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REMINDER: My email@example.com email address is still in DNS hell. firstname.lastname@example.org (where that other email usually goes anyway) is working just fine.
BALANCE OF POWER: Note that I don't list district-specific predictions below, but rather use probabilities in toss-ups to make projections. Individual race ratings are on the ATC district pages.
Happy Tuesday! Today, the Conference Committee on SB 901 (Dodd) looking at wildfire preparedness and response meets at 2 p.m. in Room 4202. Today's hearing is on Wildfire Fuels Reduction. The agenda for Thursday's hearing upon adjournment of session has not been posted and the hearing is still noticed for the tiny Room 112. Hearing dates have not been set for next week.
SPORTS PAGE: Regardless of who won, the Giants @ Dodgers game yesterday was a great game. Final score was Giants 5, Dodgers 2. Today's 7:10 first pitch will find Andrew Suárez pitching for the Giants and Alex Wood on the mound for the Dodgers. The California Angels (always to me) are in Sandy Eggo at 7:10pm. The A's host the Mariners in the Coliseum at 7:05pm.
Sorry about the errors yesterday. The positive thing is that after several months of insomnia, I seem to have cracked it. Yesterday I woke up and started working at 6:30am rather than my normal 5am or earlier. I may need to actually set an alarm.
SACTOWN TALKS: On Friday night, I sat down with former legislative staffer Gibran Maciel to chat it up on his SacTown Talks podcast and we covered lots of ground.
1:30 - Intro & explaining The Nooner
TAKE ME OUT TO THE BALL GAME (FOR THE KIDS): As a reminder, Wednesday night is the annual Legislative All-Star Softball Game at Raley Field, with the first pitch is at 7 p.m. The Democrats' team is led by Ian Calderon (D-Whittier), Kevin McCarty (D-Sacramento), and Kevin Mullin (D-South San Francisco), while the Republicans are led by Brian Maienschein (R-San Diego). The event costs $20 and the proceeds go to the Mustard Seed School established by the Loaves & Fishes homeless shelter, which serves students 3-15 for free. The school provides far more than education for children in homeless families.
The post-game entertainment will be provided by local band Remedy7, with some stars you might recognize from the Capitol scene. After all, this week is not just about "A, B, and C" roll calls. On Wednesday, get your softball fix (or laughs), followed by your rock and roll call--all for a good cause.
Buy your ticket(s) here with the access code LAG. (I had a bad link the last couple of days.) Once purchased, redeem the voucher with Karla Mendoza in Assemblymember McCarty’s office to pick up or arrange for delivery of your Legislative All-Star Game tickets.
Rankings in California's Top 20 in history from over the last 12 months:
FERGUSON: The Yosemite-area fire has burned 96,606 acres and is 80% contained. There have been two firefighter deaths associated with the fire, which has now burned for over a month.
Yosemite Status: Wawona Road (Hwy 41) between Wawona and Yosemite Valley, and Glacier Point Rd are closed due to fire
CARR (Shasta/Trinity): The Carr Fire continued to burn at a slower pace and no new destruction or deaths or serious injuries have been reported.
MENDOCINO COMPLEX (Colusa/Lake/Mendocino): Yesterday saw the first death in the largest wildfire in California history, and it was that of Draper City Fire battalian chief Matt Burchett, 42. The identify of the firefighter has not been released, except that he was from Draper City, Utah as part of the mutual aid provided from seventeen states. He was one of five from the Draper fire department just south of Salt Lake City batting the Mendocino Complex fire. Burchett was injured on the scene fighting the fire and subsequently succumbed to his injuries at the hospital.
Burchett leaves behind a wife and young son.
Draper City, UT Fire Department Battalian Chief, Age 42
The River Fire component of the complex on the west side is now 100% contained and the River Fire on the east side is 68% contained.
HOLY FIRE (Orange/Riverside counties):
More stories below . . .
U.S. SENATE: For McClatchy, Emily Cadei looks at how state senator and Senate candidate Kevin de León is needling Senator Dianne Feinstein on the Supreme Court confirmation of Brett Kavanaugh. Feinstein is “playing polite, country-club politics,” as she pursues records from Kavanaugh’s time in the George W. Bush White House, state Sen. Kevin de León complained in a recent e-mail to supporters. And she and other Senate Democrats aren’t leveraging all the procedural tools they have to stall Kavanaugh’s confirmation. As de León told California Democratic activists in July, “We need to shut the Senate down!”
AB 931 (Weber and McCarty): I had a meeting at Chicory yesterday and after the meeting I finished my iced tea on the patio. Streaming out of the Capitol were dozens of people that had been lobbying for AB 931, which would limit the use of force by peace officers under certain circumstances and seeks to have de-escalation actions taken before force is used. While community, social justice, and religious groups are pushing hard to get the bill out of Senate Approps on Thursday, they have an uphill battle facing off against law enforcement.
The Senate Appropriations analysis uses creative means to stretch the "unknown costs" by looking at the cost to imprison an officer found guilty of misconduct in use of force. Of course, if they were right in thinking they need to shoot somebody who dies, isn't that net cost neutral in a grim way?
I'd bet this dies on the Suspense File. Follow the money.
Meanwhile, in light of the tragic Stephon Clark fatal shooting, the City of Sacramento's police department has created new policies for chasing suspects, report Molly Sullivan and Anita Chabria in the Bee. "Under a new policy set to be announced by the department Monday, foot pursuits in risky circumstances like the one that ended Clark’s life may be discouraged. Instead, officers will be asked to weigh their own safety, the safety of the public and the importance of apprehending the person before and during a pursuit."
DYNAMEX: The other thing that was clear in my conversations with folks from a variety of perspectives, the legislative hopes of the business community, particularly high tech, to modify the Labor Code to narrow the reach of the California Supreme Court's (SCOCAL's) April 30 Dynamex decision is still alive, despite the statements by Assembly Speaker Anthony Rendon and Senate President Pro Tem Toni Atkins that no actions would take place in the last week of session.
The tech community is lobbying hard in tech heavy legislative districts particularly in San Francisco, the Peninsula, Silicon Valley, and the west side of LA are pushing Democrats that represent the areas to push back in caucus to get permission to join Republicans in a "fix." Labor obviously is fighting hard on the other side.
While the decision does not immediately affect any businesses other than Dynamex and only applies to the plaintiff class in the original lawsuit, it does set a new legal standard for employment classification that is effective immediately for any new cases.
The employer side argues that it is an invitation for a lawsuit gold rush while the Legislature is gone from September until January and nothing would likely happen in the first six months of 2019. Class actions are very expensive as they work their way through the process.
Labor argues that SCOCAL's new standard is a standard used in many other states and is a simpler test than the 9-factor test previously used.
All this said, don't believe someone who argues that the Dynamex decision itself would cause the tech companies to leave California. California is the biggest market for Uber and Lyft, and perhaps Instacart. If companies such as those moved to the most "pro-business state," they would still have to follow California law for workers who are operating in California.
There may be other reasons, but it's nothing like a factory making widgets for a high tech firm to pick up and move.
DASH FOR CASH: Amidst Appropriations Suspense files, there are 16 legislative fundraisers listed by my friends at the Capitol Morning Report.
PROP 5 (senior property tax changes): Joel Fox catches that the California Association of Realtors, the sponsors of Proposition 5, have filed a similar initiative for title and summary to begin signature collection for 2020, raising the possibility that polling may not be great for November 6. The measure allows the carry-forward of the property tax base value from a current primary residence to a replacement residence, even if the replacement resident has a higher valuation.
THE IMPACT OF SACTOWN's HOUSING CRUNCH: A team of students in the journalism program at Sac State have an article in Capitol Weekly that goes beyond the numbers and looks at the human impact of the housing crisis in the Sacramento region.
#CAKEDAY: Light those candles for Dan Kalb, Eva Spiegel, and Pamela Woudstra!
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As Democratic Party Activists Reject Sen. Feinstein, Which Side Of The Debate Is More In Touch With Voters?
Phil Willon, Seema Mehta @ latimes.com
Kevin de Leon landed the California Democratic Party endorsement for Senate, but in a state that has long had weak parties, that may not help much as he seeks a way out the deep hole he's in facing off with Sen. Dianne Feinstein in November. Feinstein has seldom courted party insiders.
The Daily 202: By overturning ballot initiatives, more lawmakers are rejecting the will of their voters
Democrats and Republicans, from D.C. to S.D. and Maine, disregard the outcome of popular referendums.
Prosecution Rests In Paul Manafort's Tax Evasion And Bank Fraud Trial
Associated Press @ latimes.com
The prosecution rests in their tax evasion and bank fraud case against President Trump's former campaign chairman, Paul Manafort.
Omarosa Claims New Tape Shows Trump Campaign Staffers Discussing Racial Slur - Politico
Omarosa Manigault Newman has alleged that there is a recording of President Trump using the n-word from his time hosting NBC's "The Apprentice." | Saul Loeb/Getty Images
Religious Website Triggers Complaint Against Edwards Air Force Base Brigadier General
Sarah Parvini @ latimes.com
On Sunday, the Military Religious Freedom Foundation made an official demand to Defense Secretary James N. Mattis to “immediately and comprehensively” investigate Air Force Brig. Gen. E. John Teichert.
Warm, High-profile Welcome For Taiwanese President In The United States - Politico
Beijing considers the understanding the foundation for any cross-strait talks but, unlike her predecessor Ma Ying-jeou, Tsai has resisted going down that path since she became president in May 2016.