduling of
marijuana into schedule III of the
Controlled Substances Act.

This legislation would reschedule
marijuana into schedule III of the
Controlled Substances Act.

Introduced on January 27, 2023 and
referred to the House Energy and
Commerce Committee.

H.R.550 Rep. Mike Garcia (R-FL)
To direct the Administrator of the
National Oceanic and Atmospheric
Administration to maintain a program
that improves wildfire forecasting and
detection, and for other purposes.

This legislation would direct the NOAA
Administrator to maintain a program that
improves wildfire forecasting and
detection.

Introduced on January 26, 2023 and
referred to the House Science, Space, and
Technology Committee.

H.R.505 Rep. Steve Cohen Legislation to increase the federal minimum wage to $15 per hour.

This legislation would increase the
Federal minimum wage to $15 per hour.

Introduced on January 25, 2023 and
referred to the House Committee on
Education and Workforce.

H.R.255 Rep. Jenniffer GonzalezColon (R-PR)
Federal Disaster Assistance Coordination
Act
This legislation would require a study to
streamline and consolidate information
collection and preliminary damage
assessments for certain disasters.

Passed the House under a suspension of
the Rules on January 25, 2023.

H.R.250 Rep. John Garamendi (D-CA) Clean Water SRF Parity Act This bill expands the state revolving fund
established under the Clean Water Act,
including by allowing low-interest loans
to be given to privately owned treatment
works to address wastewater. Currently,
loans are given to wastewater systems
that are publicly owned.

Introduced on January 10, 2023. Referred
to the House T&I Water Resources and
Environment Subcommittee.

H.R.215 Rep. David Valadao (R-CA) WATER for California Act This legislation was originally introduced
in the 117th Congress. It would require
the CVP and SWP to be operated
consistent with the 2019 biological
opinions, aims to hep ensure CVP and the
SWP stakeholders receive the water they
contract for, provides funding for the
Shasta enlargement project, and
reauthorizes the water storage program
originally created in the WIIN Act.

Introduced on January 9, 2023 and referred
to the House Natural Resources
Committee.

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H.R.186 Rep. Tom McClintock (R-CA) Water Supply Permitting Coordination Act
This legislation would authorize the
Secretary of the Interior to coordinate
Federal and State permitting processes
related to the construction of new
surface water storage projects on lands
under the jurisdiction of the Secretary of
the Interior and the Secretary of
Agriculture and to designate the Bureau
of Reclamation as the lead agency for
permit processing.

Introduced on January 9, 2023 and referred
to the House Natural Resources
Committee.

H.R.178 Rep. Mike Levin (D-CA) Public Land Renewable Energy Development Act of 2023
This legislation aims to promote the
development of renewable energy on
public lands.

Introduced on January 9, 2023 and referred
to the House Natural Resources
Committee.

H.R.160 Rep. Mike Garcia (R-CA) SALT Fairness Act of 2023 This bill repeals the temporary
restrictions in taxable years 2018 through
2025 on the deductibility of state and
local taxes.

Introduced on January 9, 2023 and referred
to the House Ways and Means Committee.

H.R.139 Rep. James Comer (R-KY) SHOW UP Act of 2023
This bill requires each executive agency
to reinstate the telework policies that
were in place on December 31, 2019.

Agencies may not implement expanded
telework policies unless the Office of
Personnel Management certifies that
such policies will have a positive effect on
the agency's mission and operational
costs.

Introduced on January 9, 2023 and passed
the House by a vote of 221 to 206 on
February 1, 2023.

Introduced on January 10, 2023 and
referred to the House Transportation and
Infrastructure Committee.

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H.R.289 Rep. Doug LaMalfa (R-CA) Protect Our Water Rights Act This legislation would update
requirements for the operation of the
Central Valley Project and Klamath River
Basin Reclamation Project by the Bureau
of Reclamation.

Introduced in the House on January 11,
2023 and referred to the House Natural
Resources Committee.

H.R.1361 Rep. Donald Payne (D-NJ)
This legislation would authorize the
Director of the Bureau of Justice
Assistance to make grants to States,
units of local government, and gun
dealers to conduct gun buyback
programs.

This legislation would authorize the
Director of the Bureau of Justice
Assistance to make grants to States, units
of local government, and gun dealers to
conduct gun buyback programs.

Introduced on March 3, 2023 and referred
to the House Judiciary Committee.

H.R.1335 Rep. Bruce Westerman (RAR) TAPP American Resources Act This legislation aims to restart onshore
and offshore oil, gas, and coal leasing,
streamline permitting for energy
infrastructure, ensure transparency in
energy development on Federal lands.

Introduced on March 3, 2023 and referred
to the Natural Resources, Agriculture, and
Budget Committees.

H.R.1347 Rep. Sylvia Garcia (D-TX)
This legislation would amend title 49,
USC to limit railroad carriers from
blocking railway-highway crossings.

This legislation would amend title 49, USC
to limit railroad carriers from blocking
railway-highway crossings.

Introduced on March 3, 2023 and referred
to the House Committee on Transportation
and Infrastructure.

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H.R.1367 Rep. Janice Schakowsky (DIL)
This legislation establishes a program to
increase drinking water and wastewater
system threat preparedness and
resilience.

This legislation establishes a program to
increase drinking water and wastewater
system threat preparedness and
resilience.

Introduced on March 3, 2023 and referred
to the Transportation and Infrastructure
Committee.

S.115 Sen. Marco Rubio (R-FL) Clean Water Allotment Modernization Act of 2023
This legislation would amend the Federal
Water Pollution Control Act to modify
certain allotments under that Act.

Introduced on January 26, 2023.

S.64 Sen. John Barrasso (R-WY) Water Rights Protection Act of 2023 This legislation would prohibit the
conditioning of any permit, lease, or
other use agreement on the transfer of
any water right to the United States by
the Secretary of the Interior and the
Secretary of Agriculture.

Introduced on January 25, 2023.

S.21 Sen. Dianne Feinstein (D-CA) Community Wildlife Protection Act of 2023
This legislation would amend the Healthy
Forests Restoration Act of 2003 to modify
the definition of the term “at-risk
community”.

Introduced on January 23, 2023.

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INNOVATIVE FEDERAL STRATEGIES, LLC
Comprehensive Government Relations
511 C Street, NE • Washington, DC 20002 • 202-347-5990 • Fax 202-347-5941

MEMORANDUM
To: Frank Luckino, City Manager, City of Twentynine Palms From: Letitia White, Jean Denton, and Drew Tatum
Date: March 2, 2023
Re: February Monthly Legislative Update
Republicans Use Review Power to Target Biden “Waters” Rule House and Senate Republicans introduced a measure to overturn a Biden rule broadening the definition of bodies of water subject to the Clean Water Act.

All 48 GOP senators, as well as 152 House Republicans, filed a joint resolution of disapproval under the Congressional Review Act to scrap the long-awaited, revised Waters of the US (WOTUS) rule the administration published last month. Although the resolution could advance in the GOP-controlled House, it’s unlikely to make it through the Senate unless Republicans can peel off votes from the Democratic caucus’s 51-seat majority. Even if Congress were to adopt the resolution of disapproval, it would be vetoed by President Biden.

The Biden rule essentially reinstates an Obama-era regulation that provided an expansive view of what qualifies as federal navigable waters, including wetlands and other smaller bodies of waters, giving the government a stronger say in environmental protection. It would void President Donald Trump’s 2020 Navigable Waters Protection Rule, which chucked the Obama rule and reduced the scope of federal authority related to WOTUS.

The measure could be the first big vote in either chamber related to environmental policy in the new Congress. Republicans have chafed at the broader WOTUS definition for years, saying it creates a regulatory burden on farmers, property owners, and small businesses. The Supreme Court heard oral arguments on the issue in October in Sackett v. EPA and is expected to rule on the case this year.

Sen. Shelley Moore Capito (R-WV), ranking member of the Environment and Public Works Committee, and House Transportation and Infrastructure Chairman Sam Graves (R-MO) are the lead sponsors of the resolution.

The Congressional Review Act gives Congress an expedited way to reverse executive regulations. Under the 1996 law, members have 60 legislative days from the time when an agency submits a rule to Congress to nullify it, and the clock resets at the start of a new session.

Disapproval resolutions under the CRA require a simple majority vote in both chambers.

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Democrats used the procedure several times in 2021 to overturn Trump administration rules, including one that weakened federal methane emissions standards on the oil and gas industry.

Republicans used it early in the Trump administration to overturn Obama-era rules.

The Biden WOTUS rule is scheduled to take effect on March 20.

House Republicans Offer Cuts They’d Back in Deal for Debt Limit Republicans on the House Budget Committee floated a list of sample budget cuts they could back in exchange for raising the nation’s debt ceiling.

The tentative list, put out by new committee Chairman Jodey Arrington (R-TX), could form the basis of an eventual proposed accord to avoid a market-rattling US default sometime this summer. House Speaker Kevin McCarthy (R-CA) is hoping to meet President Joe Biden will continue talks on raising the $31.4 trillion US limit, which was reached in January.

Biden, in his State of the Union address to Congress, vowed to prevent any default. He also lambasted some Republicans for proposing to terminate Social Security and Medicare unless reauthorized by Congress.

House Budget Republicans in their press release called on the White House to join the GOP in coming up with bipartisan solutions to prevent insolvency in the Social Security and Medicare trust funds, which are projected to hit funding crises in 2035 and 2028, respectively. “Democrats should stop preying on the fears of seniors by accusing Republicans of cutting Social Security and Medicare and, instead, work with us on bipartisan solutions to address their insolvency,” the press release said. The only ways to avoid benefit cliffs are to raise taxes — which the GOP has ruled out — curb benefits, restrict eligibility or, in the case of Medicare, curb health-care costs.

Arrington is beginning the process of assembling a budget outline that he hopes can pass in the House in April. His press release outlines hundreds of billions of dollars of potential savings for a debt-ceiling deal. While substantial, the savings would likely fall short of the goal of cutting spending by $1 for every $1 increase in the debt ceiling over a two-year period.

The chairman said he hadn’t yet run the proposals by McCarthy as possible offers to Biden in the talks.
“People keep asking me to identify cuts and this was to show I can immediately come up with some common sense cuts off the top of my head,” he said.

The cuts include potentially bipartisan ideas like ending improper payments and fraud in the food stamp program and clawing back $100 billion in unspent coronavirus funds.

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Other ideas are likely to meet greater Democratic opposition. These include stronger work requirement for able-bodied adults on food stamps and welfare, capping Obamacare subsidies at a lower income level and rescinding the Biden student loan forgiveness program.

Also targeted are items treasured by liberals, like environmental justice programs, postal-service electric vehicles, low-emission buses and legal assistance for asylum seekers. The press release calls for ending “woke” items like a Michelle Obama nature trail in Georgia.

The estimates for the cuts supplied by the committee span:
• $404 billion from Student Loans
• $281 billion from “improper payments” made by federal agencies • $100 billion from unspent Covid funds
• $87 billion from the Environmental Protection Agency
• $70 billion from reducing food stamp, child-tax credit fraud • $65 billion from lower Obamacare cap
• $13 billion from certain green vehicles
• $10 million from legal assistance for migrants
• $6.6 million from “woke” projects
• “Tens of billions” from reinstating reinstating work requirements in welfare programs such as food stamps
The Budget Committee’s top Democrat, Brendan Boyle (D-PA), assailed the proposals. “Why is it that whenever tough choices are required, Republicans want working families and children to make the sacrifice? Why not keep our children fed and families healthy, and instead work with Democrats to ensure the wealthy pay their fair share in taxes?” he said in an emailed statement.

Other House Republican committee and caucus chairs are pushing to create panels to study extending Social Security and Medicare solvency as part of any debt limit deal, even Republicans have indicated cuts to entitlement programs are off the table.

House Republicans have offered two bills to create panels to consider future legislation to shore up the solvency of entitlement programs — the Trust Act and the Bipartisan Social Security Commission Act — as possible parts of a debt-limit deal.

The discussion about creating commissions indicates some policy proposals floated by Republicans on entitlements — such as increasing the eligibility age or adding means-testing measures — are a possibility, even as GOP leaders say they’re not negotiating policy changes directly as part of a debt-limit vote.
“I wouldn’t think it’d be off the table,” Rep. Kevin Hern (R-OK), chairman of the Republican Study Committee, said last week of the Trust Act. “I would hope it wouldn’t be.”

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House Unanimously Approves Resolution Condemning China for Spy Balloon The House unanimously approved a resolution condemning the Chinese Communist Party’s use of a spy balloon over the continental U.S., labeling the situation “a brazen violation of United States sovereignty.”
The resolution — which cleared the chamber in a bipartisan 419-0 vote — came to the House floor five days after the U.S. shot down the Chinese spy balloon off the South Carolina coast, intensifying tensions between Washington and Beijing.
“An event like this, Mr. Speaker, must not happen again. And it cannot go unanswered,” Rep.

Michael McCaul (R-TX), the chairman of the House Foreign Affairs Committee and sponsor of the measure, said on the House floor during debate.
“They only understand one thing and that is force, and that’s projecting power, and we need to project power and force and strength against the Chinese Communist Party,” he added. “They must understand that we do desire peace, but infringing upon our sovereignty leads us down a dangerous path. Our adversaries must believe that any future incursion into American airspace by a spy balloon or any other vehicle will be met with decisive force. And that is why the House should pass this resolution.”
The Pentagon announced during the week of January 30 that it was tracking a high-altitude Chinese surveillance balloon floating over the U.S., prompting widespread media coverage. On Saturday, February 4, the U.S. shot down the object over water off the coast of South Carolina, and the American military is now working to recover the debris.

The situation prompted Secretary of State Antony Blinken to postpone his trip to Beijing.

Republicans were quick to criticize President Biden for waiting days to shoot down the balloon, which allowed the object to float across several states in the U.S. The president said he ordered the Pentagon last week to shoot down the balloon “as soon as possible,” and his national security officials determined that “the best time to do that was when it got over water.” Despite the criticism, McCaul said he wanted the resolution to be a bipartisan effort rather than a partisan measure that knocked the Biden administration. “It’s too important of an issue,” McCaul told reporters. “We want to stand strong together against China instead of having our internal fights.”
The resolution calls on the Biden administration to continue keeping Congress apprised of developments through “comprehensive briefings on this incident” that include a timeline of when the balloon was first detected to when it was shot down, an assessment of surveillance data the People’s Republic of China was potentially able to collect or send, a detailed account of measures taken to mitigate the intelligence collection threat from the balloon, a description of options to mitigate the situation, and an account of diplomatic communications between Washington and Beijing on the matter.

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The resolution also requests information on previous times the People’s Republic of China used surveillance balloons across the world.

And it denounces Beijing for its “efforts to deceive the international community through false claims about its intelligence collection campaigns” that violated American sovereignty. Beijing has insisted the object was a civilian weather balloon that went off course and mistakenly entered U.S. airspace.

Biden Delivers First State of the Union to Divided Congress President Biden addressed a divided Congress for the first time since Republicans took control of the chamber after the November elections.

Throughout his administration, the president has faced increasing doubts from both parties over his ability to lead the country for another four years, but after President Biden’s address even some Republicans — including his top political nemesis — had compliments for the president. “I disagree with him on most of his policies, but he put into words what he felt, and he ended up the evening far stronger than he began. Give him credit for that,” former President Trump shared on his Truth Social account just after Biden’s address wrapped.

As Biden prepares to announce his reelection bid in the coming weeks, his State of the Union address — on a prime-time national stage — showed that he can still be old school Biden:
nimble, crafty and quick to punch back.

And the president didn’t just stick to the script. During some of the most raucous moments in the chamber, House Republicans openly sparred with Biden, shouting “liar” and “it’s your fault” in response to some of his policy suggestions.

Biden shined in some of those moments, avoiding the types of gaffes he’s sometimes known for.

The most memorable moment of a live back-and-forth between the president and the GOP came when the president suggested that some Republicans want to “sunset” Social Security and Medicare, which led to “boo,” “no!” and “liar!” from the audience. “Folks, as we all apparently agree, Social Security and Medicare is off the books now, right? They’re not to be touched? All right. All right. We got unanimity!” Biden said, seemingly settling a wrought policy disagreement on live television.

His response seemed to work. Immediately, it put Republicans on defense. “Joe Biden sparring with the crowd and winning wasn’t something I expected,” former Rep.

Adam Kinzinger, the Illinois Republican who left Congress earlier this year, wrote on Twitter.

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White House press secretary Karine Jean-Pierre described the exchange as the president putting Republicans “on the defense.” Biden later recalled during a speech in Wisconsin that Republicans “sure didn’t like me calling them on it.”
Speaking on Fox News, House Speaker Kevin McCarthy (R-CA), who at times shook his head sitting behind Biden during the speech, accused the president of using a “political ploy” to “goad” members of his party into reacting.
“But the one thing we need to be is — we need to be smart. We need to be smart, don’t take the bait, stay with the American public about what we want to do,” McCarthy said.

The president said about a dozen times in his address that he wants to “finish the job” Americans gave him when he was elected in 2020, giving a nod to a 2024 bid.

The president is expected to announce that he is officially running for reelection in the coming weeks. In the meantime, the White House hailed Biden’s address as a success. “If you talk about the split screen, you saw that from the president and you saw what Republicans were all about, which is jeering and behaving in a way that, again, Americans don’t want,” said Jean-Pierre. “They told us very clearly after the midterms what they wanted.” Other Republicans besides Trump also complimented the president, saying the way he handled the hecklers will be remembered.

Biden entered the State of the Union on the heels of polls that showed much of his legislative accomplishments weren’t resonating with a significant swath of the American public. And while even a strong State of the Union address is unlikely to move the needle on such issues, Democrats are hopeful Biden’s determination will help him succeed in 2024.

Biden hit the road for Wisconsin, attempting to build on the momentum from his State of the Union address and double down on his argument that the economy is improving because of steps taken by his administration. He then traveled to Florida to double down on his State of the Union comments about protecting Social Security and Medicare. “Last night, I reported on the State of the Union. It is strong. It is strong,” the president said to union workers at the Wisconsin Laborers Training Center in DeForest, WI. “It is strong because of you.”
Special Counsel Shows Signs of Ramping up Trump Investigation The Justice Department probes into Donald Trump’s conduct appear to be ramping up, as special counsel Jack Smith approaches key allies of the former president with knowledge of his activities surrounding the Jan. 6 Capitol attack and classified documents discovered at Mar-a-Lago in Florida.

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In recent weeks, Smith has subpoenaed both former Vice President Mike Pence and then-White House chief of staff Mark Meadows, two figures with strong visibility into Trump’s actions leading up to and on the day of the deadly riot.

The Justice Department has also sought to pierce the attorney-client privilege connected to Trump’s lawyer in the Mar-a-Lago probe, Evan Corcoran, alleging he may have given legal advice in furtherance of a crime.

Approaching high-level targets is often a late-stage move for prosecutors, a sign the investigative stage of Smith’s Jan. 6 work could be winding down.

Meanwhile, the approach with Corcoran relays that the team will take an aggressive posture with anyone involved in the probe they believe may have committed criminal activity. “We can draw a few conclusions from it that are fairly apparent. One is that Jack Smith is conducting a very aggressive investigation. Issuing a subpoena to an attorney is itself an aggressive step that requires high levels of supervisory approval of the United States Department of Justice,” said Renato Mariotti, a former federal prosecutor. “I don’t think a prosecutor subpoenas Mike Pence unless they are far along in speaking to a number of other witnesses.”
The tactics are not without their challenges.

Pence has said he will challenge the subpoena, and it’s up to a federal judge to compel testimony from Corcoran.

Still, it’s a sign of progress in the dual probes, including with the Jan. 6 investigation, which has been perceived as presenting a much more complex case for any possible prosecution of Trump.

The documents case largely relies on showing willful retention of national defense information, something observers see as more straightforward given the lengthy battle to secure the return of classified records from Mar-a-Lago. The warrant to search the property also cited potential obstruction of justice.

Trump’s culpability for Jan. 6, however, is more complex, with possible statutes for prosecution requiring the demonstration of Trump’s intent.
“A lot of people believed that because the Mar-a-Lago case would be an easier case to prove that [Smith would] focus attention there and put the January 6 investigation on the back burner or put that second in line, and that has not been the case,” Mariotti said. “I think it’s evidence that his investigation — at least to this Jan. 6 piece — is fairly far along.”

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Danya Perry, a former federal prosecutor, said the moves also show the Mar-a-Lago probe into Trump has not been sidelined by the discovery of classified documents among the belongings of other former presidents.
“Obviously the special counsel has not decided to hang it up, which I think some people thought [he might] when news came out about a number of other former White House officials having classified documents,” Perry said.
“That side of the ledger, the classified documents side, it does seem to be focused on the potential obstruction issues given that he’s been trying to get testimony out of Corcoran.” For his part, Pence is planning to roll out a novel legal strategy to sidestep the subpoena, one that hinges on his role on Jan. 6 as the presiding officer of the Senate.

His team is expected to argue that under his former position as president of the Senate, his work technically falls under the legislative branch, and he is therefore protected under the “speech and debate” clause of the Constitution, according to a source familiar with the former vice president’s plans.

Investigators likely want to speak to Pence about a number of meetings and conversations related to whether the then-vice president had the authority to buck his ceremonial duty to certify the election.

Mariotti says asking about more widely attended meetings they may have discussed with prior witnesses allows them to “test the veracity of what he says” before asking about conversations that were exclusive to the vice president and Trump.
“The ordinary course would be to interview all those other people, and then try to pursue Mike Pence with the knowledge that you already have from others,” he said.

But Perry warned that the Pence subpoena is no guarantee that Smith has completed his work talking to other witnesses.
“Jack Smith was probably aware that they’re going to invoke executive privilege. And so realized it would be a slog and so maybe wanted to get the ball rolling,” she said. “Smith has certainly spoken with other witnesses,” she said, but could have initiated a subpoena sooner rather than later with the understanding that “it would be efficient for him to start a court battle now.”
Trump and his side have in some ways been just as aggressive in trying to push back against Smith’s investigations or shape the public narrative around them. The former president has routinely complained about Smith’s wife’s donations to Democratic candidates.

Trump’s team has said it will assert executive privilege over any potential testimony by Pence in the case, and it may seek to do the same should Meadows testify.

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Perry said the process is likely to stretch into the campaign season. “We’re just at the beginning, I think, of a bunch of fights that are going to play out in front of different courts and probably then travel up and down the court system,” she said, noting the potential for challenges from Pence, Trump and Meadows. “They are going to play out over many, many months, if not longer,” she said. “It’s not going to be lightning fast. It’s going to be more glacial.” And the special counsel’s probes are not the only legal headache for Trump.

This month a judge allowed the partial release of a report compiled by a Georgia grand jury tasked with reviewing Trump’s interference in the state following the 2020 election.

Though the jurors determined the report should be released, Fulton County District Attorney Fani Willis warned that doing so could compromise the proceedings for “multiple” future defendants in a case where charging decisions are “imminent.” Fulton County Superior Court Judge Robert McBurney largely sided with Willis, determining that only the introduction and conclusion of the report should be released, along with one section discussing potential perjury that did not name any witnesses who appeared before the grand jury.

While the report’s three pages were slim on substantive details, they made two conclusions clear:

There was no widespread fraud in the state that could have altered Trump’s loss there, and that at least one witness may have lied to the grand jury.

Section 230, Student Debt Top Divisive Supreme Court Agenda The Supreme Court began a two-week argument session in February that includes divisive clashes over student debt forgiveness and a controversial liability shield known as Section 230 that Big Tech argues is fundamental to social media.

The justices will began the busy period by weighing the scope of Section 230 before hearing from the Biden administration the following week. Lawyers for the administration are seeking to fend off challenges to block its plan to forgive up to $20,000 in student debt for qualifying borrowers.

Rulings in the cases are expected by the summer. Here’s a preview of the two cases:

Section 230
The justices heared Gonzalez v. Google, which could upend protections internet companies have had throughout the nearly two-decade rise of social media.

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The plaintiffs, relatives of a victim who was among the more than 100 people killed in a series of attacks by Islamic State terrorists in Paris in November 2015, sued Google under federal antiterrorism laws.

The family accused Google of aiding and abetting terrorism by purportedly recommending proISIS content to users on YouTube, but Google argues that its recommendations are protected by Section 230, a controversial provision that shields internet companies from liability for content provided by a third-party user.

The tech industry contends that taking the family’s side would dampen a critical shield that effectively allows the modern internet to function.
“Recommendation algorithms are what make it possible to find the needles in humanity’s largest haystack,” Google wrote in its brief.

The dispute may also have broader impacts beyond the tech industry.

The justices will interpret the anti-terrorism law that the family believes makes Google liable in the first place.

The court has taken it up through Twitter v. Taamneh, a case brought by relatives of another ISIS terrorist attack victim that levies similar allegations against social media platforms.

Google has suggested that siding with the tech industry in Taamneh would resolve both cases, because Google wouldn’t have any liability to need Section 230’s protections.

Sen. Chuck Grassley (R-IA) and some legal scholars argue taking Big Tech’s position would let terrorism sympathizers off the hook, while other observers contend that holding the companies liable would lead foreign countries to reciprocate in their courts against the U.S.

Student debt forgiveness
The Biden administration is attempting to save its student debt forgiveness program. The Court heard arguments in two cases on February 28th.

Six Republican-led states and two individual loan borrowers who did not qualify for the relief argue the administration should not be allowed to forgive up to $20,000 in debt for qualifying individuals.

Their lawsuits have stalled the program, and the justices now are poised to deliver the final verdict on whether Biden can move ahead with fulfilling one of his campaign promises.

The administration asserts that neither group has standing, meaning the legal capacity to sue, so the justices shouldn’t even consider the merits of their challenges.

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If the justices do reach the merits, they will weigh whether Education Secretary Miguel Cardona could forgive the debts using an authority connected to the national emergency established during the pandemic.
“It’s going to help tens of millions of folks,” Biden said last month. “Folks on Pell Grants were hit financially because of the pandemic. Seventy percent of Black college students receive Pell Grants. For many Black students, the saving will be significant in my debt relief plan, including wiping out their student debt completely. That’s a real game-changer.” Both groups of challengers contend Cardona overstepped his authority, arguing the plan would need clearer authorization from Congress.
“This case calls on the Court once again to stop the administration from unlawfully invoking COVID-19 to assert power beyond anything Congress could have conceived,” the six Republican attorneys general argued in their brief.

The individual challengers also argue Cardona did not follow proper procedures and that they were denied their rightful opportunity to provide written comments on the plan.

Republicans Look to Narrow House Earmark Rules
House Republicans plan to impose stricter limits on earmarks in government funding bills, a move that will likely complicate negotiations with senators on an eventual spending package.

Conservatives have criticized certain earmarks—such as last year’s funds for a Michelle Obama hiking trail in Georgia or LGBT San Diego student support—as frivolous glamour projects.

They’ve said they’ll block similar proposals from this year’s spending bills, even as the vast majority of House Republicans chose to allow the earmarking process to continue.

The anticipated changes could widen discrepancies between House and Senate rules, an obstacle for the earmarking system — revived after a decade-long ban on the practice — in its first year operating in a divided Congress. The modifications also could create another challenge to reaching a bicameral funding deal later this year, already complicated as the GOP House majority looks to roll back spending.

House Republicans have agreed to limit earmarks to projects with a clear “federal nexus,” Rep.

Andrew Clyde (R-GA) said in a recent interview. Appropriators have released new guidance, which will spelled out which funding programs won’t be eligible for earmarks. “I’m happy that one of the things that we’ve negotiated in conference is that earmarks have to have a federal nexus,” Clyde said, adding that he won’t submit earmark requests.

Michael Thorning, director of governance at the Bipartisan Policy Center, said the criticisms of individual earmarks reflects a push by The Heritage Foundation and other conservative groups to delegitimize a process that has garnered support from Republicans. The Bipartisan Policy Center

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has supported the revival of earmarks and has made recommendations for transparency measures and other rules.
“It’s naked partisanship from people hoping to gin up opposition to directed spending,” Thorning said in a phone interview. “I fear that in entertaining it, that if you give an inch, they will take a mile.”
Clyde and other conservatives’ push to restrict earmarks to more federally aligned programs might cut down on projects funded through some of the most popular bills for member requests.

This includes the Transportation-HUD and Labor-HHS-Education bills, which received the two highest earmark amounts within the fiscal 2023 omnibus, $5.6 billion and $2.7 billion, respectively.

Clyde pointed to a $1.2 million earmark in the fiscal 2023 law, secured by Rep. Sara Jacobs (DCA), for centers at San Diego Community College to support LGBT students, one of several she touted after the package’s passage.

It’s drawn significant attention from conservatives, including The Heritage Foundation. House Budget Committee Republicans singled out that project, and another one by Rep. Hank Johnson (D-GA) funding work on the Michelle Obama hiking trail, as potential funding cuts that could be tied to a debt-limit agreement.

Lawmakers added 7,234 earmarks totaling $15.3 billion to the $1.7 trillion fiscal year 2023 omnibus funding package. That included 931 earmarks totaling roughly $2.3 billion for House Republicans and 667 earmarks adding up to about $3.2 billion for Senate Republicans—not including bipartisan or bicameral earmarks.

House and Senate appropriators already have some differences in how they add earmarks, so a split between the two chambers won’t likely cause major issues for overall spending negotiations, Thorning said.

But lawmakers would be wise to reduce those differences and make the same funding accounts eligible for earmarks in both chambers to ensure applicants aren’t confused, he said.

Sens. Patty Murray (D-WA) and Susan Collins (R-ME), the chamber’s top appropriators, should discuss with House leaders how the chambers will approach earmarks, Sen. John Boozman (RAR), ranking member of the Senate Appropriations Military Construction-VA Subcommittee, said in a hallway interview.
“I don’t know that there’ll ever be an official sit-down on this, but I think an informal” talk should happen, Boozman said. “I would hope that those kinds of talks happen, so that we can have a seamless process.”
Sen. Chris Van Hollen (D-MD), chair of the Financial Services and General Government Subcommittee, said he expects senators to maintain their earmarking system. He acknowledged it could take some work to settle on which projects make it into a final, bicameral deal.

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IFS Monthly Report 13 | Page
“I think we’ll stick with our system over here,” Van Hollen said in a hallway interview. “Obviously, the House can do what they want to do. We’ll have to resolve it later.” Jill Biden Indicates President Will Run for Re-Election First lady Jill Biden indicated that President Biden will run for a second term, giving one of the strongest nods toward a 2024 bid from the president’s inner circle. “He says he’s not done,” Biden told The Associated Press in an interview in Kenya. “He’s not finished what he’s started. And that’s what’s important.” “How many times does he have to say it for you to believe it?” she added.

Biden has said that he intends to run for reelection but has not yet announced official plans.

Biden’s former chief of staff Ron Klain, a longtime close confidant of the president’s, also gave a strong nod recently when he said he will be by the president’s side when he runs again.

When asked if she has the deciding vote on Biden’s 2024 plans, the first lady, who is considered one of his closest advisers, said “of course he’ll listen to me because we’re a married couple.” “He makes up his own mind, believe me,” she added.

Biden is expected to make an official decision in the coming months but has made other nods to a reelection bid; in his State of the Union address, the president said about a dozen times that he wants to “finish the job.”
An official announcement in the spring would align with most of the president’s recent predecessors, including former President Obama who announced his reelection bid in early April 2011.

The first lady is on a five-day trip to Africa with her granddaughter, Naomi Biden. They arrived in Kenya after visiting Namibia. Biden is the third U.S. official to visit Africa this year after Treasury Secretary Janet Yellen and U.S. Ambassador to the United Nations Linda ThomasGreenfield.

Her trip comes after the president announced at the end of the U.S.-Africa Leaders Summit in December that he will travel to sub-Saharan Africa in 2023. He said at the time that there will also be visits to Africa from other officials, including his wife.

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