In response to increasing regulations and corresponding program costs, after public hearings, the Encinitas City Council adopted in February 2004 a fixed $5.00 per month fee for all property owners in Encinitas. All other cities in the county now collect clean water fees, but Encinitas was the only city targeted by a lawsuit 15 months after adoption of the fee. To avoid wasting valuable resources on litigation, the city entered into a settlement agreement with the plaintiff to discontinue collecting the fee and submit the fee to a vote of affected property owners following the mandated California election schedule.

Clean water programs are mandated, but unfunded, by the federal government and the state. Encinitas was one of the first cities in the county to adopt a Clean Water Program in 1999, in response to a legally binding agreement with San Diego BayKeeper. In 2001, the state increased program requirements significantly, resulting in greater costs and improved water quality, with fines up to $10,000 per day per violation for noncompliance.

Many cities throughout the county have already received hefty fines for having poor water quality. This year, stricter regulations will be imposed on cities yet again, resulting in additional capital and operational costs with heavier fines for noncompliance to improve water quality.

Encinitas maintains an extensive storm-drain infrastructure, including hundreds of miles of drainage channels, storm drains and detention basins.

The program costs approximately $3.5 million annually: $1.3 million for operations and $2.2 million for capital projects. Encinitas land owners are being asked to approve a fixed $5 per month assessment for 10 years.

This will generate one-third, or $1.1 million annually, of the revenue needed to support the program. The remaining $2.4 million would continue to come from the city's general fund.

Encinitas enjoys an excellent quality of life and prides itself on well-maintained parks, roads, beaches, trails and natural open space. More than $50 million in revenue is pumped into our economy annually by beach visitors alone. I don't believe anyone wants to return to the days before the city's Clean Water Program was implemented -- when 100 or more days of closed beaches were the norm. As a result of past investments in our program, beach closures have been reduced to three days or less. We enjoy a much healthier environment that benefits our families, visitors and local businesses. However, increasing mandates require us to do more. Proposition C is being placed on the ballot to generate one-third of the costs of this program.

The city is committed to providing the type of environment and quality of life that Encinitans expect. Our Clean Water Program is a major part of the City's commitment to the community's priorities, but it is not a voluntary effort. I ask you to vote yes on Prop C to ensure the funds necessary to continue to provide the full range of services and amenities Encinitas expect and enjoy.

Maggie Houlihan is an Encinitas City Council member.