expanded oakland gang injunction resolution

8/4/2019 Expanded Oakland Gang Injunction Resolution

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FILED-O H i C l OF THE C(T> ClERfOAKLANDONEFRAM"??6MI?IIJZA. 2 ' F L O O R - O A K L A N D , CA 946 1 2C o u n c i l President Pro Tern De La Fuente (510) 238-7005

F A X : ( 5 1 0 ) 238-6129.T T Y / T D D : ( 5 1 0 ) 839-6451

T O : Oakland City Counci lF R O M : Counci l President Pro Tempore De La FuenteD A T E : October 4, 2011RE : Resolution Amending The Policy The City Council Adopted On May 17,2011, Which Policy Precludes Further Gang Injunctions Until The CityConducts A Study Of The Effectiveness Of The Fruitvale And North OaklandGang Injunctions, To Authorize And Direct The City Attorney And The CityAdministrator To Evaluate And Bring Back Options To The Council To InitiateGang Injunction Litigation In East And West OaklandDear Colleagues -A s of September 23, 2011, 85 individuals have lost their lives on the streets of Oakland.It is our collective responsibility to support efforts to stop the ki l l ings on our streets.We've supported intervention and prevention programs for years, our staffing levels inthe police department have fluctuated, we've enacted policy to address the violence yetthe kill ings continue.

A s we all know, the City Attorney has brought a c iv i l action in the name of the people ofthe State of Cal i forn ia , pursuant to Section 731 of the California Code of C i v i l Procedure,to abate a public nuisance as defined by section 3480 of the C i v i l Code, where thenuisance claimed is gang activity. The focus of such c iv i l action is two Oaklandneighborhoods, Fruitvale and North Oakland.O n May 17, 2011 the Counci l adopted policy which precludes further gang injunctionsuntil the conclusion of a study of the effectiveness of the Fruitvale and NorthOaklandgang injunctions. We submit to you this resolution requesting that the C o u n c i l amendthat May 17 " policy and that we authorize and direct the City Administrator and CityAttorney to evaluate and bring back options to initiate Gang Injunction litigation in Eastand West Oakland.In the second quarter of 2011, Beat 30X located in East Oakland has had a 300%increase in homicides compared to the first quarter of the year and is the secondhighest police beat reporting violent crime in the second quarter of 2011.

Item 15ORA/City CouncilOctober 4, 2011


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Oakland's most recent second quarter violent crime report states that eight of the tenmost violent beats are located in East Oakland and Oakland's most violent beat-inEast Oakland reported more violent crime than the eight Oakland Hills beatscombined.

West Oakland has also seen an unprecedented number of shootings compared to otherareas of Oakland, some West Oakland neighborhoods have seen a 100% increase inshootings in the second quarter of the year compared to the first quarter.The following chart is taken from the 2010 US Department of Justice, Federal Bureauof Investigation, Unifonu Crime Report for crime reported in the City of Oaklandduring calendar year 2010.ViolentCrime

Murder/Non-negligentManslaughter

ForcibleRape

Robbery AggravatedAssault

PropertyCrime

Burglary Larceny-Theft

VehicleTheft

Arson

6,267 90 318 2,917 2,942 17,325 4,961 7,720 4,644 163http://www.fbi.gOv/aboui-us/cjis/ucr/crinie-in-the-u.s/20iO/crime-in-the-u.s.-20lO/tablcs/IOtbl08.xls/view

We need more tools to stop the killings and violent crime taking place in our City.Therefore, we request that:

1. City Council amend the policy adopted on May 17, 2011, which pohcy precludesharther gang injunctions until the conclusion of a study of the effectiveness of theFruitvale and North Oakland gang injunctions &

2. The Council authorizes and directs the City Administrator and City Attorney toevaluate and bring back options to initiate Gang Injunction litigation in East andWest Oakland.

Item 15ORA/City CouncilOctober 4, 2011


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U' '.vt.' ' '' ' Approved as to Form and Legality

City Attorney20nSEP23 PMI2'I3 O A K L A N D C I T Y C O U N C I LRESOLUTION NO . C.M.S.

Introduced by Council President Pro Tem Ignacio De L a FuenteDRAFT

Resolution Amending The PolicyThe City Council Adopted On May 17, 2011, Which PolicyPrecludes Further Gang Injunctions Until The City Conducts A Study Of The Effectiveness OfThe Fruitvale An d North Oakland Gang Injunctions, To Authorize And Direct The City Attorney

An d The City Administrator To Evaluate An d Bring Back Options To The Council To InitiateGang Injunction Litigation In East An d WestOakland

W H E R E A S , The City of Oakland is exploring methods of addressing violent behavior in particulargeographic areas where violence occursfrequentlyand is often gang-related; andW H E R E A S , Oakland is experiencing an unprecedented number of homicides so far this year withan increase of at least 30% compared to this time last year, mostly in neighborhoods in East andWest Oakland; andW H E R E A S , The City Attorney has brought a civil action focused on two Oakland neighborhoodsin the name of the people of the State of California, pursuant to Section 731 of the California Codeof Civil Procedure, to abate a public nuisance as defined by section 3480 of the Civil Code, wherethe nuisance claimed is gang activity;andW H E R E A S , East Oakland homicides and violent crimes require immediate attention, particularly inBeat 30X located in East Oakland; andW H E R E A S , In the second quarter of 2011, Beat 30X had a 300% increase in homicides comparedto the first three months of the year and is the second highest police beat reporting violent crime inthe second quarter of the year; andW H E R E A S , Oakland's most recent second quarter violent crime report states that eight of the tenmost violent beats are located in East Oakland and Oakland's most violent crime reporting beat inEast Oakland reported more violent crime than the 8 Oakland Hills beats combined; andW H E R E A S , West Oakland has also seen an unprecedented number of gang related shootingscompared to other areas of Oakland, some West Oakland neighborhoods have seen a 100% increasein shootings; andW H E R E A S , East and West Oakland community leaders and residents are requesting the City ofOakland to provide additional resources and tools to reduce violent gang activity in theirneighborhoods; and


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W H E R E A S , The City Council hereby declares that the gang activity in East and West Oakland isunacceptable and requires immediate attention; now, therefore, be itR E S O L V E D , That the City Council hereby amends the policy adopted'on-May 1-7-, 2011',-which policyprecludes further gang injunctions until the conclusion of a study of the effectiveness of the Fruitvaleand North Oakland gang injunctions; and be it furtherR E S O L V E D : The Oakland City Council authorizes and directs the City Administrator and CityAttorney to evaluate and bring back options to initiate Gang Injunction litigation in East and WestOakland.

IN C O U N C I L , O A K L A N D , C A L I F O R N I A , ^2011PASSED B Y T H E F O L L O W I N G V O T E :A Y E S - B R O O K S , B R U N N E R , DE L A F U E N T E , K A P L A N , S C H A A F , K E R N I G H A N , N A D E Land P R E S I D E N T R E I DN O E S -A B S E N T -A B S T E N T I O N -

A T T E S T :L A T O N D A S I M M O N SCity Clerk and Clerk of the Councilof the City of Oakland, California

expanded oakland gang injunction resolution

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