Moorpark Kills Plan Calling for Regulation of Day-Care Homes : Council: The action is taken after providers complained that the proposal was a mark of ‘overzealous and unnecessary regulation.’

Reluctant to clutter the books with new laws, the Moorpark City Council has unanimously scrapped a proposal to regulate day-care homes in residential neighborhoods.

At a meeting Wednesday night, the council heard complaints from day-care providers who said the proposal was a mark of “overzealous and unnecessary regulation.”

The ordinance was not aimed at day-care centers, which operate much like small schools and typically are not on residential streets. Instead, the proposed new law would regulate home-based day-care services.

City planners argued that without a local ordinance they would have no power to respond to complaints of neighbors on noise or traffic.

But the home day-care providers argued that the law--which would have forced them to pay fees of more than $400 in some cases--would have made it difficult to stay in business. Residential day-care providers are already heavily regulated by the state, and additional fees and regulations would hurt providers whose services are in great demand in Moorpark, they said.

Of the 55 residential day-care homes in the city, 48 have fewer than six children and the rest have seven to 12.

Councilman Scott Montgomery estimated that the city has 10,000 children, but only about 370 spaces at residential care centers. He said the city should not make it more difficult for the day-care homes by adopting new regulations.

“Obviously the need is much more enormous than what’s provided,” he said. “We need more homes, not less.”

The city has not received any complaints about home day-care providers, said Jim Aguilera, director of the Community Development Department. But he said the city should have some way to regulate problems if they arise.

“Currently, there are no controls,” he said. “They are exempt from city regulations entirely. If we received a complaint we don’t have the power to respond.”

Representatives from a local association of home day-care providers disputed Aguilera’s comment, saying there are plenty of laws regulating their operations. They cited a long list of state regulations that include fingerprinting of providers, screening employees to weed out known child abusers, and inspections by fire and social services officials.

The U.S. Department of Agriculture also periodically inspects the homes to make sure they are meeting the nutritional needs of children.

Geri Fineroff, a former child-care provider who now works for the USDA nutrition program, said she saw no need for the ordinance “when, by their own admission, there have been no complaints.”

Gail Sharki, who operates a day-care home in Moorpark, said the homes enhance a neighborhood.

“People want to have affordable day care near their homes, especially infant care, which is best provided by homes like ours,” she said. “We’re part of the neighborhood. People like us here, and if there ever were a complaint I’m sure it could be worked out.”