Council Backs Off New Law on Registered Sex Offenders

• Taking Lead from Court Challenge

BY BILL KOENEKER

Malibu City Council members recently shied away from placing additional residential restrictions on registered sex offenders after they were told by City Attorney Christi Hogin that the state law allowing these restrictions is being challenged in the state Supreme Court.
Hogin said the high court case has been fully briefed and observers are waiting for arguments, which could be heard in the next several months.
“I don’t want to send something off to the staff and spend thousands of dollars,” said Councilmember Sharon Barovsky.
“I tend to agree with Sharon,” said Councilmember John Sibert. “It is important to consider this. I support this. I was not aware of the Supreme Court issues.”
Councilmember Pamela Conley Ulich, who wanted the council to consider the matter, said she was eager to expand protections for children contained in the ordinance. “It is important to public safety,” she said.
The council considered further about how to proceed and then Conley Ulich withdrew the proposal after the city attorney said she would monitor the Supreme Court’s decision on the matter and bring it back to the council when appropriate.
In addition to public and private schools and local parks, the proposed city law, based on the one adopted by Los Angeles County, includes other public places.
The county law, which applies to unincorporated Malibu, establishes what it calls a child safety zone which includes any area located within 300 feet from the nearest property line of a child care center, public or private school, park, public library, commercial establishment that provides a child’s playground either in or adjacent to the establishment, a location that holds classes or group activities for children and any school bus stop.
The proposed measure prohibits a registered sex offender from renting or occupying the same single-family dwelling or unit in a multi-family dwelling where another sex offender resides and is also prohibited from renting or otherwise occupying the same guest room in a hotel with another sex offender. Also a sex offender is prohibited from renting or occupying a guest room in a hotel as a permanent resident if there is another guest room in that hotel that is already rented by another sex offender as a permanent resident.
The ordinance does not include a single-family dwelling that is a residential facility such as a group home that serves six or fewer persons.
The county indicates there are about 1438 registered sex offenders in the unincorporated areas of the county and approximately 397 of those registered sex offenders are on parole.
Several Web sites report that the number of registered sex offenders in the 90265 zip code, which includes the unincorporated area of Malibu, is two.