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          the City Council has revoked and withdrawn its notice to the  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,  








                                                                  AB 2615
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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