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The City Council will consider taking advantage of a new state law that allows sharing information between the Franchise Tax Board and city to make sure that local businesses are paying their full share of taxes.  

Current state law allows only limited exchange of information between state and municipal tax collectors.  

Proposed legislation, AB63, would open up the lines of communication. The law was approved by the state Senate on Sept. 13 and is awaiting the governor’s signature.  

According to the recommendation, submitted by Mayor Shirley Dean, there are businesses that avoid paying city taxes by failing to file tax returns with the city auditor or underreporting their earnings. By sharing information with the Franchise Tax Board, the city would be able to crosscheck state records for accurate and consistent tax filings.  

Crime rates 

In light of an annual FBI report and Census 2000 information that Berkeley (including the university campus) has the second highest number of crimes per person committed in the state, the council will consider asking the city manager to prepare a detailed crime report that includes the UC Berkeley campus.  

The FBI Crime Index reported that there were 7,731 crimes committed in Berkeley during 2000, equal to 70 crimes per 1,000 people. The only other city with a higher number of crimes per person is Fresno, which experienced 76 crimes per 1,000 people. The crimes include murder, rape, robbery, assault, burglary, theft and arson for California cities with populations of 100,000 or greater. 

When UC Berkeley is taken out of the mix, the city’s crime rate drops from the previous year. In 1999 there were three murders, the same as 2000 and the numbers of robbery, larceny and theft all declined. But the occurrences of aggravated assaults more than tripled from 416 in 1999 to 1,364 in 2000, according to statistics included in a report from the mayor’s office. (The report does not indicate the mayor’s source.) 

To get a larger picture of the scope of Berkeley crime and possible solutions, the council will consider asking for a report that includes detailed information about crime on the UC campus. 

Flagpoles 

The council will consider a recommendation by the mayor that flagpoles be installed in front of the Public Safety and Civic Center buildings.  

Dean’s office was inundated with angry telephone calls from around the county two weeks ago when talk show host G. Gordon Liddy falsely accused the mayor on his nationally syndicated radio program of temporarily removing American flags from the city’s fire trucks. Liddy also broadcast Dean’s office telephone number. 

“In conjunction with recent events, many constituents have inquired about the absence of flagpoles outside the Civic Center and Public Safety Building.” Dean’s recommendation reads. “These items were omitted from the construction budgets during the recent renovations in an effort to hold down costs. I think it would be appropriate to reconsider this decision.” 

Earthquake repairs evaluated  

The City Manager’s Office has concluded an investigation of homeowner allegations of substandard, state subsidized repair work in the wake of the Loma Prieta Earthquake. 

The report found that the majority of work was up to industry standard, although there was some shoddy work done. 

After the quake on Oct. 17, 1989, the California Natural Disaster Assistance Program distributed $87 million in quake damaged regions to homeowners who needed low-interest loans for quake damage.  

CNDAP issued 53 loans to Berkeley homeowners for a total of $3.3 million at an interest rate of 3 percent. The city administered the loans and hired contractors to complete the repair work, most of which was carried out in the mid-1990s.  

But in Oct. 1999, after a group of 15 homeowners complained to the City Council that much of the work was faulty and caused either more damage or the need for additional repair work, the council asked the city manager to investigate.  

The city hired the George Hills Company, an independent insurance adjuster to investigate the claims.  

Homeowner complaints included unfinished work, leaky roofs and substandard patching and painting. 

According to the George Hills Company report, which was completed in July, many of the complaints were unfounded. 

“Without question the majority of approved/funded repairs were completed to the satisfaction of homeowners and appeared to reflect quality to the industry standard,” the report read.  

“This investigation also revealed some legitimate complaints and problems among a minority of the homes viewed.” 

The city manager’s report pointed out that homeowners have missed the six-month time limit for filing lawsuits but added “Any decision to compensate or rectify problems would be the policy decision made by the Berkeley City Council.” 

Other matters 

• The council is expected to approve the Downtown Berkeley Business Improvement’s 2002 annual report and announce its intention to levy renewed assessment for the district to pay for streetscape improvements and downtown business promotion. 

• The council is expected to authorize the city manager to participate in a working group of county law enforcement agencies to discuss the feasibility of building a crime laboratory. The group will discuss the location of the proposed laboratory, funding sources and what to look for in a laboratory director. 

• The Family Violence Law Center and the Berkeley Police Department will submit a report to council detailing trends in domestic violence.  

• The council is expected to direct the Public Works Department to make a serious effort to clean dead leaves and other debris form the city’s catch basins.  

The recommendation, from Councilmember Polly Armstrong, says that early action could prevent problems. 

“If the Public Works Department could take on a proactive role here, and clean out these catch basins before the rains arrive in November, storm runoff could run through the city’s gutters and our streets would be flood free,” the report reads. 

Executive session 

The City Council will hold a closed session meeting at 2180 Milvia St. in the Sixth Floor Conference Room at 5:30 p.m. to discuss 66 public and general liability issues. There will be 10 minutes allotted for public comment prior to the closed session.