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DISCUSSION
City of San Bernardino
Request for Council Action
Date: April 1, 2026
To: Honorable Mayor and City Council Members
From: Gabriel Elliott, Director of Community Development & Housing Department: Community Development & Housing
Subject: Consideration of Joint Powers Agreement (JPA)
Participation in the San Bernardino Regional Housing
Trust (SBRHT) (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Authorize the City to join the San Bernardino Regional Housing Trust; and
2. Adopt Resolution No. 2026-021 approving participation in the Joint Powers Authority (JPA) for the establishment of the San Bernardino Regional Housing Trust and authorizing the City Manager, or designee, to execute the Joint Exercise of Powers Agreement and any related documents necessary to effectuate the City’s participation; and
3. Appoint a representative to serve as the City’s Director on the San Bernardino Regional Housing Trust Board of Directors and designate an Alternate representative to serve in the Director’s absence. The City may appoint the Mayor or a member of the City Council; and
4. Authorize the City Manager, subject to review by the City Attorney, to make or agree to any modifications to the Joint Powers Agreement that are in furtherance of the overall goal of resolution approved herein and the intent of the agreement without creating any additional financial obligations or liability for the City.
City Manager's Comments
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If the City Council continues to move forward in participating in the JPA, the City Council needs to appoint a Board member and alternate. Also, a representative from SBCOG will be at the meeting to follow-up on any questions from the City Council.
Executive Summary
The proposed San Bernardino Regional Housing Trust (SBRHT) would establish a Joint Powers Authority (JPA) among participating jurisdictions to create a coordinated, regional approach to funding affordable housing production, preservation, and rehabilitation. Developed following the 2022 Regional Housing Trust White Paper and subsequent Strategic Plan prepared by SBCOG, the SBRHT is intended to leverage local, state, federal, and private funding sources, improve administrative efficiency, and strengthen the region’s competitiveness for housing resources. The Trust would operate as a separate public entity governed by an appointed Board, which is made up of locally elected officials and housing policy experts, while preserving each member agency’s full land use authority. Staff is seeking the Mayor and City Council’s authorization for the City to join the SBRHT JPA to participate in regional housing funding efforts and help shape program policies and priorities.
Background
In response to increasing concern regarding housing challenges in the region, the City/County Managers Technical Advisory Committee (CCMTAC) of the San Bernardino Council of Governments (SBCOG) formed an ad hoc subcommittee in 2021 to evaluate the feasibility of establishing a regional housing trust fund. At the direction of the subcommittee, SBCOG released the San Bernardino Regional Housing Trust White Paper in January 2022, outlining potential benefits, governance structures, and relevant case studies. The White Paper concluded that a regionally structured housing trust fund could benefit the region through shared governance, administrative efficiency, enhanced visibility to investors and the State, and economies of scale not achievable through localized efforts alone.
Following the release of the White Paper, SBCOG developed the SBRHT Strategic Plan, which assesses regional housing needs and identifies potential funding sources, financing mechanisms, and programmatic activities that could be supported by the Trust. Throughout 2022 and 2023, SBCOG conducted extensive outreach with local decision-making bodies, city and county managers, planning staff, elected officials, developers, and housing administrators. Based on this research and stakeholder engagement, it was recommended that the housing trust fund be structured as a Joint Powers Authority (JPA) comprised of participating local jurisdictions. On April 5, 2023, the SBCOG Board of Directors authorized staff to initiate the process of establishing the SBRHT, including preparation of a Joint Exercise of Powers Agreement.
On January 17, 2023, the Mayor and City Council authorized the City to submit a Letter of Intent (LOI) to SBCOG indicating its intent to join the SBRHT. The LOI represented an initial step in the membership process and did not financially obligate or otherwise commit the City to participation. The LOI was not executed at that time and was subsequently executed by Acting City Manager Rochelle Clayton on June 17, 2024. 3 2
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Discussion
As SBCOG advances the establishment of the SBRHT through the proposed Joint Exercise of Powers Agreement, participating jurisdictions are now being asked to formally consider membership. The following discussion outlines the purpose of the SBRHT, its governance structure, and the anticipated benefits of participation for the City.
SBRHT Benefits
The SBRHT aims to provide a coordinated, regional approach to addressing housing needs throughout the San Bernardino region by raising and leveraging funds to support housing development, with a particular focus on affordable housing. Participation in the JPA would:
Expand funding opportunities by leveraging state, federal, and private resources;
Support affordable housing projects within the City and throughout the region; Provide regional coordination and administration to address housing needs comprehensively;
Increase development interest and investment in the region; and Ensure local representation in decision-making through the JPA governance structure.
The Housing Trust Ad Hoc Committee is currently developing recommendations regarding policies and priorities. By joining the JPA, the City would have a direct role in shaping these policies and priorities.
JPA Development
A draft Joint Powers Authority (JPA) Agreement was circulated to all SBCOG member agencies on December 15, 2025 for review and comment. SBCOG received feedback several jurisdictions and subsequently met with the CCMTAC Housing Trust Ad Hoc Committee on February 5, 2026 and February 23, 2026, to discuss proposed . The attached JPA Agreement reflects revisions based on comments received and discussions held.
The SBRHT Joint Exercise of Powers Agreement incorporates the provisions of SB 20 (2023), as well as the broader Joint Exercise of Powers Act. Utilizing the provisions of SB 20 allows the SBRHT to be an early adopter of this legislation, which may increase visibility and interest from the State Legislature and enhance opportunities for state funding. Incorporation of the broader Joint Exercise of Powers Act provides flexibility for the SBRHT to exercise powers that are common to its member agencies.
The governing structure of the SBRHT is centered on a Board of Directors, which exercises all powers and authority on behalf of the organization. The Board of Directors will consist of one locally elected representative from each participating member agency, as well as at least two housing policy experts. Housing policy experts will be selected by a vote of the elected members of the Board. The Board will also elect 3 2
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officers, including a Chair and Vice Chair, and may establish advisory committees as needed.
The SBRHT may contract for administrative staff or services as necessary. The Board is responsible for adopting bylaws, overseeing budgets, and ensuring compliance with California’s Joint Exercise of Powers Act and other applicable state laws. All meetings will be conducted in accordance with the Brown Act, ensuring transparency and public accountability. Overall, the governance model balances local representation with subject-matter expertise while maintaining operational independence from its Member Agencies.
The anticipated cost for the City to participate as a member agency will depend on the size of the participating jurisdiction under the proposed cost allocation structure. The total administrative cost to operate the San Bernardino Regional Housing Trust (SBRHT) is estimated at approximately $475,000 annually beginning in Year 3 and thereafter. Based on the current projections, annual contributions for participating jurisdictions are expected to range from approximately $31,000 to $55,000, depending on jurisdiction size.
It is important to note that 19 jurisdictions initially submitted Letters of Intent expressing interest in joining the SBRHT. To date, nine jurisdictions, including the County of San Bernardino, have confirmed their intent to bring the item before their respective councils or governing boards for approval. Should additional jurisdictions ultimately confirm their membership, the total administrative costs would be distributed among a larger number of members, which could reduce the annual contribution required from each participating jurisdiction.
Governance
The San Bernardino Regional Housing Trust (SBRHT) will be governed by a Board of Directors responsible for exercising all powers and authority on behalf of the organization. In accordance with the draft Joint Exercise of Powers Agreement and California Government Code Section 6539.1, the Board will consist primarily of locally elected officials representing participating member agencies, along with at least two housing or homelessness policy experts who are not elected officials. Each Member Agency may appoint one Director to serve on the Board, and the Director must be a locally elected official from that jurisdiction.
Directors serve two-year terms and may be reappointed for successive terms without limitation. The Board may also establish alternate representatives who may participate and act in the absence of the appointed Director, provided the alternate meets the eligibility requirements established in the Agreement and SBRHT bylaws. Directors serve without compensation, although reimbursement for approved expenses may be permitted in accordance with adopted policies.
If the City joins the SBRHT, the Mayor and City Council will be required to appoint one elected official to serve as the City’s Director and designate an Alternate representative 3 2
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to serve in the Director’s absence. This appointment ensures that the City is represented in decisions related to regional housing funding programs, policies, and administrative oversight of the Trust.
The Director must be appointed no later than the effective date of the City’s membership in the SBRHT, or shortly thereafter to ensure the City is represented on the Board.
Strategic Targets and Goals
Joining a Regional Housing Trust aligns with Strategic Target No. 2: Focused, Aligned Leadership and Unified Community as a Regional Housing Trust would allow the City to expand its funding pool and the resources necessary to increase affordable housing.
Both also align with Strategic Target No. 3: Improved Quality of Life.
Fiscal Impact
There is no fiscal impact to the General Fund with this action Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Authorize the City to join the San Bernardino Regional Housing Trust; and
2. Adopt Resolution No. 2026-021 approving participation in the Joint Powers Authority (JPA) for the establishment of the San Bernardino Regional Housing Trust and authorizing the City Manager, or designee, to execute the Joint Exercise of Powers Agreement and any related documents necessary to effectuate the City’s participation; and
3. Appoint a representative to serve as the City’s Director on the San Bernardino Regional Housing Trust Board of Directors and designate an Alternate representative to serve in the Director’s absence. The appointee may be the Mayor or a member of the City Council; and
4. Authorize the City Manager, subject to review by the City Attorney, to make or agree to any modifications to the Joint Powers Agreement that are in furtherance of the overall goal of resolution approved herein and the intent of the agreement without creating any additional financial obligations or liability for the City.
Attachments
Attachment 1 Letter of Intent-Executed
Attachment 2 Draft JPA Agreement
Attachment 3 Resolution No. 2026-021
Ward:
All Wards
Synopsis of Previous Council Actions:
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On January 17, 2023 The Mayor and City Council authorized the City to submit a Letter of Intent (LOI) to SBCOG indicating its intent to join the SBRHT.
On March 18, 2023 The Mayor and City Council voted to continue the SBRHT item to April 1, 2026 and requested the presence of a SBCOG representative to address Council questions.
CC: Eric Levitt, City Manager