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HomeMy WebLinkAboutReso 2026-077RESOLUTION NO. 2026-077 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) OF THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND IMPROVEMENT AREA “C” THEREIN, AND TAKING OTHER ACTIONS RELATED THERETO (ANNEXATION NO. 14) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, (“City Council”), formed a Community Facilities District and designated certain improvement areas therein pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”), and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the “Ordinance”) (the Act and the Ordinance may be referred to collectively as the “Community Facilities District Law”). The Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) OF THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA (the “District”) and the Improvement Areas were designated as IMPROVEMENT AREA “A,” IMPROVEMENT AREA “B” and IMPROVEMENT AREA “C” of such District; and WHEREAS, the District was formed for the purpose of financing the monitoring, maintenance, operation, and management of public property required to be maintained as open space or habitat preservation or both; and WHEREAS, Improvement Area “C” was established to finance Preserve Operations and Maintenance and Resource Monitoring, plus a pro-rata share of Administrative Expenses of the District as such terms are defined in the rate and method of apportionment of special taxes (the “Improvement Area “C” Rate and Method”) attached as Exhibit “A” hereto and incorporated herein by this reference; and WHEREAS, certain territory identified San Diego County Assessor’s Parcel No. 595-070- 82-00 which is proposed to be annexed to the District and Improvement Area “C” thereto and such territory shall be known and designated as COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) OF THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, IMPROVEMENT AREA “C,” ANNEXATION NO. 14 (the “Territory”); and WHEREAS, the City Council has received a written petition from the owner of the Territory (the “Owner”) requesting that the City Council initiate proceedings to annex and to include such Territory within the boundary of Improvement Area “C” of the District; and Docusign Envelope ID: AB609931-AA15-86F1-80C6-54650E8DDC0F Resolution No. 2026-077 Page No. 2 WHEREAS, this legislative body now desires to proceed to adopt this Resolution of Intention to annex the Territory to Improvement Area “C,” to describe the territory included within Improvement Area “C” and the Territory proposed to be annexed thereto, to specify the services to be financed from the proceeds of the levy of special taxes within the Territory, to set and specify the special taxes that would be levied within the Territory to finance such services, and to set a time and place for a public hearing relating to the annexation of the Territory to Improvement Area “C;” and WHEREAS, a map showing the Territory proposed to be annexed to Improvement Area “C” has been submitted, which map has been previously approved, and a copy of the map shall be kept on file with the transcript of these proceedings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it declares its intention to authorize the annexation of the Territory to the District and Improvement Area “C” thereto. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the above recitals are all true and correct and are incorporated herein by this reference. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that these proceedings for annexation are initiated by this City Council pursuant to the authorization of the Community Facilities District Law. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it hereby determines that the public convenience and necessity requires that the Territory be added to the District and Improvement Area “C” thereto and this City Council declares its intention to annex the Territory to the District and Improvement Area “C” thereto. A description of the boundaries and Territory proposed to be annexed is as follows: All that Territory proposed to be annexed to the District and Improvement Area “C” thereto, as such property is shown on a map as previously approved by this legislative body, such map entitled “Annexation Map No. 14 to Community Facilities District No. 97- 2 Improvement Area C (Preserve Maintenance District), City of Chula Vista, County of San Diego, State of California” (the “Annexation Map”), a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. A general description of the territory included in the District is hereinafter described as follows: All that property and territory as originally included within and previously annexed to the District and Improvement Area “C” thereto, as such property is shown on maps of the original District and territory previously annexed as approved by this City Council Docusign Envelope ID: AB609931-AA15-86F1-80C6-54650E8DDC0F Resolution No. 2026-077 Page No. 3 and designated by the name of the original District and Annexation Nos. 1 through 13. A copy of such maps are on file in the Office of the City Clerk and have also been filed in the Office of the County Recorder. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the proposed annexation shall be known and designated as COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) OF THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, IMPROVEMENT AREA “C,” ANNEXATION NO. 14. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the services that are authorized to be financed by the District from the proceeds of special taxes levied within Improvement Area “C” are certain services which are in addition to those provided in or required for the territory within Improvement Area “C” and will not be replacing services already available. A general description of such services to be financed by the District is as follows: The monitoring, maintenance, operation, and management of the public property within boundaries of the Otay Ranch Preserve, as such boundaries may be modified from time to time, required by the Resource Management Plan to be maintained as open space or habitat preservation land or both. Such property may be located outside the boundaries of the District and outside the jurisdictional boundaries of the City of Chula Vista. Such services shall not include the maintenance, operation and/or management of any property owned, maintained, operated and/or managed by the federal and/or state government as open space, habitat maintenance and/or for any other purpose. A more complete description of such services may be found in Attachments A and B to the Improvement Area “C” Rate and Method (defined below). BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the District shall finance all direct, administrative, and incidental annual costs and expenses necessary to provide such monitoring, maintenance, operation, and management of such public property. The same types of services which are authorized to be financed by the District from the proceeds of special taxes levied within Improvement Area “C” are the types of services to be provided in the Territory. If and to the extent possible, such services shall be provided in common within the District and the Territory. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it is the further intention of this City Council that, except where funds are otherwise available, a special tax sufficient to pay for such services and related incidental expenses authorized by the Community Facilities District Law, secured by recordation of a continuing lien against all non-exempt real property in the Territory, will be levied annually within the boundaries of such Territory. For further Docusign Envelope ID: AB609931-AA15-86F1-80C6-54650E8DDC0F Resolution No. 2026-077 Page No. 4 particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit “A” (the “Improvement Area ‘C’ Rate and Method”), which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the proposed Territory to clearly estimate the maximum amount that such person will have to pay. The special tax proposed to be levied within the Territory shall be equal to the special tax levied to pay for the same services in Improvement Area “C,” except that a higher or lower special tax may be levied within the Territory to the extent that the actual cost of providing the services in the Territory is higher or lower than the cost of providing those services in Improvement Area “C.” Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher than the maximum special tax authorized to be levied pursuant to the Improvement Area “C” Rate and Method. This section shall not be construed to limit the levy of a special tax within the Territory to be annexed or territory to be annexed in the future to provide new or additional services beyond those supplied within the existing territory of the District. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the special taxes herein authorized, to the extent possible or unless otherwise determined by the CFD Administrator, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that may not be collected on the County property tax roll shall be collected through a direct billing procedure by the CFD Administrator. The maximum special tax rate in Improvement Area “C” and the District shall not be increased as a result of the annexation of the Territory to Improvement Area “C.” BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it will hold a Public Hearing and give notice as follows: PUBLIC HEARING. NOTICE IS GIVEN THAT ON TUESDAY, JULY 14, 2026 AT THE HOUR OF 5:00 P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, 276 FOURTH AVENUE, CHULA VISTA, CALIFORNIA, A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE AUTHORIZATION FOR THE ANNEXATION OF THE TERRITORY TO THE DISTRICT AND IMPROVEMENT AREA “C” THERETO, THE PROPOSED RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN THE TERRITORY AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. AT SUCH PUBLIC HEARING, THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ANNEXATION OF THE TERRITORY OR THE LEVYING OF SPECIAL TAXES WITHIN THE TERRITORY WILL BE HEARD. AT SUCH PUBLIC HEARING, PROTESTS AGAINST THE PROPOSED ANNEXATION OF THE TERRITORY, THE LEVY OF SPECIAL TAXES WITHIN THE TERRITORY, OR ANY OTHER PROPOSALS CONTAINED IN Docusign Envelope ID: AB609931-AA15-86F1-80C6-54650E8DDC0F Resolution No. 2026-077 Page No. 5 THIS RESOLUTION MAY BE MADE ORALLY BY ANY INTERESTED PERSON. ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND SHALL CLEARLY SET FORTH THE IRREGULARITIES OR DEFECTS TO WHICH OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY CLERK PRIOR TO THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN IN WRITING AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it will provide notice of the time and place of the public hearing which shall be given by the City Clerk by publication in the legally designated newspaper of general circulation, said publication pursuant to Section 6061 of the Government Code, with said publication to be completed at least seven (7) days prior to the date set for the public hearing. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that if (a) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within Improvement Area “C” of the District, (b) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the Territory, (c) owners of one-half or more of the area of land in the territory included in Improvement Area “C” of the District, or (d) owners of one-half or more of the area of land included in the Territory, file written protests against the proposed annexation of the Territory to Improvement Area “C” of the District in the future and such protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be undertaken for a period of one year from the date of the decision by the City Council on the issue discussed at the public hearing. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it will conduct an election if upon the conclusion of the public hearing, if the legislative body determines to proceed with the annexation of the Territory, a proposition shall be submitted to the qualified electors of the Territory. The vote shall be by registered voters within the Territory; provided, however, if there are less than 12 registered voters, the vote shall be by landowners, with each landowner having one vote per acre or portion thereof within the Territory. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that this Resolution shall become effective immediately upon its adoption. [SIGNATURES ON THE FOLLOWING PAGE] Docusign Envelope ID: AB609931-AA15-86F1-80C6-54650E8DDC0F Resolution No. 2026-077 Page No. 6 Presented by Approved as to form by Roy Sapa’u Marco A. Verdugo Deputy City Manager/ City Attorney Development Services Director PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 19th day of May 2026, by the following vote: AYES: Councilmembers: Chavez, Fernandez, Inzunza, Preciado, and McCann NAYS: Councilmembers: None ABSENT: Councilmembers: None John McCann, Mayor ATTEST: Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2026-077 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 19th day of May 2026. Executed this 19th day of May 2026. Kerry K. Bigelow, MMC, City Clerk Docusign Envelope ID: AB609931-AA15-86F1-80C6-54650E8DDC0F Resolution No. 2026-077 Page No. 7 “EXHIBIT A” Rate and Method of Apportionment of Special Tax CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) Improvement Area C Annexation No. 14 Docusign Envelope ID: AB609931-AA15-86F1-80C6-54650E8DDC0F Resolution No. 2026-077 Page No. 8 Rate and Method of Apportionment of Special Tax City of Chula Vista Community Facilities District No. 97-2 (PRESERVE MAINTENANCE DISTRICT) Improvement Area C Annexation No. 14 A Special Tax of Community Facilities District No. 97-2 (Preserve Maintenance District) of the City of Chula Vista ("CFD") shall be levied on all Assessor's Parcels in Annexation No. 14 of Improvement Area C of the CFD and collected each Fiscal Year commencing with Fiscal Year 2025- 2026 in an amount determined through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property within Annexation No. 14 of Improvement Area C of the CFD, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. Definitions The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor’s Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Subdivision Map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. The Acreage of a Parcel shall be calculated to the nearest one-hundredth (1/100) of an acre. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or estimated costs incurred by the City, acting for and on behalf of the CFD as the administrator thereof, to determine, levy and collect the Special Taxes, including salaries of City employees and a proportionate amount of the City’s general administrative overhead related thereto, and the fees of consultants and legal counsel providing services related to the administration of the CFD; the costs of collecting installments of the Special Taxes; and any other costs required to administer Area C of the CFD as determined by the City. "Assessor's Parcel" or “Parcel” means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by assessor's parcel number. "Building Square Foot or Square Footage" means the square footage as shown on an Assessor’s Parcel’s building permit of Residential Property excluding garages or other structures not used as living space. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD" means Community Facilities District No. 97-2 (Preserve Maintenance District) of the City of Chula Vista. "City" means the City of Chula Vista. "City Clerk" means the City Clerk for the City of Chula Vista or his or her designee. Docusign Envelope ID: AB609931-AA15-86F1-80C6-54650E8DDC0F Resolution No. 2026-077 Page No. 9 "City Manager" means the City Manager for the City of Chula Vista or his or her designee. "Community Purpose Facility Property" or "CPF Property" means all Assessor’s Parcels which are classified as community purpose facilities and meet the requirements of City of Chula Vista Ordinance No. 2883. In the event that Chula Vista Ordinance No. 2883 is repealed, CPF Property means all Assessor’s Parcels which are classified as community purpose facilities as defined in the Chula Vista Municipal Code Section 19.48.025.C (as amended from time to time). "Council" means the City Council of the City of Chula Vista, acting as the legislative body of the CFD. "County" means the County of San Diego, California. "Developed Property" means all Taxable Property for which a building permit was issued prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied. "Final Map Property" means any residential lot or non-residential lot created by a Final Subdivision Map, but which is not classified as Developed Property. "Final Subdivision Map" means a subdivision of property creating residential or non-residential buildable lots by recordation of a final subdivision map or parcel map pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.), or recordation of a condominium plan pursuant to California Civil Code 1352, that creates individual lots for which building permits may be issued without further subdivision and is recorded prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Improvement Area C" or "Area C" means Improvement Area C of the CFD, as identified on the boundary map for the CFD as amended from time to time. "Land Use Class" means any of the classes listed in Table 1, Table 2, or Table 3. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below that may be levied in any Fiscal Year on any Assessor’s Parcel of Taxable Property. "Non-Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit(s) has been issued for a structure or structures for non-residential use. "Operating Fund" means a fund that shall be maintained within the CFD for each Fiscal Year to pay for Resource Monitoring and/or Preserve Operations and Maintenance activities and Administrative Expenses. "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. "Operating Fund Requirement" means for any Fiscal Year an amount equal to the Resource Monitoring Fund Requirement and the Preserve Operations and Maintenance Fund Requirement for the current Fiscal Year in which Special Taxes are levied. "Preserve Operations and Maintenance" means those activities described in Attachment A hereto which is incorporated herein by this reference. "Preserve Operations and Maintenance Fund Requirement" means for any Fiscal Year an amount equal to the budgeted costs for Preserve Operations and Maintenance plus a pro-rata share of the budgeted Administrative Expenses of the District for the current Fiscal Year in which Special Taxes are levied. Docusign Envelope ID: AB609931-AA15-86F1-80C6-54650E8DDC0F Resolution No. 2026-077 Page No. 10 "Reserve Fund" means a fund that shall be maintained for the CFD each Fiscal Year to provide necessary cash flow for the first six months of each Fiscal Year, working capital to cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of Special Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies. "Reserve Fund Requirement" means an amount equal to up to 100% of the Operating Fund Requirement for any Fiscal Year. "Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one or more residential dwelling unit. "Resource Management Plan" means the Otay Ranch Phase 1 Resource Management Plan also referred to as “The Otay Ranch Resource Management Plan” dated October 28, 1993, and the Otay Ranch Phase 2, Resource Management Plan dated June 4, 1996, as both such plans may be amended from time to time. "Resource Monitoring Program" means those described in Attachment B hereto which is incorporated herein by this reference. "Resource Monitoring Fund Requirement" means for any Fiscal Year an amount for each Improvement Area equal to the Improvement Area’s fair share of the budgeted costs of the Resource Monitoring Program plus a pro rata share of the budgeted Administrative Expenses of the CFD for the current Fiscal Year in which Special Taxes are levied. Improvement Area C’s “fair share” shall be based on Improvement Area C’s percentage of the total acreage within the Otay Ranch General Development Plan Planning Area for which a Resource Monitoring Program funding mechanism has been established. "Special Tax" means the Special Tax levied pursuant to the provisions of sections C and D below in each Fiscal Year on each Assessor's Parcel of Developed Property and Undeveloped Property in Area C to fund the Special Tax Requirement. "Special Tax Requirement" means that amount required in any Fiscal Year for Area C to: (i) pay the Resource Monitoring Fund Requirement, and Preserve Operations and Maintenance Fund Requirement, less the Operating Fund Balance, and (ii) pay any amounts required to establish or replenish the Reserve Fund to the Reserve Fund Requirement; (iii) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of Area C of the CFD that are not exempt from the Special Tax pursuant to law or as defined below. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property. B. Assignment to Categories of Special Tax Each Fiscal Year using the definitions above, all Taxable Property within Annexation No. 14 of Improvement Area C of the CFD shall be classified as Category I, Category II, Category III or Exempt as defined in Section C. The Taxable Property shall further be classified as Developed Property, Final Map Property or Undeveloped Property and shall be subject to Special Taxes pursuant to Sections C and D below. Developed Property shall be further assigned to a Land Use Class as specified in Table Docusign Envelope ID: AB609931-AA15-86F1-80C6-54650E8DDC0F Resolution No. 2026-077 Page No. 11 1. C. Maximum Special Tax Rate Category I Category I includes Developed Property within the District (“Category I”). The Maximum Special Tax for the Resource Monitoring Program and Preserve Operations and Maintenance for Fiscal Year 2025-2026 on Developed Property are the rates set forth in Table 1 below. For Residential Property, the Special Tax shall be levied based upon Building Square Footage and for Non-Residential Property shall be levied based on Acreage. TABLE 1 Maximum Special Tax for Category I Community Facilities District No. 97-2 Improvement Area C (Fiscal Year 2025-2026) Description Resource Monitoring Operation & Maintenance Total Residential $0.0096 / square foot $0.0153 / square foot $0.0249 / square foot Non- Residential $157.06 / acre $249.34 / acre $406.40 / acre Category II Category II includes each Assessor’s Parcel of Taxable Property within the District for which a Final Map has been recorded, but which is not classified as a Developed Parcel (“Category II”). The Maximum Special Tax for the Resource Monitoring Program and Preserve Operations and Maintenance approved for Fiscal Year 2025-2026 on each Assessor’s Parcel in Category II is the rate set forth in Table 2 below (said amount to be levied pro rata for any portion of an Acre). TABLE 2 Maximum Special Tax for Category II Community Facilities District No. 97-2 Improvement Area C (Fiscal Year 2025-2026) Resource Monitoring Operation & Maintenance Total $157.06 / acre $249.34 / acre $406.40 / acre Category III Category III includes each Assessor’s Parcel of Taxable Property within the District not subject to Special Tax under any other category (“Category III”). Docusign Envelope ID: AB609931-AA15-86F1-80C6-54650E8DDC0F Resolution No. 2026-077 Page No. 12 The Maximum Special Tax approved for Fiscal Year 2025-2026 on Taxable Property within Category III is the rate set forth in Table 3 below (said amount to be levied pro rata for any portion of an Acre). TABLE 3 Maximum Special Tax for Category III Community Facilities District No. 97-2 Improvement Area C (Fiscal Year 2025-2026) Resource Monitoring Operation & Maintenance Total $101.37 / acre $160.94 / acre $262.31 / acre Exempt Category The Exempt Category includes each property owned, conveyed or irrevocably offered for dedication to a public agency, or land which is in the public right-of-way, unmanned utility easements which make utilization for other than the purpose set forth in the easement impractical, common areas, private streets and parks, and open space lots, and any property that is otherwise exempt from the levy of special taxes pursuant to Government Code Section 53340(c) (“Exempt Category”). Special Cases In some instances, an Assessor’s Parcel of Developed Property may contain more than one Land Use Class and be considered “Special Case”. The Maximum Special Tax that may be levied on an Assessor’s Parcel identified as Special Case shall be the sum of the Maximum Special Tax levies that may be levied on all Land Use Classes located on that Assessor’s Parcel. The CFD Administrator shall determine the allocation to each Land Use Class. Annual Escalation of Maximum Special Tax The Maximum Special Tax as shown in the tables above that may be levied on each Assessor’s Parcel in Improvement Area C, Annexation No. 14, shall be increased each Fiscal Year beginning in Fiscal Year 2026-2027 and thereafter by a factor equal to the annual percentage change in the San Diego Metropolitan Area Consumer Price Index for All Urban Consumers (CPI -U, All Items) or zero percent (0%), whichever is greater. D. Method of Apportionment of the Special Tax Commencing with Fiscal Year 2026-2027, and for each following Fiscal Year, the Council shall levy the Improvement Area C, Annexation No. 14, Special Tax at the rates established pursuant to steps 1 through 4 below so that the amount of the Special Tax levied equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: Step 1: Determine the revenue which could be generated by Parcels assigned to Category I by multiplying the Building Square Footage for Parcels classified as Residential Parcels by the Maximum Special Tax per Building Square Foot for the Resource Monitoring Program, and Preserve Operations and Maintenance for Parcels and adding to that the maximum revenue which could be generated by multiplying the total acres for Parcels classified as Non-Residential Parcels by the Maximum Special Tax per Acre for the Resource Monitoring Program and Preserve Operations and Maintenance. Docusign Envelope ID: AB609931-AA15-86F1-80C6-54650E8DDC0F Resolution No. 2026-077 Page No. 13 Step 2: If the total revenue as calculated in Step 1 is greater than the estimated Special Tax Liability for Improvement Area C, reduce the Special Tax for each Parcel proportionately so that the Special Tax levy for the Fiscal Year is equal to the Special Tax Liability for the Fiscal Year. Step 3: If the total revenue as calculated in Step 1 is less than the Special Tax Liability for Improvement Area C, a Special Tax shall be levied upon each Parcel within Improvement Area C, classified as Category II. The Special Tax for Parcels assigned to Category II shall be calculated as the lesser of: The Special Tax Liability for Improvement Area C as determined by the City, less the total revenue generated for all Parcels under Step 1 above, divided by the total Acres for all Parcels within Improvement Area C assigned to Category II, OR The Maximum Special Tax rate for Parcels assigned to Category II. Step 4: If the total revenue as calculated in Step 1 and 3 is less than the Special Tax Liability, for Improvement Area C, a Special Tax shall be levied upon each Parcel within Improvement Area C classified as Category III. The Special Tax for Parcels assigned the Category III shall be calculated as the lesser of: The Special Tax Liability for Improvement Area C as determined by the City, less the total revenue generated for all Parcels under Step 1 and 3 above, divided by the total Acres for all Parcels within Improvement Area C assigned to Category III, OR The Maximum Special Tax rate for Parcels assigned to Category III and within Improvement Area C. However, in the event it is determined that the Special Tax Liability for Improvement Area C includes delinquent Special Taxes from Parcel in Category III from the prior Fiscal Year, the City shall determine the amount of delinquent taxes that arose from such Parcels and identify the owner(s). The amount of delinquent Special Taxes, if any, that arose from the applicable owner(s) shall first be divided by the total Category III Acres owned by such owner(s) and collected from the applicable owner(s) with the remaining portion of the Special Tax Liability not related to delinquent Special Taxes to be collected from all Parcels in Category III according to the procedure set forth in the preceding paragraph. Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor’s Parcel of Residential Property or Multi-Family Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent (10%) annually up to the Maximum Special Tax as a consequence of delinquency or default by the owner of any other Assessor's Parcel within Area C of the CFD. E. Appeals Any landowner or resident who pays the Special Tax and believes that the amount of the Special Tax levied on their Assessor’s Parcel is in error shall first consult with the CFD Administrator regarding such error. If following such consultation, the CFD Administrator determines that an error has occurred; the CFD Administrator may amend the amount of the Special Tax levied on such Assessor’s Parcel. If following such consultation and action, if any, by the CFD Administrator, the landowner or resident believes such error still exists; such person may file a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor’s Parcel. Upon the receipt Docusign Envelope ID: AB609931-AA15-86F1-80C6-54650E8DDC0F Resolution No. 2026-077 Page No. 14 of any such notice, the City Clerk shall forward a copy of such notice to the City Manager who shall establish as part of the proceedings and administration of the CFD, a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the Review/Appeal Committee shall be final and binding as to all persons. F. Manner of Collection Special Taxes levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the CFD Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of Area C of the CFD or as otherwise determined appropriate by the CFD Administrator. G. Term of Special Tax Taxable Property in Improvement Area C of the CFD shall remain subject to the Special Tax in perpetuity. Attachment A Description of Preserve Operations and Maintenance Preserve Operations and Maintenance includes the maintenance, operation, and management of the public or private property within boundaries of the Otay Ranch Preserve, as such boundaries may be modified from time to time, required by the Resource Management Plan to be maintained as open space or habitat preservation land or both. Such maintenance, operations and management shall include, but not be limited to, the following: (i) Preserve Maintenance. Development, implementation and ongoing provision of programs to maintain, operate and manage preserve habitat values through: cultivation, irrigation, trimming, spraying, fertilizing, and/or treatment of disease or injury; removal of trimmings, rubbish, debris and other solid waste; maintenance of trails; removal and control of exotic plant species (weeds); and control of cowbirds through trapping. (ii) Security, Development, implementation and ongoing provision of security programs to: enforce "no trespassing" rules; curtail activities that degrade resources, such as grazing, shooting, and illegal dumping; remove trash, litter, and other debris; control access; prohibit off -road traffic; and maintain fences and trails. (iii) Preserve improvements: Acquire equipment and/or install improvements necessary to maintain, operate and manage the open space and habitat preservation land described above. Docusign Envelope ID: AB609931-AA15-86F1-80C6-54650E8DDC0F Resolution No. 2026-077 Page No. 15 The above description of the Preserve Operations and Maintenance is general in nature. The actual maintenance, operations and management of the open space and habitat preservation land within the Otay Ranch Preserve may be modified from time to time as necessary in order to effectively provide such services in compliance with the requirements of the Resource Management Plan. Attachment B Description of Resource Monitoring Implement the annual biota monitoring and reporting program consistent with the Resource Management Plan to identify changes in the quality and quantity of preserve resources including wildlife species, sensitive plants and sensitive habitat types. The above description of the Resource Monitoring is general in nature. The actual monitoring and reporting program may be modified from time to time as necessary in order to effectively provide such services consistent with the requirements of the Resource Management Plan. Docusign Envelope ID: AB609931-AA15-86F1-80C6-54650E8DDC0F