BILL ANALYSIS
AB 2615
Page 1
Date of Hearing: April 14, 2008
ASSEMBLY COMMITTEE ON TRANSPORTATION
Mark DeSaulnier, Chair
AB 2615 (Houston) - As Introduced: February 22, 2008
SUBJECT : Transportation funding: City of Berkeley
SUMMARY : Withholds local streets and roads bond dollars from
the City of Berkeley (City) until the Controller determines that
the City Council has revoked and withdrawn its notice to the
United States Marine Corps that it is unwelcome in the City and
until the City rescinds its order granting a parking space in
front of the Marine recruiting office to the group "Code Pink."
EXISTING LAW:
1)Provides $19.925 billion in bonds in 14 different programs,
including $1 billion to cities from the Local Street and
Roads, Congestion Relief, and Traffic Safety Account
(Account).
2)Of the funds in the Account directed to cities, stipulates
that each city is to receive at least $400,000. The remainder
of the funds is to be distributed to cities proportionally
based on population.
3)Requires these funds to be used for improvements to
transportation facilities that will assist in reducing local
traffic congestion and further deterioration, improving
traffic flows, or increasing traffic safety that may include,
but not be limited to, street and highway pavement
maintenance, rehabilitation, installation, construction and
reconstruction of necessary associated facilities such as
drainage and traffic control devices, or the maintenance,
rehabilitation, installation, construction and reconstruction
of facilities that expand ridership on transit systems, safety
projects to reduce fatalities, or as a local match to obtain
state or federal transportation funds for similar purposes.
4)Requires cities, prior to receiving funds from the Account, to
submit to the Department of Finance (Finance) a list of
projects expected to be funded with bond funds.
AB 2615
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5)Requires Finance to report monthly to the State Controller
(Controller) on the eligible local agencies that have
submitted the appropriate project lists and directs the
Controller then to allocate funds to those agencies.
6)For the 2007-2008 fiscal year, appropriates $550 million in
bond funds to cities from the Account.
FISCAL EFFECT : The City's total allocation of Proposition 1B
funds for local streets and roads is $3.3 million. In the
current fiscal year, $550 million has been allocated from the
Account for cities. Of this amount, the City's allocation is
$1,710,519. According to the Finance website, Finance has
already directed the Controller to release the entire amount of
funds due to the City from the current year's allotment.
COMMENTS : On January 29th, 2008, the City of Berkeley approved
a resolution stating, "?the Marine recruiting office is not
welcome in our city, and if recruiters choose to stay, they do
so as uninvited and unwelcome intruders. BE IT FURTHER
RESOLVED, that the Council of the City of Berkeley encourages
all people to avoid cooperation with the Marine Corps recruiting
station, and applaud residents and organizations such as Code
Pink, that may volunteer to impede, passively or actively, by
nonviolent means, the work of any military recruiting office
located in the City of Berkeley."
On February 13, 2008, the Berkeley city council decided 7-2 not
to send the letter they had asked the city clerk to draft to the
Marines. The new letter written reportedly affirmed "the
recruiters' right to locate in our city and the right of others
to protest or support their presence." The new letter also
stated that Berkeley did not support "the recruitment of our
young people into this war" but "deeply respect and support the
men and women in our armed forces." The council let stand its
previous motions concerning the Marine Corps recruiting center,
including the granting of a parking and noise permit for Code
Pink.
According to the author's office, the city "has dedicated public
resources to the efforts of the individuals that are purporting
a private political agenda. Many of these individuals are
physically blocking access to the recruiting office?This
constitutes an attempt to infringe on the rights of those who,
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at their own will, want to become Marines."
The author points out that this bill does not affect Bay Area
public transportation or regional transportation corridors.
Rather, the bill is focused on impacting the City, which is
"represented by a council that has violated the public
right-of-way by setting aside a public resource for a private
agenda."
REGISTERED SUPPORT / OPPOSITION :
Support
None received
Opposition
None received
Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093