Agenda packet — Yucca Valley City Council, March 17, 2026 (part 2 of 3)

RECORDS RETENTION SCHEDULE: FINANCE
(Payroll, Purchasing)
Ver. 17.0 Page FIN-3
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for Town-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

Manag.

Services /
Finance
FIN-017 Annual Consolidated Financial Report (ACFR)
/ related Audit Opinions P
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference; Meets auditing
standards; GC §34090
Manag.

Services /
Finance
FIN-018 Chart of Accounts / Organization Structure
When No
Longer
Required
Yes Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Part of Financial Services Database; GC
§34090
Manag.

Services /
Finance
FIN-019 Checks / Warrants - Canceled (Cashed) /
Voided 5 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD Department Preference; Statute of
Limitations is 4 years; GC §34090, CCP
§ 337
Manag.

Services /
Finance
FIN-020 Collection Agency (e.g., returned checks
assigned to collection)
Assignment
+ 7 years Yes Mag, Mfr, OD, Ppr S / I Yes: After QC & OD Department preference to match the
length of time negative credit
information remains on a consumer's
credit report; GC §34090
Manag.

Services /
Finance
FIN-021 Deposit Accounts (Building Permit Deposits /
Trust Accounts)
Close + 5
years
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD Meets auditing standards; GC §34090 Manag.

Services /
Finance
FIN-022 Developer Trust Accounts Close + 5
years
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference (meets
municipal government auditing
standards); GC §34090
Manag.

Services /
Finance
FIN-023 Escheat (Unclaimed money / uncashed checks) 5 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD
All tangible property held by government
agencies escheats after 3 years; Statute
of Limitations is 1 year for seized
property; Meets auditing requirements;
CCP §§340(d4), 1519; GC §34090
Manag.

Services /
Finance
FIN-024 Financial Services Database
Indefinite -
Minimum 5
years
Yes Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Data Fields / Records are interrelated;
GC §34090
Manag.

Services /
Finance
FIN-025 Fixed Assets - Annual Listing (Source
Documents) for Land / Structures P
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD Includes permanent assets; GC §34090 TOWN OF YUCCA VALLEY, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Approved: 6/4/2024 DRAFT

Page 253 of 387 ends

RECORDS RETENTION SCHEDULE: FINANCE
(Payroll, Purchasing)
Ver. 17.0 Page FIN-4
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

Manag.

Services /
Finance
FIN-026 General Ledger: Final year-end P
Mag, Mfr,
OD, Ppr S / I
Yes: After

QC & OD
1 year
Published articles show 3 -10 years;
Other Cities have adopted 2 years - 20
years; GC §34090
Manag.

Services /
Finance
FIN-027 Grant Reports: Quarterly Grant Reports,
Compliance Reports (e.g. Police) 5 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD Meets auditing standards; Grants
covered by a Consolidated Action Plan
are required for 5 years; Uniform Admin.

Requirements for Grants to Local
Governments is 3 years from
expenditure report or final payment of
grantee or subgrantee; 2 CFR 200.334;
24 CFR 91.105(h), 92.505, 570.490, &
570.502(a), 29 CFR 97.42; OMB
Circular A-110 & A-133; GC §34090;
GC §8546.7
Manag.

Services /
Finance
FIN-028 Investment Advisor Reports / Trade Tickets 5 years Yes: Until Paid
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Meets auditing standards; FTC Reg's
rely on "self-enforcement";
GC§§ 34090, 43900
Manag.

Services /
Finance
FIN-029 Journal Entries (Binders) 5 years Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference; Statute of
Limitations is 4 years; GC §34090, CCP
§ 337
Manag.

Services /
Finance
FIN-030
Journals, Finance Reports created from
Database: Ledgers, Reconciliations,
Registers, Reports, Transaction Histories,
Balance Sheets (MONTHLY / PERIODIC)
When No
Longer
Required
Yes Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Transitory records not retained in the
ordinary course of business Financial
system qualifies as a trusted system
and can re-create reports accurately;
GC §34090
Manag.

Services /
Finance
FIN-031 Returned Check Processing 5 years Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD Meets auditing standards; GC §34090 TOWN OF YUCCA VALLEY, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Approved: 6/4/2024 DRAFT

Page 254 of 387 ends

RECORDS RETENTION SCHEDULE: FINANCE
(Payroll, Purchasing)
Ver. 17.0 Page FIN-5
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

Manag.

Services /
Finance
FIN-032
State Reports: State Controllers Report, Local
Government Compensation Report, Property
Management Plan, Obligation Payment
Schedules, Due Diligence Reviews, Gas Tax,
MOE (Maintenance of Effort) Report, Fixed
Charge Special Assessment Report, Public
Self Insurer Report (SIP Report)
5 years Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference; Meets auditing
standards; GC §34090
Manag.

Services /
Finance
FIN-033
Street Report, AQMD Annual Report,
Maintenance of Effort (MOE) Calculations,
Audits, / other compliance reports
5 years Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD Meets auditing standards; GC §34090 Manag.

Services /
Finance
FIN-033.5 W-9's
Vendor
Inactive + 3
years
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Meets IRS auditing standards; GC
§34090

FINANCE / PAYROLL
Manag.

Services /
Finance /
Payroll
FIN-034
DE-6, DE-7, DE-9 DE-43, W-3, / DE-166, 941
Forms, IRS 5500 Forms (Employee Benefit
Plans), PERS / FICA / Medicare Adjustments -
Quarterly Payroll Tax Returns / OASDI,
Federal Tax Deposits, Adjustments, etc.
5 years Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
IRS: 4 years after tax is due or paid
(longer for auditing & contractor
delinquency); Ca. FTB: 3 years;
Published articles show permanent; ;
IRS Reg §31.6001-1(e)(2), 26 CFR
§1.6001-1, R&T §19530, GC §34090
Manag.

Services /
Finance /
Payroll
FIN-035 Deduction Registers, Leave Balances,
Organization Charge Summaries 5 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD Department Preference; GC §34090 Manag.

Services /
Finance /
Payroll
FIN-036 Payroll Checks 5 years Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference; Statute of
Limitations is 4 years; GC §34090, CCP
§ 337
TOWN OF YUCCA VALLEY, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Approved: 6/4/2024 DRAFT

Page 255 of 387 ends

RECORDS RETENTION SCHEDULE: FINANCE
(Payroll, Purchasing)
Ver. 17.0 Page FIN-6
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

Manag.

Services /
Finance /
Payroll
FIN-037 Payroll Database
Indefinite -
Minimum 5
years
Yes Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD Data is interrelated; GC §34090 et seq.

Manag.

Services /
Finance /
Payroll
FIN-038
All Cumulative Detailed Payroll
Journal/Registers Per Pay Period
Payroll Journal / Register (Detail Year-end -
Cumulative by employee)
5 years Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference consistent with
auditing standards; GC §34090
Manag.

Services /
Finance /
Payroll
FIN-039 Payroll Journal / Registers (Periodic reports,
when a detail year-end report is retained) 5 years Mag, OD, Mfr, Ppr S / I Yes: After QC & OD Department preference; Considered a
draft or transitory record (detail year-end
is retained); GC §34090
Manag.

Services /
Finance /
Payroll
FIN-040
PERS Reports / Annual Valuation Reports,
Actuarial Valuation Reports, Annual Employer
Statements / Bi-weekly Reports
When No
Longer
Required
Mag, OD,
Mfr, Ppr S / I Yes: After QC & OD
Department Preference (Non-records);
GC §34090
Manag.

Services /
Finance /
Payroll
FIN-041 Time Sheets / Time Cards / Payroll Exception
Reports WITH employee signatures 5 years Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department preference; Meets auditing
standards (audit + 4 years); IRS
requires 4 years; Ca. requires 2 yr min.;
FTB keeps 3 years; Published articles
show 4 -10 years; IRS Reg §31.6001-
1(e)(2), R&T §19530; LC § 1174(d); 29
CFR 516.5 & 516.6(c); GC §34090
Manag.

Services /
Finance /
Payroll
FIN-042 W-2's 5 years Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
IRS: 4 yrs after tax is due or paid; Ca.

FTB: 3 years; Articles show 7 years; IRS
Reg §31.6001-1(e)(2), R&T §19530;
29CFR 516.5 - 516.6, 29USC 436, GC
§34090
TOWN OF YUCCA VALLEY, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Approved: 6/4/2024 DRAFT

Page 256 of 387 ends

RECORDS RETENTION SCHEDULE: FINANCE
(Payroll, Purchasing)
Ver. 17.0 Page FIN-7
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

Manag.

Services /
Finance /
Payroll
FIN-043 W-4, W-4-A, DE-4
No Longer in
Effect + 4
years
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
IRS Regulation for W-4s: four years
after the due date of such tax for the
return period to which the records relate,
or the date such tax is paid, whichever
is the later; 26 CFR 31.6001-1; GC
§34090
TOWN OF YUCCA VALLEY, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Approved: 6/4/2024 DRAFT

Page 257 of 387 ends

RECORDS RETENTION SCHEDULE: FINANCE
(Payroll, Purchasing)
Ver. 17.0 Page FIN-8
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

FINANCE / PURCHASING
Manag.

Services /
Finance /
Purchasing
FIN-044 Purchase Orders, Procurement Requisitions 5 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD Meets auditing standards; GC §34090 Manag.

Services /
Finance /
Purchasing
FIN-045 Purchasing Card / Credit Card Backup Receipts 5 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD Meets auditing standards; GC §34090 TOWN OF YUCCA VALLEY, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Approved: 6/4/2024 DRAFT

Page 258 of 387 ends

Ver. 16.0 RECORDS RETENTION SCHEDULE: GENERAL SERVICES
(Emergency Prep., Grants, Franchise, IT, Legislative Relations, Solid Waste) Page GS-1
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

GENERAL SERVICES / EMERGENCY PREPARATION
General
Services /
Emerg.

Prep.

GS-001 Disaster History P Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD Department Preference; GC §34090 General
Services /
Emerg.

Prep.

GS-002 Disaster Recovery Plan Superseded
+ 7 years
Yes: Until
Superseded
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD Department Preference; GC §34090 General
Services /
Emerg.

Prep.

GS-003
Disaster Recovery Training / Events
(includes SEMS Training - Standardized
Emergency Management Systems Training)
Excludes Training Certificates (Separation
+ 5 years)
7 years Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Consistent with Town-wide Training retention;
Calif. Labor Division is required to keep their
OSHA records 7 years; EEOC/FLSA/ADEA
(Age) requires 3 years for promotion,
demotion, transfer, selection, or discharge;
State Law requires 2 -3 years; 29 CFR
1627.3(b)(1), 8 CCR §3204(d)(1) et seq., GC
§§12946, 12960, 34090
General
Services /
Emerg.

Prep.

GS-004 Emergency Operations Center (EOC)
Records
Upon
Reimburse.

Minimum 2
years
Yes: Until
Payment
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD Department Preference; GC §34090 General
Services /
Emerg.

Prep.

GS-005 Emergency Operations Plans
(Standardized Operations Procedures)
Superseded
+ 7 years
Yes: Until
Superseded
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD Department Preference; GC §34090

GENERAL SERVICES / GRANT ADMINISTRATION
TOWN OF YUCCA VALLEY, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Approved: 6/4/2024 DRAFT

Page 259 of 387 ends

Ver. 16.0 RECORDS RETENTION SCHEDULE: GENERAL SERVICES
(Emergency Prep., Grants, Franchise, IT, Legislative Relations, Solid Waste) Page GS-2
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

Lead Dept.
(Managing
the Grant)
GS-007
Grants / CDBG / Reimbursable Claims /
(SUCCESSFUL Reports, other records
required to pass the funding agency's audit,
if required)
After
Funding
Agency
Audit, if
required -
Minimum 5
years

Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Meets auditing standards; Grants covered by a
Consolidated Action Plan are required for 5
years; Uniform Admin. Requirements for
Grants to Local Governments is 3 years from
expenditure report or final payment of grantee
or subgrantee; 2 CFR 200.334; 24 CFR

91.105(h), 92.505, 570.490, & 570.502(a), 29
CFR 97.42; OMB Circular A-110 & A-133; GC
§34090; GC §8546.7
Lead Dept. GS-024
FEMA Claims / OES Claims
(SUCCESSFUL Reports, other records
required to pass the funding agency's audit,
if required)
Close of
Grant /
Closure
Letter + 3
years

Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department preference; Grant Guidelines from
FEMA or Cal OES are 3 years from when they
close out the grant; 2 CFR 200.334, OMB
Circular A-110 & A-133; GC §34090; GC
§8546.7
Lead Dept.
(Managing
the Grant)
GS-008 Grants (UNSUCCESSFUL Applications,
Correspondence) 2 years
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD GC §34090

GENERAL SERVICES / FRANCHISE AGREEMENTS
Town Clerk GS-009
Franchise Agreements (ALL) Agreement /
Contract, Notices of Completion, etc.

Agreement / Contract includes all
contractual obligations (e.g. Specifications
/ Successful Proposal / Scope of Work -
Insurance Certificates?)
Copies -
When No
Longer
Required
Yes:

Before
Completion
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
All agreements and contracts are sent to the
Town Clerk; GC §34090.7
General
Services /
Franchise
Agree.

GS-010
Franchise Agreements: ADMINISTRATIVE
FILES - NOT funded by a grant
(Correspondence, Project Administration,
Project Schedules, Certified Payrolls,
Invoices, Logs, etc.)
10 years
Yes:

Before
Completion
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Covers E&O Statute of Limitations (insurance
certificates are filed with agreement); Statute of
Limitations: Contracts & Spec's=4 years,
Wrongful Death=comp. + 5 years,
Developers=comp. + 10 years; CCP §337 et.
seq., GC §34090

GENERAL SERVICES / INFORMATION TECHNOLOGY
TOWN OF YUCCA VALLEY, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Approved: 6/4/2024 DRAFT

Page 260 of 387 ends

Ver. 16.0 RECORDS RETENTION SCHEDULE: GENERAL SERVICES
(Emergency Prep., Grants, Franchise, IT, Legislative Relations, Solid Waste) Page GS-3
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

General
Services /
IT
GS-011 Backups / Computer Backups (ALL
Disaster Recovery Computer Backups
When
Superseded Yes Mag.

Used for Disaster Recovery Purposes only;
Considered a copy and can be destroyed when
no longer required; tapes are in autochangers
and are overwritten; GC §34090 et seq.

General
Services /
IT
GS-014 GIS database When
Superseded Yes Mag, Mfr, OD, Ppr S / I
Yes: After

QC & OD
Department Preference (transitory records not
retained in the ordinary course of business);
GC §34090 et seq.

General
Services /
IT
GS-015 GIS database - Historical Output (Zoning
Map, etc.)
Provide
Existing
Output to
Lead
Department
Prior to
Change
Yes Mag, Mfr,
OD, Ppr
S / I
Yes: After

QC & OD
Historical records are maintained by the Lead
Department; GC §34090 et seq.

General
Services /
IT
GS-016

UNALTERABLE MEDIA / IMMUTABLE
MEDIA (Cloud Immutable Backup) /
WORM / DVD-r / CD-r / Blue Ray-R / other
unalterable media that does not permit
additions, deletions, / changes
P Follows
Retention of
Official
Electronic
Record
OD
For legal compliance for Trustworthy Electronic
Records (when the electronic record serves as
the official record); must be stored in a "safe
and separate location"; GC 34090, 12168.7,
EVC 1550, CCR 22620 et seq.

GENERAL SERVICES / LEGISLATIVE RELATIONS
General
Services /
Legislative
Relations
GS-017 Legislation, Legislative Relations 2 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD Department Preference; GC §34090

GENERAL SERVICES / SOLID WASTE
General
Services /
Solid
Waste
GS-018 Contract Administration (correspondence,
certified payrolls, time schedules, etc.)
Completion
+ 10 years
Yes:

Before
Completion
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Consistent with Town-wide standards; Statute
of Limitations is 4 years for contracts (errors
and omissions does not apply); CCP §§337.
337.1(a), 337.15, 343; GC §34090
TOWN OF YUCCA VALLEY, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Approved: 6/4/2024 DRAFT

Page 261 of 387 ends

Ver. 16.0 RECORDS RETENTION SCHEDULE: GENERAL SERVICES
(Emergency Prep., Grants, Franchise, IT, Legislative Relations, Solid Waste) Page GS-4
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

General
Services /
Solid
Waste
GS-019
Form 303 Hazardous Waste Annual Report
/ AB 939 Compliance / SB 1383
Compliance (Organic Waste Collection /
Recycling)
10 years Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department preference; SB 1383 compliance
is required for 5 years; 14 CCR § 18995.2; GC
§34090
General
Services /
Solid
Waste
GS-020 Hazardous Materials Special Events
(collection events, etc.) 30 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD Department Preference; GC §34090 et. seq.

General
Services /
Solid
Waste
GS-021 Recycling Program - Annual Report 10 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD Department Preference; GC §34090 et. seq.

General
Services /
Solid
Waste
GS-022 Solid Waste Annual Report (SWAR) 10 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD Department Preference; GC §34090 et. seq.

General
Services /
Solid
Waste
GS-023 Tonnage Reports from Other Agencies 30 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD Department Preference; GC §34090 et. seq.

TOWN OF YUCCA VALLEY, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Approved: 6/4/2024 DRAFT

Page 262 of 387 ends

Ver. 16.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES
(Risk Management)
Page HR-1
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

HUMAN RESOURCES
Manag.

Services /
Human
Resources
HR-030
1095-C, 1094-C (Employer-Provided Health
Insurance Offer / Coverage / Transmittal
Form)
5 years
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference; Instructions state
"Generally, keep copies of information returns
you filed with the IRS or have the ability to
reconstruct the data for at least 3 years, from
the due date of the returns" GC §34090
Manag.

Services /
Human
Resources
HR-001 Americans with Disabilities Act (ADA)
requests for accommodation - Employees 2 years
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD GC §34090
Manag.

Services /
Human
Resources
HR-002 Applications for Employment / Resumes:

Unsolicited (no open position)
When No
Longer
Required
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference; No positions open;
therefore not deemed to be an applicant, nor
part of Town recruitment practices; considered
a transitory record not materially impacting the
conduct of the public's business; 2 CCR (3)(c),
2 CCR 11013(c); GC §34090
Manag.

Services /
Human
Resources
HR-003 Benefit Plans (Health, Dental, Pension,
Vision, etc.)
Plan
Termination
+ 2 years
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
EEOC / ADEA (Age) requires 1 year after
benefit plan termination; State Law requires 2
years after action; 29 CFR 1627.3(b)(1)(2); GC
§§12946, 12960, 34090
Manag.

Services /
Human
Resources
HR-004
Classification / Compensation /
Reorganization Studies (for employee
classifications / department structures)
Minimum 2
years
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Bureau of National Affairs recommends 2
years for all supplementary Personnel records;
Wage rate tables are 1 or 2 years; State
requires 2 years; 29 CFR 516.6, 29 CFR
1602.14, GC §§12946, 12960, 34090
Manag.

Services /
Human
Resources
HR-005 Deferred Compensation Plan
Plan
Termination
+ 2 years
Yes:

During
Service
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Retained to cover auditing standards; GC
§34090
TOWN OF YUCCA VALLEY, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Approved: 6/4/2024 DRAFT

Page 263 of 387 ends

Ver. 16.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES
(Risk Management)
Page HR-2
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

Manag.

Services /
Human
Resources
HR-006
California Civil Rights Department (CRD) /
Department of Fair Employment / Housing
(DFEH / EEOC) Claims / Harassment Claims
that are resolved administratively
Final
Disposition
+ 4 years
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
All State and Federal laws require retention
until final disposition of formal complaint; State
requires 4 years after "fully and finally
disposed"; 2 CCR 1101(c); GC §§12946,
12960, 34090
Lead Dept. HR-007 DMV Pull Notices
When
Superseded
or
Upon
Separation
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Transitory or source records not retained in the
ordinary course of business; CHP audits every
2 years; Bureau of National Affairs
recommends 2 years for all supplementary
Personnel records; GC §34090
Manag.

Services /
Human
Resources
HR-008 Drug / Alcohol Testing / D.O.T. files (All) 5 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD
D.O.T. Requires 5 years for positive tests,
refusals, annual summaries, etc., 1 year for
negative tests; EEOC / FLSA / ADEA (Age)
requires 3 years physical examinations; State
Law requires 2 years; 29 CFR 1627.3(b)(1)(v),
GC §§12946, 12960, 34090; 49 CFR 655.71
et seq.; 49 CFR 382.401 et seq. 49 CFR
653.71
Manag.

Services /
Human
Resources
HR-009 EEO-4 Reports / records required to
generate EEO-4 report 3 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD 29 CFR 1602.30; 29 CFR 1602.31, 29 CFR
1602.32; GC §34090
Manag.

Services /
Payroll
HR-010 Employee Garnishments
When No
Longer
Required
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD GC §34090.7
Manag.

Services /
Human
Resources
HR-011 Grievances / Informal Complaints (all) Minimum 5 years
Yes: Before
Disposition
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
All State and Federal laws require retention
until final disposition of formal complaint; State
requires 4 years after "fully and finally
disposed"; 2 CCR 1101(c); GC §§12946,
12960, 34090
TOWN OF YUCCA VALLEY, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Approved: 6/4/2024 DRAFT

Page 264 of 387 ends

Ver. 16.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES
(Risk Management)
Page HR-3
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

Manag.

Services /
Human
Resources
HR-012 I-9s Separation
+ 3 years
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Required for 1 year from termination or 3 years
from hiring, whichever is later; EEOC / FLSA /
ADEA (Age) requires 3 years for "any other
forms of employment inquiry"; State Law
requires 2 -3 years; INA 274A(b)(3); INS Rule
274a.1(b)(2); 8 CFR 274a.2; 29 CFR
1627.3(b)(1); GC §§12946, 12960, 34090
Manag.

Services /
Human
Resources
HR-013 Job Specifications Minimum 4
years
Yes:

Before
Superseded
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference; statute of limitations
for EEOC/FLSA/ADEA (Age) requires 3 years
for promotion, demotion, transfer, selection, or
discharge; State Law requires 4 years; 29
CFR 1602.31 & 1627.3(b)(ii), GC §§12946,
12960, 34090
Manag.

Services /
Human
Resources
HR-014 LiveScan Fingerprint Clearance Log 50 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD
Department Preference to protect Town in the
event of past employee misconduct; GC §
34090 et seq.

Manag.

Services /
Human
Resources
HR-015 Personnel Files - Medical File (all employees)
Whichever
is Longer:

Separation
+ 30 years,
or
Termination
of Benefits
+ 5 years,
or Death of
Employee +
5 years
Yes: Until
Separation
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Files maintained separately; Claims can be
made for 30 years for toxic substance
exposure; 8 CCR §3204(d)(1) et seq., 8 CCR
5144, 8 CCR 15400.2; 29 CFR
1910.1020(d)(1)(i), GC §§12946, 12960, 34090
TOWN OF YUCCA VALLEY, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Approved: 6/4/2024 DRAFT

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Ver. 16.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES
(Risk Management)
Page HR-4
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

Manag.

Services /
Human
Resources
HR-016
Personnel Files - Regular, Active,
Permanent, Non-Regular, Temporary / Parttime Employees Includes Disaster Service Workers Oaths,
Training Certificates
Required Information for all Employee
Training:(if record is created)
Employee Name
Training Provider’s Name
Date
Duration (length)
Core Competencies / Skills
Certifications / Qualifications
Separation
+ 6 years
Yes: Until
Separation
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference; statute of limitations
for retirement benefits is 6 years from last
action; EEOC/FLSA/ADEA (Age) requires 3
years for promotion, demotion, transfer,
selection, or discharge; State Law requires 4
years; 29 CFR 1602.31 & 1627.3(b)(1), GC §§
3105, 12946, 12960, 34090; 53237.2(b), LC
§1198.5
Manag.

Services /
Human
Resources
HR-017 Program Evaluations (participant's feedback
for classes, etc.)
When No
Longer
Required
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Content Not Substantive / Preliminary Records
not retained in the ordinary course of business;
GC §34090
Manag.

Services /
Human
Resources
HR-018
Recruitment File
Advertisements, Unsuccessful Applications,
Brochures, Equal Employment Opportunity
Data, Flyers, Interview Notes, Job
Announcements, Letters, Scantrons, Tests,
Questions
4 years Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department preference; EEOC/FLSA/ADEA
(Age) requires 3 years for promotion,
demotion, transfer, selection, or discharge;
State Law requires 4 years; 29 CFR 1602.31 &
1627.3(b)(1), 8 CCR §3204(d)(1) et seq., GC
§§12946, 12960, 34090
Manag.

Services /
Human
Resources
HR-019 Recruitment Flyers / Brochures
When No
Longer
Required
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Brochures and Flyers are also maintained with
recruitment file (these are copies); GC
§34090.7
TOWN OF YUCCA VALLEY, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Approved: 6/4/2024 DRAFT

Page 266 of 387 ends

Ver. 16.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES
(Risk Management)
Page HR-5
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

Manag.

Services /
Human
Resources
HR-020 Salary Surveys Minimum 2
years
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD Department Preference; GC §34090 Manag.

Services /
Human
Resources
HR-021 Verifications of Employment, Child Support
When No
Longer
Required
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Content Not Substantive / Preliminary Records
not retained in the ordinary course of business;
GC §34090
Manag.

Services /
Human
Resources
HR-021.5
Workplace Violence – Hazard identification,
evaluation, correction, incident logs,
investigations. training, etc.
5 years Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD LC §6401.9(f), GC §34090

HUMAN RESOURCES / RISK MANAGEMENT
Manag.

Services /
Human
Resources
/ Risk
Manag.

HR-022 Claims Resolution
+ 5 years
Yes: Until
Resolution
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Claim must be filed within 1 year, lawsuit within
2 years; complaints against peace officers
within 5 years; Statute of Limitations for
contracts is 4 years; wrongful death for
construction is completion + 5 years; CCP §§
337 et seq.; GC §§ 911.2, 34090, 34090.6; PC
§832.5(b)
Manag.

Services /
Human
Resources
/ Risk
Manag.

HR-023 Complaints (against Personnel - e.g.
misconduct, abuse, excessive force, etc.)
Final
Disposition
+ 5 years
Yes:

Before
Disposition
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Statute of Limitations for public official
misconduct is discovery of offense + 4 years ;
State and Fed laws is until final disposition of
formal complaint; State requires 2 years after
action; EVC § 1045, GC §§12946, 12960,
34090; PC §§801.5, 803(c), VC §2547
Manag.

Services /
Human
Resources
/ Risk
Manag.

HR-024
Insurance Policies / Certificates (Townowned): ALL - e.g., Liability (General / Public), Workers Compensation
Expiration +
2 years
Yes:

Before
Expiration
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD For protection from litigation; GC §34090 TOWN OF YUCCA VALLEY, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Approved: 6/4/2024 DRAFT

Page 267 of 387 ends

Ver. 16.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES
(Risk Management)
Page HR-6
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

Manag.

Services /
Human
Resources
/ Risk
Manag.

HR-025 Lawsuits / Litigation Resolution
+ 5 years
Yes: Until
Resolution
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Claim must be filed within 1 year, lawsuit within
2 years; complaints against peace officers
within 5 years; Statute of Limitations for
contracts is 4 years; wrongful death for
construction is completion + 5 years; CCP §§
337 et seq.; GC §§ 911.2, 34090, 34090.6; PC
§832.5(b)
Manag.

Services /
Human
Resources
/ Risk
Manag.

HR-026 JPA / JPIA Reports 2 years Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD Department Preference; GC §34090 Manag.

Services /
Human
Resources
/ Risk
Manag.

HR-027 OSHA Inspections / Citations, Log 200 / Log
300 5 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD
Calif. Labor Division is required to keep their
records 7 years; OSHA requires 5 years; State
law requires 2 years; 8 CCR §3203(b)(1), 29
CFR 1904.33, OMB 1220-0029, 8 CCR
14300.33; GC §34090.7; LC §6429c
Manag.

Services /
Human
Resources
/ Risk
Manag.

HR-028
Potential Claims / Accident / Incident / Injury
Reports (medical / non-medical that do not
result in a claim.)
2 years Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department preference (the Town does not
provide ambulance / paramedic transports); 3
years is recommended by State Fire Marshall;
Statute of Limitations for Health Providers is 3
years; Juveniles may have longer statute of
limitations to file claims; CCP §340.5, GC
§34090
TOWN OF YUCCA VALLEY, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Approved: 6/4/2024 DRAFT

Page 268 of 387 ends

Ver. 16.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES
(Risk Management)
Page HR-7
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

Manag.

Services /
Human
Resources
/ Risk
Manag.

HR-029 Workers Compensation / Disability Claims /
Investigations
Whichever
is Longer:

Separation
+ 30 years,
or
Termination
of Benefits
+ 5 years,
or Death of
Employee +
5 years
Mag, Mfr,
OD, Ppr S / I
Yes: After

QC & OD
When
Inactive
Claims can be made for 30 years for toxic
substance exposure; Claims are required for
five years after the end of compensation, or
injury, whichever is longer; 8 CCR 5144, 8
CCR 15400.2;8 CCR §3204(d)(1) et seq., 8
CCR 10102, 15400.2; GC §§12946, 12960,
34090
TOWN OF YUCCA VALLEY, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Approved: 6/4/2024 DRAFT

Page 269 of 387 ends

Ver. 13.0 RECORDS RETENTION SCHEDULE: MANAGEMENT SERVICES / TOWN CLERK (Town Council, Elections)
Page MS-1
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

TOWN CLERK / TOWN COUNCIL
Manag.

Services /
Town Clerk
MS-001 Town Council Correspondence 2 years Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference to cover the length of
Council Members terms; GC §34090

TOWN CLERK
Manag.

Services /
Town Clerk
MS-002 Advertising for Boards / Commission
(vacancies) 2 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD Brown Act challenges must be filed within 30
or 90 days of action; Statute of Limitations on
Municipal Government actions is 3 - 6 months;
CCP§337 et seq; GC §§34090, 54960.1(c)(1)
Manag.

Services /
Town Clerk
MS-003
Affidavits of Postings / Affidavits of
Publications / Legal Advertising /
Notices / Proofs of Publications / Public
Hearing Notices -

FOR TOWN COUNCIL
2 years Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Statute of Limitations for some Municipal
Government actions is 3 - 6 months; CCP§335
337 et seq; GC §§34090, 65009(c)(1)
Manag.

Services /
Town Clerk
MS-004
Agendas / Agenda Packets - Town
Council, Redevelopment, Successor
Agency, Oversight Board,
P
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD Department Preference; GC §34090 et seq.

Page 270 of 387 ends

Ver. 13.0 RECORDS RETENTION SCHEDULE: MANAGEMENT SERVICES / TOWN CLERK (Town Council, Elections)
Page MS-2
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

Manag.

Services /
Town Clerk
MS-005
Agreements / Contracts (ALL

INFRASTRUCTURE, / IF IMAGED)
Agreement / Contract, Notices of
Completion, etc.

Agreement / Contract includes all
contractual obligations (e.g.

Specifications / Successful Proposal /
Scope of Work)
Examples of Infrastructure:

Architects, Buildings, bridges,
covenants, development, environmental,
Joint Powers, MOUs, park
improvements, property / property
restrictions, redevelopment, reservoirs,
sewers, sidewalks, street / alley
improvements, settlement, subdivisions,
utilities, water, etc.

P
Yes: Before
Completion
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference; All infrastructure,
JPAs, & Mutual Aid contracts should be
permanent for emergency preparedness;
Statute of Limitations is 4 years; 10 years for
Errors & Omissions; land records are
permanent by law; CCP §§337. 337.1(a),
337.15, 343; GC §34090, Contractor has
retention requirements in 48 CFR 4.703(a)
Manag.

Services /
Town Clerk
MS-006
Agreements / Contracts (ALL NONINFRASTRUCTURE) All Change orders, Contracts/Agreements not
approved by Council
Examples of Non-Infrastructure:

Consultants, Franchises, Landscaping,
Painting, Slurry Seals (Paving), Tree
Trimming, Leases, Personnel,
Professional Services, etc.

Completion
+ 10 years
Yes: Before
Completion
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference; Statute of Limitations
is 4 years; 10 years for Errors & Omissions;
land records are permanent by law; CCP
§§337. 337.1(a), 337.15, 343; GC §34090,
Contractor has retention requirements in 48
CFR 4.703(a)
TOWN OF YUCCA VALLEY, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Approved: 6/4/2024 DRAFT

Page 271 of 387 ends

Ver. 13.0 RECORDS RETENTION SCHEDULE: MANAGEMENT SERVICES / TOWN CLERK (Town Council, Elections)
Page MS-3
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

Manag.

Services /
Town Clerk
MS-007 Annexations / LAFCO P
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD Land Records; GC §34090 Manag.

Services /
Town Clerk
MS-008 Council Meetings: Recordings - AUDIO
RECORDINGS / Meetings / Audio Tapes
30 days, or
after
approval of
the minutes,
whichever is
longer
Mag
Department Preference (video tapes are
maintained 2 years); State law only requires for
30 days; GC §54953.5(b)
Manag.

Services /
Town Clerk
MS-009 Bond Transcripts / Certificates of
Participation (issuing documents)
Fully
Defeased
+ 10 years
Yes: Until
Maturity
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Statute of Limitations for bonds, mortgages,
trust deeds, notes or debentures is 6 years;
Bonds issued by local governments are 10
years; IRS bond auditing regulations state,
"…material records should generally be kept
for as long as the bonds are outstanding, plus
3 years after the final redemption date of the
bonds;” There are specific requirements for
disposal of unused bonds; CCP §§336 et seq.
337.5(a); 26 CFR 1.6001-1(e): 26 CFR § 1.148-
5(d)(6)(iii)(E); GC §43900 et seq
Manag.

Services /
Town Clerk
MS-010 Boards, Commissions / Committees -
APPLICATIONS: APPOINTED
Duration of
Office + 4
years
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Statute of Limitations: Public official
misconduct is discovery of offense + 4 years,
GC §34090; PC §§801.5, 803c
Manag.

Services /
Town Clerk
MS-011 Boards, Commissions / Committees -
APPLICATIONS: UNSUCCESSFUL 2 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD GC §34090 et seq.

Page 272 of 387 ends

Ver. 13.0 RECORDS RETENTION SCHEDULE: MANAGEMENT SERVICES / TOWN CLERK (Town Council, Elections)
Page MS-4
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

Finance MS-012 Budgets (Final)
Copies -
When No
Longer
Required
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD Copies; GC §34090.7
Manag.

Services /
Town Clerk
MS-013 Chronological History of Mayor / Council P
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD Historical Value; GC §34090 Manag.

Services /
Town Clerk
MS-014 Town History, Historical Records (e.g.

Incorporation, Town Seal, etc.) P
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Town Clerk determines historical significance;
records can address a variety of subjects and
media. Some media (e.g. audio and video
tape) may be limited because of the media's
life expectancy; GC §34090
Manag.

Services /
Town Clerk
MS-015 Town Land / Property Approved by
Council (Recorded Documents) P
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD GC §34090
Manag.

Services /
Human
Resources
/ Risk
Manage.

MS-016 Claims (Liability Claims) 2 years Yes: Until
Settlement
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD Department Preference (copies); GC §34090.7 Manag.

Services /
Town Clerk
MS-017 Committee Rosters
Superseded
(minimum 2
years)
Mag, Mfr,
OD, Ppr S / I
Yes:

After QC
& OD
GC §34090
TOWN OF YUCCA VALLEY, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Approved: 6/4/2024 DRAFT

Page 273 of 387 ends

Ver. 13.0 RECORDS RETENTION SCHEDULE: MANAGEMENT SERVICES / TOWN CLERK (Town Council, Elections)
Page MS-5
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

Manag.

Services /
Town Clerk
MS-018
Economic Interest Filings (FPPC 700
Series Forms - Statement of Economic
Interests): DESIGNATED EMPLOYEES
/ CONSULTANTS (specified in the
Town's Conflict of Interest Code)
7 years Mag, Mfr,
OD, Ppr S / I
Yes:

After QC
2 years
Town maintains original statements; GC
§81009(e)(g)
Manag.

Services /
Town Clerk
MS-019
Economic Interest Filings (FPPC 700
Series Forms - Statement of Economic
Interests): PUBLIC OFFICIALS (elected
/ not elected. Includes Town Council
Members, Planning Commission
Members, Town Manager, Town
Treasurer / Town Attorney)
Term + 4
years
Mag, Mfr,
OD, Ppr S / I
Yes:

After QC
2 years
Department Preference; as of January 1, 2025,
the FPPC is the Filing Officer for 87200 filers;
City maintains copies only; original statements
are filed with FPPC; GC §81009(f)&(g)
Manag.

Services /
Town Clerk
MS-020 FPPC Form 801 (Gift to Agency Report) 7 years Mag, Mfr, OD, Ppr S / I
Yes:

After QC
2 years
Must post on website; FPPC Opinion; GC
§81009€
Manag.

Services /
Town Clerk
MS-021 FPPC Form 802 (Tickets Provided by
Agency Report) 7 years Mag, Mfr, OD, Ppr S / I
Yes:

After QC
2 years
Should post on website for 4 years; GC
§81009(e)
Manag.

Services /
Town Clerk
MS-022 FPPC Form 803 (Behested Payment
Report) 7 years Mag, Mfr, OD, Ppr S / I
Yes:

After QC
2 years
GC §34090; GC §81009(e)
Manag.

Services /
Town Clerk
MS-023 FPPC Form 804 (Agency Report of New
Positions) P
Mag, OD,
Ppr S / I
Yes:

After QC
2 years
FPPC Regulation 18734(c); GC §81009e
TOWN OF YUCCA VALLEY, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Approved: 6/4/2024 DRAFT

Page 274 of 387 ends

Ver. 13.0 RECORDS RETENTION SCHEDULE: MANAGEMENT SERVICES / TOWN CLERK (Town Council, Elections)
Page MS-6
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

Manag.

Services /
Town Clerk
MS-024 FPPC Form 805 (Agency Report of
Consultants) P
Mag, OD,
Ppr S / I
Yes:

After QC
2 years
FPPC Regulation 18734(c); GC §81009e
Manag.

Services /
Town Clerk
MS-025 FPPC Form 806 (Agency Report of
Public Official Appointments) 7 years Mag, OD, Ppr S / I Yes:

After QC
2 years
Must post on website; 2 CCR 18702.5(b)(3);
GC §34090; GC §81009(e)
TOWN OF YUCCA VALLEY, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Approved: 6/4/2024 DRAFT

Page 275 of 387 ends

Ver. 13.0 RECORDS RETENTION SCHEDULE: MANAGEMENT SERVICES / TOWN CLERK (Town Council, Elections)
Page MS-7
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

TOWN CLERK / ELECTIONS - CONSOLIDATED
Manag.

Services /
Town
Clerk /
Elections
MS-026
Campaign Filings (FPPC 400 Series
Forms / Form 501: SUCCESSFUL
CANDIDATES (Elected Officials)
P
Mfr, OD,
Ppr S / I
Yes:

Services /
Town
Clerk /
Elections
MS-027
Campaign Filings (FPPC 400 Series
Forms / Form 501): UNSUCCESSFUL

CANDIDATES
5 years Mfr, OD,
Ppr S / I
Yes:

After QC
2 years
Candidates without committees are not
required to file their statements, reports or
copies online or electronically; Paper must be
retained for at least 2 years; GC §81009(b)&(g)
Manag.

Services /
Town
Clerk /
Elections
MS-028
Campaign Filings (FPPC 400 Series
Forms): OTHER COMMITTEES (PACS
- not candidate-controlled)
7 years Mfr, OD,
Ppr S / I
Yes:

After QC
2 years
Paper must be retained for at least 2 years;
GC §81009©&(g)
Manag.

Services /
Town
Clerk /
Elections
MS-029
Campaign Filings (FPPC 400 Series
Forms): THOSE NOT REQUIRED TO

FILE ORIGINAL WITH TOWN CLERK
(copies)
4 years Mfr, OD,
Ppr S / I
Yes:

After QC
2 years
Paper must be retained for at least 2 years;
GC §81009(f)&(g)
Manag.

Services /
Town
Clerk /
Elections
MS-030
Elections - GENERAL, WORKING /
ADMINISTRATION Files
(Correspondence, Applications for
vacancies on the Council, Precinct
Maps, County Election Services,
Candidate Statements to be printed in
the Sample Ballot, etc.)
2 years Mag, OD,
Ppr S / I
Yes:

After QC
2 years
Used for a model for the next election, GC
§34090
TOWN OF YUCCA VALLEY, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Approved: 6/4/2024 DRAFT

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Page MS-8
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

Manag.

Services /
Town
Clerk /
Elections
MS-031
Elections - HISTORICAL File (Sample
ballot, Oaths of Office, Certificate of
Elections, Copies of all Resolutions -
calling the election, canvass, etc.,
election summary)
P
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD Retained for Historical Value, GC §34090 Manag.

Services /
Town
Clerk /
Elections
MS-032
Candidate File: Nomination Papers,
Candidate Statements, etc. -

SUCCESSFUL CANDIDATES
Term of
Office + 4
years
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
CA law states term of office and 4 years after
the expiration of term for Nomination Papers;
EC §17100
Manag.

Services /
Town
Clerk /
Elections
MS-033
Candidate File: Nomination Papers,
Candidate Statements, etc. -

UNSUCCESSFUL CANDIDATES
Election + 4
years
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference; CA law states term of
office and 4 years after the expiration of term
for Nomination Papers; EC §17100
Manag.

Services /
Town
Clerk /
Elections
MS-034.1
Elections - Petitions (Initiative, Recall /
Referendum) - IF INSUFFICIENT - IF
Examined by Proponents
Final
Examination
+ 1 year
after petition
examination
Ppr
Not accessible to the public; The 8 month
retention applies after election results, or final
examination if no election, unless there is a
legal or FPPC proceeding. EC §§17200(b)(3),
17400
Manag.

Services /
Town
Clerk /
Elections
MS-034.2
Elections - Petitions (Initiative, Recall /
Referendum) - IF INSUFFICIENT - NOT
Examined by Proponents
Determinatio
n of
Insufficiency
+ 8 months
Ppr
Not accessible to the public; The 8 month
retention applies after the City Clerk makes the
determination of insufficiency / examines the
petitions. unless there is a legal or FPPC
proceeding. EC §§17200(b)(3), 17400
Manag.

Services /
Town
Clerk /
Elections
MS-034.3 Elections - Petitions (Initiative, Recall /
Referendum) - IF SUFFICIENT
Results + 8
months Ppr
Not accessible to the public; The 8 month
retention applies after election results, or final
examination if no election, unless there is a
legal or FPPC proceeding. EC §§17200(b)(3),
17400
TOWN OF YUCCA VALLEY, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Approved: 6/4/2024 DRAFT

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Page MS-9
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

Manag.

Services /
Town Clerk
MS-034 Elections - Petitions (Initiative, Recall /
Referendum)
Results + 8
months or
Final
Examination
if No
Election + 1
year after
petition
examination
if petition is
insufficient
Ppr
Not accessible to the public; The 8 month
retention applies after election results, or final
examination if no election, unless there is a
legal or FPPC proceeding. EC §§17200(b)(3),
17400
TOWN OF YUCCA VALLEY, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Approved: 6/4/2024 DRAFT

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Ver. 13.0 RECORDS RETENTION SCHEDULE: MANAGEMENT SERVICES / TOWN CLERK (Town Council, Elections)
Page MS-10
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

TOWN CLERK / ELECTIONS - STAND-ALONE (use in conjunction with Consolidated elections - records series are not repeated) Manag.

Services /
Town
Clerk /
Elections
MS-035 Elections - Vote by Mail / Applications,
Roster of Applications 6 mo. Ppr EC §17505
Manag.

Services /
Town
Clerk /
Elections
MS-036 Elections - Vote by Mail / Identification
Envelopes 6 mo. Ppr EC §17302
Manag.

Services /
Town
Clerk /
Elections
MS-037 Elections - Assessment District Ballots -
Prop. 218 proceedings / Protest Letters 2 years Ppr GC §53753(e)(2), 53755(d) Manag.

Services /
Town
Clerk /
Elections
MS-038 Elections - Ballots - After Election 6 mo. Ppr EC §17302 Manag.

Services /
Town
Clerk /
Elections
MS-039 Elections - Ballots - After Recount 6 mo. Ppr EC §17306 Manag.

Services /
Town
Clerk /
Elections
MS-040 Elections - Challenged / Assisted Voters
List 6 mo. Ppr If uncontested, EC §17304
TOWN OF YUCCA VALLEY, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Approved: 6/4/2024 DRAFT

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Page MS-11
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

Manag.

Services /
Town
Clerk /
Elections
MS-041 Elections - Inspector Receipts for Ballots 6 mo. Ppr EC 17302, 17306 Manag.

Services /
Town
Clerk /
Elections
MS-042 Elections - Precinct Officer Appointments 6 mo. Ppr EC §17503 Manag.

Services /
Town
Clerk /
Elections
MS-043 Elections - Roster of Voters 5 years Mag, Mfr,
OD, Ppr EC §17300
Manag.

Services /
Town
Clerk /
Elections
MS-044 Elections - Tally Sheets 6 mo. Ppr EC §17304
Manag.

Services /
Town
Clerk /
Elections
MS-045 Elections - Voter Index Copies used as
the Voting Record at Polling Places 6 mo. Ppr EC §17304 Manag.

Services /
Town
Clerk /
Elections
MS-046 Elections - Voter Index Original 5 years Ppr EC §17001 (End of Elections Section)
TOWN OF YUCCA VALLEY, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Approved: 6/4/2024 DRAFT

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Ver. 13.0 RECORDS RETENTION SCHEDULE: MANAGEMENT SERVICES / TOWN CLERK (Town Council, Elections)
Page MS-12
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

Manag.

Services /
Town Clerk
CLK-064 Enterprise System Catalogue (posted on
line) 2 years Mag, Mfr, OD, Ppr S / I
Yes:

After QC
& OD
GC §34090
Manag.

Services /
Town Clerk
MS-047
Ethics Training Certificates, Fiscal and
Financial, / Harassment Prevention
Training Certificates
Separation +
5 years
Mag, Mfr,
OD, Ppr S / I
Yes:

After QC
& OD
GC §53235.2(b), 53237.2(b), 53238.3(b), LC
§1198.5
Manag.

Services /
Town Clerk
MS-048
COIs / Certificate of Insurance /
Insurance Certificates - that can't be
matched to an agreement / contract but
vendor may be doing business with the
Town
11 years Yes: Before
Completion
Mag, Mfr,
OD, Ppr Mfr Yes: After QC & OD
Longest Statute of Limitations is 10 years;
Conforms with Agreement Retention (usually
filed with agreement); CCP §337 et seq.; GC
§34090
Manag.

Services /
Town Clerk
MS-049
Minutes: Town Council, Parks /
Recreation District, Redevelopment
Agency, Successor Agency, Oversight
Board, Community Center Authority
P Yes (all) Mag, Mfr,
OD, Ppr S / I
Yes:

After QC
& OD No
GC §34090
Manag.

Services /
Town Clerk
MS-050
Minutes: Boards, Commissions, /
Committees: Citizens Advisory Formed
by TOWN COUNCIL
Planning Commission, Parks,
Recreation / Cultural Commission,
Permit Hearings, etc.

P Yes (all) Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD GC §34090
Manag.

Services /
Town Clerk
MS-051 Municipal Code Administration,
Distribution, etc.

When No
Longer
Required
Mag, Mfr,
OD, Ppr S / I
Yes:

After QC
& OD
Preliminary Drafts not retained in the ordinary
course of business; GC §34090
Manag.

Services /
Town Clerk
MS-052 Municipal Code / History File (always
retain 1 supplement)
When No
Longer
Required
Mag, Mfr,
OD, Ppr S / I
Yes:

After QC
& OD
Preliminary drafts / copies (the ordinances are
the original record); GC §34090
TOWN OF YUCCA VALLEY, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Approved: 6/4/2024 DRAFT

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Page MS-13
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

Manag.

Services /
Town Clerk
MS-053
Official Records / Recorded Documents:

Abandonments, Certificates of
Compliance, Deeds, Easements,
Entitlements, Lot Line Adjustments, Lot
Mergers, Vacations, etc.

P Yes (all) Mag, Mfr,
OD, Ppr S / I
Yes:

After QC
& OD No
GC §34090
Manag.

Services /
Town Clerk
MS-054 Ordinances - Council / Redevelopment,
Successor Agency P Yes (all) Mag, Mfr, OD, Ppr S / I
Yes:

After QC
& OD No
GC §34090 et. seq.

Manag.

Services /
Town Clerk
MS-055 Passport Transmittal Forms (Copies);
Miscellaneous Passport Information 24 months Mag, Mfr, OD, Ppr S / I Yes:

After QC
& OD
US Passport requirement to destroy forms
monthly; GC §34090
Manag.

Services /
Town Clerk
MS-056
Petitions (submitted to Council on any
subject - Dog Parks, Parking, Traffic
Calming, etc.)
See Elections for Initiative, Recall /
Referendum Petitions
1 year Mag, Mfr,
OD, Ppr S / I
Yes:

After QC
& OD 2
years
Law requires 1 year for petitions; GC §50115
Manag.

Services /
Town Clerk
MS-057 Proclamations 2 years Mag, Mfr,
OD, Ppr S / I
Yes:

After QC
& OD 2
years
GC §34090
Manag.

Services /
Town Clerk
MS-058 Proof of Publication (Town Clerk) 2 years Mag, Mfr, OD, Ppr S / I
Yes:

After QC
& OD 2
years
Statute of Limitations for some Municipal
Government actions is 3 - 6 months; CCP§335
337 et seq; GC §§34090, 65009(c)(1)
TOWN OF YUCCA VALLEY, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Approved: 6/4/2024 DRAFT

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Page MS-14
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

Manag.

Services /
Town Clerk
MS-059 Records Destruction Lists / Certificates
of Records Destruction P
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD Department Preference; GC §34090 et. seq.

Manag.

Services /
Town Clerk
MS-060 Records Management Audits P
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD Department Preference; GC §34090 et. seq.

Manag.

Services /
Town Clerk
MS-061
Records Retention Schedules /
Authorization for Amendments to
Retention Schedules
P
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD GC §34090 et. seq.

Manag.

Services /
Town Clerk
MS-066
Redistricting Web Page / District
Boundary Web Page (Map, Redistricting
Process, Agendas, Calendars, Notice,
etc.)
10 years Mag, Mfr,
OD, Ppr S / I
Yes:

After QC
& OD
EC §21160(i) 21608(g); GC §34090
Manag.

Services /
Town Clerk
MS-062
Resolutions - Town Council, Parks /
Recreation District, Planning
Commission, / Redevelopment,
Successor Agency, Oversight Board,
P Yes (all) Mag, Mfr,
OD, Ppr S / I
Yes:

After QC
& OD No
GC §34090 et. seq.

Manag.

Services /
Town Clerk
MS-062.5 Secretary of State Statement of Facts /
Registry of Public Agencies 2 years Yes (all) Mag, Mfr, OD, Ppr S / I Yes:

After QC
& OD
GC §34090
Manag.

Services /
Town Clerk
MS-063
Council Meetings: Recordings - VIDEO
RECORDINGS of Meetings / Video
Tapes
2 years (Mag) Department Preference (only 90 days is
required); GC §34090.7
TOWN OF YUCCA VALLEY, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Approved: 6/4/2024 DRAFT

Page 283 of 387 ends

Ver. 13.0 RECORDS RETENTION SCHEDULE - PLANNING Page PL-1 Office of
Record
(OFR)
Retention
No. Records Description Total Retention Vital? Media Options Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

PLANNING
Planning PL-001 Administrative Hearing Records (other than minutes) 2 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD GC §34090 Planning PL-002 Administrative Hearing Agenda Packets 2 years Yes (all) Mag, Mfr, OD, Ppr S / I Yes: After QC & OD Department Preference; GC §34090 et seq.

Planning PL-003 Administrative Hearing Minutes P
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference (maintained in
associated project file); GC §34090
Engineer. PL-004 Aerial Maps (both analog / digital)
Copies -
When No
Longer
Required
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD GC §34090.7
Manag.

Services /
Town Clerk
PL-005 Annexation / Deannexation Files
Copies -
When No
Longer
Required
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD Town Clerk is OFR; GC §34090.7 PL-006 Census, Demographics
When No
Longer
Required
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD Census Bureau is OFR; GC §34090 et seq.

Planning PL-007 Covenants / Deed Restrictions P Yes (all) Mag, Mfr, OD, Ppr S / I Yes: After QC & OD
Department Preference; Town Clerk is OFR;
GC §34090.7
Manag.

Services /
Town Clerk
PL-008 Easements, Lot Line Adjustments, Lot
Mergers, / Certificate of Compliance (COC)
Copies -
When No
Longer
Required
Yes (all) Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD Department Preference; GC §34090.7 TOWN OF YUCCA VALLEY, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Approved: 6/4/2024 DRAFT

Page 284 of 387 ends

Ver. 13.0 RECORDS RETENTION SCHEDULE - PLANNING Page PL-2 Office of
Record
(OFR)
Retention
No. Records Description Total Retention Vital? Media Options Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

Planning PL-009
Environmental Determinations: Environmental
Impact Reports (EIRs), Negative Declarations,
Categorical Exceptions, etc.) / CEQA / NEPA
Correspondence / staff notes that provide
insight into the project / the agency’s CEQA
compliance with respect to the project
Project
Approval or
Denial + 2
years
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Town Attorney recommendation; Not all
internal communications and notes are
required to be saved; "E-mails that do not
provide insight into the project or the agency’s
CEQA compliance with respect to the project
— are not within the scope of section 21167.6,
subdivision (e) and need not be retained."
Golden Door Properties, LLC v. Superior Court
of San Diego County (County of San Diego, et
al., Real Parties in Interest) (53 Cal.App.5th
733); PRC 21167,6; GC §34090
Planning PL-009
Environmental Determinations: Environmental
Impact Reports (EIRs), Negative Declarations,
etc.) Outside Town boundaries
When No
Longer
Required
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD Non-records
Planning PL-010 Flood Plain Maps (FEMA) When
Superseded Yes Mag, Mfr, OD, Ppr S / I Yes: After QC & OD Department Preference (FEMA is OFR); GC
§34090
Planning PL-011 General Plan Elements / Amendments P Yes (all) Mag, Mfr, OD, Ppr S / I Yes: After QC & OD
Department Preference; Town Clerk Maintains
originals of all documents that were presented
to Council; GC §34090
Planning PL-012 Planning Commission: Recordings - AUDIO RECORDINGS of Meetings / Audio Tapes 1 year Mag Department Preference (only 30 days is required); GC §54953.5(b)
Planning PL-013 Planning Commission Agenda Packet P Yes (all) Mag, Mfr, OD, Ppr S / I Yes: After QC & OD Department Preference; GC §34090 et seq.

Manag.

Services /
Town Clerk
PL-014 Planning Commission Minutes, Resolutions P Yes (all) Mag, Mfr, OD, Ppr S / I Yes: After QC & OD
Department Preference (Copies); Town Clerk
Maintains originals of all documents that were
presented to Council; GC §34090
TOWN OF YUCCA VALLEY, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Approved: 6/4/2024 DRAFT

Page 285 of 387 ends

Ver. 13.0 RECORDS RETENTION SCHEDULE - PLANNING Page PL-3 Office of
Record
(OFR)
Retention
No. Records Description Total Retention Vital? Media Options Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

Planning PL-015
Planning Files - Approved Permanent
Entitlement Applications
Address Request, Certificate of Compliance,
Conditional Use Permit (CUP), Development
Agreements, Development Code
Amendments, General Plan Amendment, Land
Use Compliance Review, Landscape /
Irrigation Review, Lot Line Adjustment, Lot
Merger, Parcel Map, Planned Development,
Reasonable Accommodation, Sign Permit -
Permanent, Site Plans Review, Specific Plan,
Tract Map, Variance
P Yes Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Projects have a 3 year vesting (applicant must
pull permit within 3 2 years) -- those
applications in which the applicant does not
follow through with permit may be destroyed
after the vesting period has expired. Some
permits must obtain Council approval, and
therefore the Town Clerk becomes office of
record for material presented to Council;
Department maintains complete files for
administrative purposes; GC§§34090, 34090.7
Planning PL-015.2 Planning Files - Withdrawn / Expired
Projects
Minimum 3
years
Yes Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Projects have a 3 year vesting (applicant must
pull permit within 3 years) -- those applications
in which the applicant does not follow through
with permit may be destroyed after the vesting
period has expired. GC§§34090, 34090.7
Planning PL-015.7
Preliminary Application Form (required for a
housing development project that includes
residential units; form is provided by California
Department of Housing / Community
Development
5 years Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Various benchmarks are placed using the
number of residential dwelling units on the
project site within the last five years; GC
§34090,
PL-016
Regional Organizational Studies / Programs
where other Agencies are the Lead (e.g. Rail
Studies, etc.)
When No
Longer
Required
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD Non-records; GC §34090 et seq.

Page 286 of 387 ends

Ver. 13.0 RECORDS RETENTION SCHEDULE - PLANNING Page PL-4 Office of
Record
(OFR)
Retention
No. Records Description Total Retention Vital? Media Options Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

Planning PL-017
Housing Plans: Consolidated Annual
Performance / Evaluation Review (CAPER) /
Comprehensive Housing Affordability Strategy
(CHAS) / Consolidated Action Plan / Analysis
of Impediments to Fair Housing Choices /
Citizen Participation Plan / Action Plans, etc.

Superseded
+ 5 years
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Required for 5 years; 24 CFR 91.105(h); 24
CFR 92.508(a); GC §3409
Planning PL-022
Housing Programs: Grants
(HOME, Rental Assistance, etc.)

NO RECAPTURE / RESALE RESTRICTIONS
After
Funding
Agency
Audit, if
required -
Minimum 5
years

Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Uniform Admin. Requirements for Grants to
Local Governments is 3 years from
expenditure report; HUD requires 3 years; 2
CFR 200.334; 24 CFR 570.502(a)(7), 982.158,
884.214; 29 CFR 97.42, GC §34090
Planning PL-023
Housing Programs: Loans
(First Time Home Buyers, Low / Moderate
Housing Trust Deeds, Loans, etc.)

NO RECAPTURE / RESALE RESTRICTIONS
Loan Payoff or
Forgiveness
+ 5 years
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Consistent with Consolidated Plan
Requirements; Required for 3-4 years from
expenditure or performance report; 2 CFR
200.334; 24 CFR 570.502, 982.158, 884.214;
29 CFR 97.42
Planning PL-018 State Geology Maps (seismic) When
Superseded Yes Mag, Mfr, OD, Ppr S / I Yes: After QC & OD Department Preference (FEMA is OFR); GC
§34090
TOWN OF YUCCA VALLEY, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Approved: 6/4/2024 DRAFT

Page 287 of 387 ends

Ver. 13.0 RECORDS RETENTION SCHEDULE - PLANNING Page PL-5 Office of
Record
(OFR)
Retention
No. Records Description Total Retention Vital? Media Options Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

Planning PL-019
Temporary Use Permits / Minor Permits:

Commercial Exterior Color Change,
Commercial Vehicle Permit, Film Permit, Home
Occupation Permit, Livestock Permit, Massage
License, Native Plant Removal Permit, Public
Convenience / Necessity, Sign Permit -
Political, Sign Permit - Temporary, Special
Licenses, Special Use Permit, Temporary Use
Permit
Termination
of Use + 2
years
Yes Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Temporary uses; Some permits must obtain
Council approval, and therefore the Town
Clerk becomes office of record for material
presented to Council; Department maintains
complete files for administrative purposes;
GC§§34090, 34090.7 Statute of Limitations
any "...liability founded upon an instrument in
writing" or not specifically provided for is 4
years; GC §34090, CCP §§337, 343
Planning PL-020 Zoning Maps of significant historical value P Yes (all) Mag, Mfr, OD, Ppr S / I Yes: After QC & OD
Department Preference; Town Clerk Maintains
originals of all documents that were presented
to Council; GC §34090.7
TOWN OF YUCCA VALLEY, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Approved: 6/4/2024 DRAFT

Page 288 of 387 ends

Ver. 15.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS
(Parks Maintenance)
Page PW-1
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

PUBLIC WORKS / PARKS MAINTENANCE
Public
Works /
Parks
Maint.

PW-001 Backflow Tests 3 years
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD 17 CCR 7605(f); GC §34090 Public
Works /
Parks
Maint.

PW-002 Driver's Vehicle Inspection Reports / Pre-trip
Inspections 2 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD 13 CCR 1234(c); GC §34090 Public
Works /
Parks
Maint.

PW-003 Playground Equipment Inspection Records 10 years Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference to cover all statute of
limitations; GC §34090, CCP §337 et seq.

PUBLIC WORKS
Public
Works PW-027 AQMD Permits (Fuel Station, Compressors, Generators) 5 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD 40 CFR 70.6; GC §34090 Public
Works PW-004
Contract Administration - Street Maintenance,
Sewer Maintenance, Tree Trimming, etc.
(correspondence, certified payrolls, project
schedules, time schedules, etc.)
Completion
+ 5 years
Yes:

Before
Completion
Mag, Mfr,
OD, Ppr S / I
Yes:

After QC
& OD
Exception to Town-wide standard; Statute of
Limitations is 4 years for contracts (errors and
omissions does not apply); Statewide
guidelines propose completion + 5 years for
non-capital improvement contracts &
completion + 4 years for transportation and
concessionaire agreements; CCP §§337.
337.1(a), 337.15, 343; GC §34090
Public
Works PW-005 Estimates / Bids (Vehicles / Purchases) 2 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD GC §34090 Public
Works PW-028 Generator Operation Logs (for Fixed /
Stationary Generators) / Inspections 3 years
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD AQMD Rule 1470; GC §34090 Public
Works PW-029 Generator Operation Logs (for Portable
/Emergency Generators) 5 years
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
AQMD Rule 1470; Form 400–E–13a
instructions, GC §34090
TOWN OF YUCCA VALLEY, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Approved: 6/4/2024 DRAFT

Page 289 of 387 ends

Ver. 15.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS
(Parks Maintenance)
Page PW-2
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

Public
Works PW-006 Hazardous Waste Hauler Manifests (Oil, etc.) - County P Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference (City has "cradle to
grave" responsibility) - Claims can be made for
29 years for toxic substance exposure; 8 CCR
§3204(d)(1) et seq., CCP §§337 et seq., GC
§34090
Lead
Dept.
(Engineer.
or Public
Works)
PW-007 Investigations (minor projects - reports,
ordering of signs, etc.)
Completion
+ 10 years
Yes:

Before
Completion
Mag, Mfr,
OD, Ppr S / I
Yes:

After QC
& OD
Department preference to cover audits from all
grant funding agencies; Statute of Limitations
for Errors & Omissions is 10 years; CCP
§§337. 337.1(a), 337.15, GC §34090
Public
Works PW-008 Maintenance History - Vehicles / Equipment Life of
Vehicle or
Equipment
+ 2 years
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference; If a motor carrier,
required for 18 months after vehicle is sold;
CHP requires life of vehicle; OSHA requires 1
year; 8 CCR § 3203(b)(1); 49 CFR
396.21(b)(1); 49 CFR 396.3(c); CCP §337 et.
seq., 13 CCR 1234(f); GC §34090
Engineer. PW-009 Maps, Plans, Drawings / Diagrams
When No
Longer
Required
Yes: Until
Completed
Mag, Mfr,
OD, Ppr S / I
Yes:

After QC
& OD
Copies; GC §34090.7
Public
Works PW-010 Monthly Reports 10 years
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference to cover all statute of
limitations; GC §34090, CCP §337 et seq.

Public
Works PW-011 Pesticide / Herbicide Records (in-house) 2 Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference (agricultural pesticide
records are required for 2 years); GC §34090;
3 CCR 6623, 40 CFR 110.3(d)
Public
Works PW-012 Pool Chemical Records 2 years
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference - Claims can be made
for 29 years for toxic substance exposure; 8
CCR §3204(d)(1) et seq., CCP §§337 et seq.,
22 CCR 65523; GC §34090
Public
Works PW-013
Pre-Trip Inspections / DOT Program / CHP
Inspections / Vehicle Safety Checks / Daily
Vehicle Inspections / Daily Equipment Checks
2 years Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
13 CCR 1234(e); VC 34505.5(c); 49 CFR
396.11; GC §34090
TOWN OF YUCCA VALLEY, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Approved: 6/4/2024 DRAFT

Page 290 of 387 ends

Ver. 15.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS
(Parks Maintenance)
Page PW-3
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

Public
Works PW-014 Sign Repair Log 5 years
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD Department Preference; GC §34090 et seq.

Public
Works PW-015 Smog Certificates / Inspections
Life of
Vehicle + 2
years
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD GC §34090
Public
Works PW-026 Street Maintenance Files 10 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD 22 CCR 66266.130(c)(5), H&S §25250.18(b),
25250.19(a)(3) et seq.

Lead
Dept. /
Division
PW-016
Training / Tailgate meetings (Attendance
Rosters, Outlines / Materials; includes safety
training)
5 years Mag, Mfr,
OD, Ppr S / I
Yes:

After QC
& OD
Statewide guidelines propose 7 years; Calif.

Labor Division is required to keep their OSHA
records 7 years; EEOC/FLSA/ADEA (Age)
requires 3 years for promotion, demotion,
transfer, selection, or discharge; State Law
requires 2 -3 years; 29 CFR 1627.3(b)(1), 8
CCR §3204(d)(1) et seq., GC §§12946, 12960,
34090
Public
Works PW-017 Underground Service Alerts (USAs) / Dig Alerts 3 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD Department Preference; EPA FAQs
recommend Life of the Tank; applies to both
Tier I and Tier II Tanks; (Tier II tanks are
required to have an integrity test every 20
years); GC §34090
Public
Works PW-018 Used Oil Disposal 3 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD 22 CCR 66266.130(c)(5), H&S §25250.18(b),
25250.19(a)(3) et seq.

Public
Works PW-019
Vehicle / Equipment History Files
Maintenance, Smog Certificates, Registrations
Disposal of
Vehicle or
Equipment
+ 2 years
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference; If a motor carrier,
required for 18 months after vehicle is sold;
CHP requires life of vehicle; OSHA requires 1
year; 8 CCR § 3203(b)(1); 49 CFR
396.21(b)(1); 49 CFR 396.3(c); CCP §337 et.
seq., 13 CCR 1234(f); GC §34090
Public
Works PW-020 Vehicle Binders (Large regulated vehicles) - Daily inspections, copies of repairs, etc. 2 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD Original repair records are in the vehicle folder;
GC §34090 et seq.

Page 291 of 387 ends

Ver. 15.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS
(Parks Maintenance)
Page PW-4
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

Public
Works PW-021 Video Recordings / Video Tapes - Surveillance / Security / Facility Monitoring When No
Longer
Required

Tape
(Mag)
Does not pertain to City department
operations; GC §§34090.6, 34090.7
Public
Works PW-022 Work Release Workers (volunteer information) Inactive /
Separation
+ 3 years
Mag, Mfr,
OD, Ppr S / I
Yes:

After QC
& OD
Courts treat volunteers as employees;
EEOC/FLSA/ADEA (Age) requires 3 years for
promotion, demotion, transfer, selection, or
discharge; State Law requires 2 -3 years; 29
CFR 1602.31 & 1627.3(b)(1), 8 CCR
§3204(d)(1) et seq., GC §§12946, 12960,
34090; 29 USC 1113
Public
Works PW-023 Work Release Workers (schedules, activities, etc.) 3 years Mag, Mfr, OD, Ppr S / I Yes:

Providing
Service /
Work
PW-024
Work Orders / Work Requests - Partial, / no
information entered into the Work Order
Database (Department providing service
retains originals; department providing service
is considered a copy)
3 years Yes Mag, Mfr,
OD, Ppr S / I
Yes:

After QC
& OD
Work Orders are returned to requesting
departments; CCP §§338 et seq., 340 et seq.,
342, GC §34090
Public
Works PW-025 Work Request Database / Work History
Indefinite -
Minimum 5
years
Yes Mag, Mfr,
OD, Ppr S / I
Yes:

After QC
& OD
GC §34090 et seq.

Page 292 of 387 ends

Ver. 6.0 RECORDS RETENTION SCHEDULE: TOWN MANAGER
(Administration, Economic Development)
Page TM-1
Office of
Record
(OFR)
Retention
No. Records Description Total Retention Vital? Media Options Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for Town-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

TOWN MANAGER / ADMINISTRATION
Town
Manager TM-001 Projects / Issues (Issues / projects will vary over time - e.g. Hotels, etc.) Minimum 2
years
Yes:

While
Active
Issues
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD GC §34090
Town
Manager TM-002 Speeches
When No
Longer
Required
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Notes, drafts, or transitory records; GC §34090
et seq.

TOWN MANAGER / ECONOMIC DEVELOPMENT
Town
Manager TM-003 Potential Projects / Issues (Issues / projects will vary over time - e.g. Hotels, etc.) Minimum 2
years
Yes:

While
Active
Issues
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD GC §34090
TOWN OF YUCCA VALLEY, CA ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Approved: 6/4/2024 DRAFT

Page 293 of 387 ends

Item: 11.

Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Curtis Yakimow, Town Manager
Date: March 10, 2026
Meeting Date: March 17, 2026
Subject: Consideration of Joint Powers Agreement Participation in the San Bernardino Regional Housing Trust
Recommendation:

Adopt a Resolution approving membership in the Joint Powers Authority for the San Bernardino Regional Housing Trust and authorizing the Mayor and/or Town Manager to execute the Joint Exercise of Powers Agreement, subject to non-substantive clerical changes, and appoint the Mayor or a member of the Town Council to represent the Town as a board member of the newly formed Trust Board of Directors.

Prior Review:

California faces a significant housing supply and affordability crisis spurred by high land costs, rising construction costs, limited financing options, environmental restrictions, and other market constraints. These issues and challenges have manifested at the local level with compounding and interrelated impacts on housing supply, homelessness, and regional economic stability. Addressing these issues requires coordinated actions at the local, regional, and statewide levels.

One such regional action is the establishment of the San Bernardino Regional Housing Trust (SBRHT), which would raise and leverage funds to support affordable housing production, preservation, rehabilitation, and other housing-related activities across the San Bernardino region.

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 explore the feasibility of implementing a housing trust fund. At the direction of the Subcommittee, SBCOG released the San Bernardino Regional Housing Trust White Paper (White Paper) in January 2022, which outlines potential benefits, governance structures, and relevant case studies related to the formation of a housing trust fund.

Page 294 of 387 ends

The White Paper concludes that a regionally structured housing trust fund would benefit the region through shared governance, administrative efficiency, enhanced visibility to potential investors, developers, and the state, and economies of scale that localized efforts may not achieve on their own, particularly within smaller governmental entities such as the Town.

Following the release of the White Paper, SBCOG developed the SBRHT Strategic Plan, which assesses housing needs throughout the San Bernardino region and identifies potential funding sources, financing mechanisms, and programmatic activities that could be supported by the SBRHT. Throughout 2022 and 2023, SBCOG conducted extensive outreach, engaging local decision-making bodies, city and county managers, planning staff, elected officials, developers, legal counsel, and housing administrators.

Based on this research and outreach, it was recommended that a housing trust fund serving the San Bernardino region be structured as a Joint Powers Authority (JPA) comprised of local jurisdictions within the region. On April 5, 2023, the SBCOG Board of Directors authorized staff to begin the process of establishing the SBRHT, including the formation of a new JPA.

In December 2022, the Town Council authorized the submittal of a formal letter of interest in the establishment and participation in a regional housing trust structure (attached).

Discussion:

San Bernardino Regional Housing Trust 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 Yucca Valley 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, Yucca Valley would have a direct role in shaping these policies and priorities.

Joint Powers Authority 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 from several jurisdictions and subsequently met with the CCMTAC Housing Trust Ad Hoc Committee on February 5, 2026, and February 23, 2026, to discuss proposed revisions. The attached JPA Agreement reflects revisions based on comments received and discussions held.

Page 295 of 387 ends

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 officers, including a Chair and Vice Chair, and may establish advisory committees as needed. The Council is asked to identify the Mayor or desired Council representative to represent Yucca Valley on the SBRHT Board of Directors.

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.

Next Steps
Upon commencement of the JPA, the newly formed Board is expected to meet for the inaugural session in late spring of 2026. Completion of the Board with the required housing experts and formation of bylaws and board policies will allow the Trust to move forward with housing programs shortly thereafter.

Alternatives
Do not adopt the Resolution approving membership in the Joint Powers Authority (JPA) for the SBRHT and do not authorize execution of the Joint Exercise of Powers Agreement.

Fiscal Impact:

Fiscal/Legal Considerations
The SBRHT will be established as a separate legal entity under the Joint Exercise of Powers Act.

Its debts, liabilities, and obligations will not be those of the Town except as expressly provided in the JPA, and participation in the JPA does not alter the Town’s independent land use authority. Ongoing participation will require payment of an Administrative Fee established annually by the SBRHT Board; future amounts will be incorporated into the Town’s budget process. Currently, the annual cost to support the Trust is estimated to range between $30,000 - $50,000 annually, depending on the final number of participating cities.

Attachments

1. 03 17 2026_SBRHT JPA Resolution

2. 03 17 2026_DRAFT JPA Agreement

Page 296 of 387 ends

3. YV-Interest Letter SBCOG-RHT

4. SB_Housing_Trust_FAQ__4.1.2022

5. SB_Housing_Trust_White_Paper_April_2022

Page 297 of 387 ends

RESOLUTION NO. XX-26

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY

APPROVING AND AUTHORIZING THE EXECUTION OF A JOINT EXERCISE OF

POWERS AGREEMENT ESTABLISHING THE SAN BERNARDINO REGIONAL

HOUSING TRUST
WHEREAS, the State of California, pursuant to Government Code Section 6500 et seq. (the “Joint Exercise of Powers Act”), authorizes two or more public agencies to jointly exercise powers common to them through the creation of a joint powers authority; and WHEREAS, Government Code Section 6539.1 authorizes the creation of regional housing trusts pursuant to the Joint Exercise of Powers Act for the purpose of funding and supporting the development, preservation, and management of affordable housing; and WHEREAS, the County of San Bernardino and participating cities within San Bernardino County desire to form the San Bernardino Regional Housing Trust (“SBRHT”) through a Joint Exercise of Powers Agreement in order to coordinate regional housing resources, financing opportunities, and housing initiatives; and
WHEREAS, the purpose of the SBRHT is to facilitate the acquisition, construction, rehabilitation, financing, and preservation of affordable housing serving extremely low-, very low-, low-, and moderate-income households, including those experiencing homelessness; and WHEREAS, the Town Council recognizes that regional collaboration may increase access to state, federal, and private funding opportunities and allow for more effective coordination of housing programs throughout San Bernardino County; and
WHEREAS, the Joint Exercise of Powers Agreement establishing the San Bernardino Regional Housing Trust provides that land use authority, zoning authority, and development permitting authority remain exclusively with each participating member agency; and WHEREAS, participation in the San Bernardino Regional Housing Trust will allow the Town to collaborate with other jurisdictions while maintaining full control over local land use decisions; and
WHEREAS, the Joint Exercise of Powers Agreement establishing the San Bernardino Regional Housing Trust is attached hereto as Exhibit “A” and incorporated herein by this reference; and
WHEREAS, the Town Council finds that participation in the San Bernardino Regional Housing Trust is in the best interests of the Town and its residents.

Page 298 of 387 ends

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Approval of Agreement. The Town Council hereby approves the Joint Exercise of Powers Agreement establishing the San Bernardino Regional Housing Trust, attached hereto as Exhibit “A”.

SECTION 3. Authorization to Execute. The Town Manager is hereby authorized and directed to execute the Joint Exercise of Powers Agreement on behalf of the Town and to take such additional actions as necessary to implement the Town’s participation in the San Bernardino Regional Housing Trust.

SECTION 4. Appointment of Director. The Town Council hereby authorizes the appointment of the Town’s representative to the Board of Directors of the San Bernardino Regional Housing Trust in accordance with the terms of the Joint Exercise of Powers Agreement.

SECTION 5. Administrative Fees. The Town Council acknowledges that participation in the San Bernardino Regional Housing Trust may require payment of annual administrative contributions as determined by the SBRHT Board of Directors pursuant to the Agreement.

SECTION 6. Effective Date. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED, AND ADOPTED this 17 day of March, 2026.

__________________________________
MAYOR
ATTEST:
_____________________________________________

DEPUTY TOWN CLERK
APPROVED AS TO FORM:
_____________________________________________

TOWN ATTORNEY

Page 299 of 387 ends

Page 1 of 12 ends

Joint Exercise of Powers Agreement

SAN BERNARDINO REGIONAL HOUSING TRUST
THIS JOINT EXERCISE OF POWERS AGREEMENT (“Agreement”) is made this 17th day of March, 2026 (“Effective Date”) pursuant to Government Code § 6500 et seq., including but not limited to Government Code 6539.1, and other pertinent provisions of law, by and between San Bernardino County (the “County”) and those cities within San Bernardino County who become signatories to this Agreement (“Cities”), and relates to the joint exercise of powers among the signatories hereto, each of which is hereafter referred to as “Member Agency” and collectively referred to as “Member Agencies” or “Members”.

RECITALS
A. The Member Agencies have determined that a shortage of affordable housing exists as a result of various causes and wish to provide additional housing opportunities in a coordinated and comprehensive manner. The Member Agencies acknowledge that an adequate supply of housing will provide social and economic benefits to residents and taxpayers of each Member Agency.

B. Each Member Agency has the individual power to plan, acquire, manage, regulate, operate, finance and control the development, construction and operations of affordable housing programs, including housing serving the workforce, moderate- and lower-income households, and those experiencing homelessness, generated within its jurisdictional boundaries, as well as to create and issue development agreements for such activities. Nothing contained in this Agreement shall preclude any Member Agency from establishing, maintaining or providing programs or services to its respective residents as it deems proper or necessary.

C. The Member Agencies find it in their mutual economic interest to address housing needs of their residents on a regional level within the boundaries of San Bernardino County.

D. The Member Agencies desire to act in the public interest to lessen the burden on government by reducing the need for each Member Agency to act individually, and to provide charitable support for housing within their geographic boundaries.

E. California Government Code § 6500 et seq. (“Joint Exercise of Powers Act” or “Act”) permits two or more public agencies to create joint powers authorities for the purposes set forth herein, permits the agencies to exercise jointly any power that the public agencies could exercise separately, and further grants certain additional powers to such joint power authorities.

F. California Government Code § 6539.1 authorizes the creation of a regional housing trust pursuant to the Joint Exercise of Powers Act, subject to certain requirements regarding governing composition and annual financial and auditing requirements.

G. Local land-use decisions remain solely with each Member Agency. Nothing in this Agreement deprives any party of its sovereign powers with respect to land use nor transfers such powers to this joint powers authority.

Page 300 of 387 ends

Page 2 of 12 ends

NOW, THEREFORE BE IT RESOLVED that the Member Agencies do hereby establish the entity to be known as the San Bernardino Regional Housing Trust, or SBRHT, to generate and/or maintain housing, disburse funding, and take other actions that will result in permanent additions to the housing stock within SBRHT’s jurisdictional boundaries, and do hereby agree as follows:

1. Purpose.

1.1 The purpose of this Agreement is to establish a legal public entity separate from the Member Agencies that shall be responsible for the joint acquisition, management, operation, fundraising, planning, adoption, financing, administration, review, monitoring, and reporting of certain housing activities in the region for the benefit of those experiencing homelessness and extremely low-, very low-, low-, and moderate-income households, as defined in Section 50093 of the Health and Safety Code. By entering this joint powers authority Agreement, the Member Agencies seek to gain economic benefits not realized when operating individually. Further, the establishment of this joint powers authority provides for the economic viability and coordination of housing program financing and facilities throughout SBRHT’s jurisdictional boundaries.

1.2 SBRHT shall be an entity which is legally independent from the parties to this Agreement and shall be responsible for the administration of this Agreement.

1.3 The assets, rights, debts, liabilities, and obligations of SBRHT shall not constitute assets, rights, debts, liabilities, and obligations of any of the Member Agencies. However, nothing in this Agreement shall prevent any of the Member Agencies from separately contracting for, or assuming responsibility for, specific debts, liabilities, or obligations of SBRHT, provided that the SBRHT Board of Directors (“Board”) and the Member Agency approve, in writing signed by each party, such contract or assumption.

2. Powers.

2.1 General Powers. SBRHT shall have all the powers common to the Member Agencies of this agreement necessary or convenient, specified or implied, to accomplish the purpose of this Agreement as set forth in Section 1 above, subject to the restrictions set forth in Section 2.4. Said powers shall be exercised in the manner provided in the Joint Exercise of Powers Act, including without limitation all powers set forth in Government Code section 6539.1.

2.2 Specific Powers. Without limiting the generality of the powers conferred in subdivision 2.1 of Section 2, SBRHT is authorized to act on any or all of the following matters, as each Member Agency could act separately, and as it deems in the best interest of its Members, to the extent permitted by any and all applicable laws, codes, ordinances, resolutions, and regulations:
a. Facilitate and assist the Member Agencies and others in the housing sector to acquire, construct, rehabilitate, finance, refinance, operate, regulate, and maintain affordable housing programs, projects, and facilities, as determined by the Board. b. Coordinate and collaborate with Member Agencies on funding solicitations and other opportunities for the purposes set forth in this Agreement to minimize and avoid, where possible, competition and redundancy in the pursuit of funding.

Page 301 of 387 ends

Page 3 of 12 ends

c. Facilitate the planning, study, and recommendation of proper and appropriate SBRHT programs, activities, and management practices; including the research and study of issues related to housing.
d. Educate the public, Member Agencies, and other agencies and entities on SBRHT programs. e. Provide for or enter into agreements to provide for administrative, financial, construction, engineering, legal, audit, and any other professional services supporting any of the SBRHT programs or activities.
f. Solicit, apply for, accept, and receive grants, donations, advances, and contributions. g. Sue and be sued in its own name.
h. Incur and discharge debts, liabilities, and obligations which may include but shall not be limited to being in the form of secured bonds, revenue bonds, or other forms of secured or unsecured debt.
i. Issue bonds or notes and associated covenants, for designated purposes. j. Acquire or protect any necessary security or leasehold interests involved in loans, bonds, notes, or other financing methods implemented to carry out the purpose of this Agreement. k. Acquire, hold, lease, improve, construct, rehabilitate, maintain, pledge, assign, mortgage, operate, and dispose of real and personal property as may be necessary and appropriate in connection with the creation, construction, financing, development, and maintenance of certain workforce and affordable housing and the programmatic needs of SBRHT. l. Issue and receive loans.
m. Acquire such insurance protection as it deems necessary. n. Adopt resolutions and ordinances necessary to carry out the purpose of this Agreement. o. Establish advisory committees or subcommittees as necessary. p. Form wholly-owned and controlled affiliate entities to accomplish any of its purposes. q. Adopt bylaws and such other rules and procedures as may be deemed necessary. r. Convey real and/or personal property interests and/or funds. s. Any other acts necessary to carry out the above identified actions that each Member Agency is empowered to take individually.

2.3 SBRHT shall undertake, facilitate, and encourage the acquisition, creation, construction, development, and maintenance of affordable housing programs, projects, and facilities, as determined by the Board.

2.4 SBRHT shall implement programs, financing mechanisms, and funding criteria to support and advance affordable housing opportunities within the jurisdictional boundaries of the Member Agencies. These programs may include, but are not limited to, loan and grant programs, land

Page 302 of 387 ends

Page 4 of 12 ends

acquisition and disposition programs, and other initiatives designed to increase the supply, preservation, and quality of affordable housing.

2.5 SBRHT may establish criteria, policies, and guidelines governing eligibility, funding priorities, and program administration, provided such criteria are consistent with the purposes of this Agreement and applicable state and federal laws.

2.6 Equitable Member Agency Investment. The SBRHT Board shall establish criteria to allow for the equitable distribution of funds, and shall not exclude any Member Agency based on its rural, suburban, or urban character, as defined by the Board. Funding programs will not be set up as a means to impose zoning or land use changes within the boundaries of the member agencies.

2.7 Limitation on Powers. This Agreement does not authorize, and expressly prohibits, SBRHT to do any of the following:
a. Nothing in this Agreement shall be construed as transferring or delegating to SBRHT any land use, zoning, or development permitting power of the member agencies. Each member agency shall retain full and independent authority over land use decisions within its jurisdiction, including but not limited to general plan amendments, zoning classifications, entitlements, and project approvals. Any project or program funded or supported by SBRHT shall comply with the applicable general plans, zoning ordinances, and other land use regulations of the member agency within which the project is located, unless otherwise approved by the Member Agency. b. Regulate land use within the jurisdiction of any of the Member Agencies; c. Levy, or advocate or incentivize the levying of, any land use exaction, such as an impact fee, charge, dedication, reservation or tax assessment, as a condition of approving the funding for or approval of, a development project;
d. Require inclusionary zoning requirements;
e. Fund or otherwise approve an agreement for a housing project that is not permitted by the Member Agency within whose jurisdiction the project is proposed to be located; or f. Require any Member Agency to accept or provide any specific number of housing units as a prerequisite to joining or remaining a party to this Agreement. g. Impose additional development standards for grant funding beyond what is already conditioned by another entity.
h. In the event that the SBRHT has employees, the creation of any employee pension plan or any other retirement plan other than a plan created under the federal Internal Revenue Code sections 401(k), 403(b), 457(b), or Roth account plan.

3. Term and Termination

3.1 This Agreement shall be effective, and SBRHT shall come into existence, on the Effective Date, which shall be the date upon which this Agreement has been approved by three eligible Member Agencies.

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3.2 This Agreement shall continue until terminated or dissolved pursuant to Section 3.3 of this Agreement. However, in no event shall the Member Agencies terminate or dissolve SBRHT if its termination or dissolution would conflict with or violate the terms or conditions of any bonds, financial instruments, or related documentation by or on behalf of SBRHT, including, without limitation, indentures, resolutions, and letter of credit agreements.

3.3 This Agreement may be terminated by consent of a majority of the Member Agencies, and upon full and complete liquidation of all liabilities, including, but not limited to, any bonds, consistent with Section 3.2. Upon termination of this Agreement, any surplus money or assets in possession of SBRHT, after payment of all liabilities, shall be distributed to the then-existing Member Agencies in proportion to the contributions made by each.

4. Governance

4.1 Members. The Member Agencies of SBRHT shall be the parties to this agreement who have not withdrawn from SBRHT, and such other entities that may join SBRHT after execution of this Agreement. New Members may join based on the terms and conditions set forth in Section 11.

4.2 Affiliates. Entities that are eligible to be a party to this Agreement may join the SBRHT as an affiliate.

Entities that join as an affiliate are not eligible to have a member of their governing board serve on the Board of Directors, as described in Section 4.3, or receive funding for a project within their jurisdiction until such time, if ever, they become a Member of the SBRHT. An eligible entity may become an affiliate through written notice from the executive officer of the entity, but shall not be a party to this Agreement.

4.3 Board of Directors; Composition. SBRHT is governed and administered by a Board of Directors (“Board”) that shall exercise all powers and authority on behalf of SBRHT. The membership of the Board of SBRHT shall be in accordance with Government Code section 6539.1, and as it may be amended. As currently required at execution of this Agreement, the SBRHT Board shall consist of at least five (5) Directors, as follows:
a. At least three (3) Directors shall be locally elected officials from their respective Member Agency jurisdictions, and appointed by their respective Member, and b. Each Member Agency may appoint up to one (1) Director, and c. At least two (2) Directors shall be experts in homeless or housing policy that are not elected officials of any local agency. These Director positions shall be selected by a majority vote of the elected membership of the Board prescribed in Section 4.3(a) of this Agreement, and d. A majority of Directors must be locally elected officials from their respective Member Agency jurisdiction, and
e. Alternates for each Director position may be established by the Board of Directors, provided that such alternates meet the requirements established in this Agreement and under the bylaws adopted by the Board of Directors.

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4.4 Advisory Committees. The Board may establish one or more advisory committees to advise the Board, pursuant to the bylaws.

4.5 Director Terms. The Member Agencies shall select their respective Directors for the Board no later than the Effective Date, or the effective date of the respective Member Agency entering into this Agreement, as may be applicable. Each Director shall serve a term of two years, but may be reappointed for successive two-year terms in accordance with this Agreement. At least 15 days prior to the end of a Director’s term, the respective Member Agency must select a new Director or reselect the current Director for the new term of office. There is no limit on the number of terms a Director may serve. In the event of a vacancy on the Board in a Director position originally appointed by a Member Agency pursuant to this Agreement in Section 4.3(b), that Member Agency shall appoint a replacement in accordance with the criteria of Section 4.3(a) within 60 days of such vacancy who shall serve out the remainder of the term of the Director that has been replaced. In the event of a vacancy on the Board in a Director position appointed pursuant to this Agreement in Section 4.3(c), the SBRHT Board shall appoint a replacement in accordance with the criteria of Section 4.3(c) within 60 days of such vacancy who shall serve out the remainder of the term of the Director that has been replaced.

4.6 Officers. The Board of Directors shall elect a chairperson and a vice chairperson from among its Directors consistent with Section 8.6.

4.7 Compensation. Directors shall serve on the Board without compensation. Directors may be reimbursed for actual expenses that are approved in accordance with applicable provisions of this Agreement and SBRHT bylaws before the expenses are incurred.

5. Budgets and Financing.

5.1 The Fiscal Year of SBRHT shall, unless and until changed by the Board of Directors, commence on the 1st day of July of each year and shall end on the 30th day of June of the next succeeding year except that the initial Fiscal Year of SBRHT shall commence on the Effective Date of this Agreement and conclude on the next June 30th.

5.2 The Board shall annually adopt an operating budget for SBRHT setting forth anticipated expenses, financing sources and proposed service levels necessary to carry out the purposes of this Agreement. The payment of all SBRHT obligations is limited to the amount of appropriations allowed in SBRHT’s approved budget, except as it may be revised with the approval of a majority of the Board of Directors. The budget for SBRHT shall distinguish between administrative costs (i.e., the cost of operating SBRHT) and program costs (i.e., the financing of the programs funded or sponsored by SBRHT).

5.3 The particular Program and Program budget funded, sponsored, or operated by SBRHT, as well as the level of, and mechanisms for, the involvement of SBRHT and each Member Agency, in such Program and Program budget, shall be determined and approved by the Board. A Member Agency’s individual contribution, involvement, and role in any particular Program or the Program budget shall be as may be mutually agreed between the Member Agency and SBRHT. By way of example only, said contributions, involvement, or role may include cash contributions, provision of services or

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staffing, use or transfer of title to real or personal property, pledges, guarantees, or whatever other instruments or involvement the Member Agency and SBRHT may agree to. Contributions of all kinds to the Program budget from private persons or entities and not-for-profit entities, whether their interests are represented by any Directors, are encouraged, so long as they do not cause a violation of any applicable conflicts of interest statutes, rules, or regulations.

6. Financial Management.

6.1 Pursuant to Government Code sections 6505.5 and 6505.6, the Board shall appoint an officer of SBRHT to hold the offices of treasurer and auditor of SBRHT. This officer can be either the treasurer of a Member Agency to this Agreement or a certified public accountant. Such person or persons shall possess the powers of and shall perform the treasurer and auditor functions for SBRHT required by sections 6505, 6505.5 and 6505.6 of the Government Code, including any amendments thereto. Pursuant to Government Code section 6505.1, the auditor and treasurer shall have charge of certain property of SBRHT. The treasurer and auditor shall ensure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of SBRHT. The treasurer and auditor of SBRHT shall be required to file an official bond as required by Government Code section 6505.1 with the Board of Directors in an amount which shall be established by the Board.

Should the existing bond or bonds of any such officer be extended to cover the obligations provided herein, said bond shall be the official bond required herein. The premiums on any such bonds attributable to the coverage required herein shall be an appropriate expense of SBRHT.

6.2 SBRHT shall publish an Annual Financial Report that shall describe the funds received by SBRHT and the use of such funds by SBRHT. The Annual Financial Report shall describe how the funds received by SBRHT have furthered the purpose of SBRHT.

7. Additional Officers and Staffing.

7.1 It is understood that SBRHT will require the support of administrative staff. When deemed necessary, the Board may contract for officers and staff with a Member Agency, the San Bernardino Council of Governments, or other independent contractors, agents, or volunteers as the Board may deem necessary to carry out any of SBRHT’s powers, upon such terms and conditions as the Board may require, including the retaining of professional and technical assistance, provided that adequate funds are available in SBRHT’s budget and are appropriated by SBRHT therefore.

7.2 None of the officers, agents, or staff, if any, directly contracted by SBRHT shall be deemed, by reason of their roles or duties or contracted status, to be employed by any Member Agency.

7.3 The officer or staff may be delegated authority as deemed necessary or appropriate by the Board.

7.4 If SBRHT contracts with a Member Agency to provide SBRHT with administrative services through persons who are employees and/or officers of the Member Agency, then any retirement liabilities associated with that Member Agency’s employees and/or officers shall not constitute a liability of SBRHT or any other Member Agency. This shall not preclude a Member Agency providing administrative services to SBRHT pursuant to a contract with SBRHT from accounting for such salary

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and benefit costs when negotiating the rates that the Member will charge SBRHT for providing such services.

7.5 All privileges and immunities from liability, exemptions from laws, ordinances and rules, and benefits that apply to officers, agents, or employees of a Member Agency shall apply to the same extent when performing duties for SBRHT.

7.6 None of the officers, agents, or staff, if any, directly contracted by SBRHT shall be deemed, by reason of their roles or duties or contracted status, to be employed by any Member Agency.

8. Meetings.

8.1 The Board shall schedule at least two (2) regular meetings each Fiscal Year.

8.2 Special meetings of the Board may be called by the Chairperson of the Board and otherwise in accordance with provisions of California Government Code §54956 and any applicable SBRHT bylaws.

8.3 All meetings of the Board shall be held subject to the provisions of California Government Code §54950 et seq. (the “Brown Act”) and other applicable laws of the State of California.

8.4 A quorum is established if at least a majority of Directors are present at a meeting, except that less than a quorum may adjourn a meeting to another time and place. Unless otherwise provided in this Agreement or otherwise defined in the Bylaws, actions and decisions of the Board of Directors may be taken by a majority of the quorum present at any meeting. Each Director of a Member Agency shall have one vote and no weighted or proxy votes shall be permitted.

8.5 The Board of Directors shall cause minutes of all regular, adjourned regular, and special meetings to be kept as record of all meetings.

8.6 The Board of Directors shall elect a chairperson and a vice chairperson from among its Directors at the first meeting held in each calendar year. In the event that the chairperson or vice chairperson so elected ceases to be a Director, the resulting vacancy shall be filled at the next regular meeting of the Board of Directors held after such vacancy occurs or at a special meeting called for that purpose.

In the absence or inability of the chairperson to act, the vice chairperson shall act as chairperson.

The chairperson, or in the chairperson's absence, the vice chairperson, shall preside at and conduct all Board of Director meetings.

8.7 The Board of Directors may adopt, from time to time, by resolution, such rules, regulations and bylaws for the conduct of its meetings and affairs as the Board determines is necessary or convenient.

9. Bylaws.

9.1 The Board shall adopt bylaws for the conduct of its affairs, provided that they are consistent with this Agreement and are appropriate in order to carry out SBRHT’s purpose.

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9.2 The Board may, from time to time, amend its bylaws.

10. Fees.

10.1 Member Agencies shall make annual contributions (“Administrative Fee”) towards the budgeted administrative costs of SBRHT in accordance with a cost allocation as determined and approved annually by the Board of Directors. Payment shall be due within 30 days of receipt of an invoice from SBRHT.

11. New Members.

11.1 New Member Agencies may be added to SBRHT by a majority vote of the Directors present at the meeting. Membership is effective immediately upon execution of this Agreement by the new Member Agency.

12. Withdrawal.

12.1 It is fully anticipated that each Member Agency shall participate in SBRHT until the purposes set forth in this Agreement are accomplished. A Member Agency may withdraw from SBRHT upon its governing board’s adoption of a resolution stating its intent to withdraw from SBRHT. The withdrawal of any Member Agency shall be conditioned as follows:
a. The withdrawal shall be effective at the end of the SBRHT Fiscal Year which is at least 180 days after the receipt by SBRHT of a written notice of the Member Agency’s intent to withdraw, accompanied by a copy of the governing board resolution stating the intent to withdraw; and b. Unless otherwise provided by a unanimous vote of the SBRHT Board, withdrawal shall result in the forfeiture of that Member Agency’s rights and claims relating to distribution of property and funds upon termination of SBRHT. Withdrawn Members shall not be entitled to any reimbursement of Administrative Fees.

13. Amendments.

13.1 Except as provided in Sections 11 and 12, subject to all legal obligations of SBRHT, this Agreement may be amended by a writing executed by all of the Member Agencies of SBRHT.

14. Notices.

14.1 All notices to the Member Agencies shall be deemed to have been given to the Member Agencies (1) three days after mailing when mailed, postage prepaid by United States mail, return receipt requested, or (2) at the time of delivery when delivered personally or by courier service to the Member Agency’s City or County Clerk during usual business hours at the principal office.

14.2 All notices to SBRHT shall be sufficiently given if made in writing and delivered either personally or by registered or certified mail, postage prepaid, to the executive officer of SBRHT at the following address, or to such other address as may be designated to SBRHT for formal notice:
1170 W. Third Street

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2 nd Floor
San Bernardino, CA 92410

15. Assignments; Other Agreements.

15.1 This Agreement shall be binding upon and shall inure to the benefit of the successors of any Member Agency. No Member Agency may assign any right or obligation hereunder without the written consent of all other Member Agencies. Participation in SBRHT is not intended to preclude Member Agencies from entering into similar agreements with other jurisdictions.

16. Severability.

16.1 Should any part, term, portion or provision of this Agreement, or the application thereof to any person or circumstance, be held to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, it shall be deemed severable, and the remainder of this Agreement or the application thereof to other persons or circumstances shall continue to constitute the agreement the Member Agencies intended to enter into in the first instance.

17. Headings.

17.1 All section headings contained in this Agreement are for convenience and reference only. They are not intended to define or limit the scope of any provision of this Agreement.

18. Non-Liability for Obligations of SBRHT.

18.1 The debts, liabilities, and obligations of SBRHT shall not be considered the debts, liabilities, or obligations of any Member Agency or its respective officers, agents, employees, representatives, or volunteers.
a. Assignment. Each Member Agency shall assign to the SBRHT its rights, title, and interest to recover damages from any third party for Claims (as defined in section c below) arising out of this Agreement, to the extent that the SBRHT has met its obligations to defend and indemnify such Member Agency pursuant to this Section.
b. Survival. SBRHT’s duty to defend, indemnify, and hold harmless Member Agencies shall survive and continue in full force and effect after withdrawal of any Member from this Agreement, including as to the withdrawing Member Agency, or termination of this Agreement for any reason with respect to any Claims, as defined in 18.1.c., that occurred before the date of such withdrawal or termination.
c. Pursuant to the provisions of California Government Code Section 895 et seq., each Member Agency that is party to this Agreement shall be liable for its own negligent or wrongful acts or omissions and those of its officers, employees, and agents. d. Indemnification. The SBRHT shall defend, indemnify and hold harmless each Member Agency, its officers, agents, employees, representatives and volunteers (the “Indemnitees”) from and against any loss, injury, claim, lawsuit, liability, expense, or damages of any kind or nature

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(collectively, “Claims”) brought by a third party which arises out of or in connection with SBRHT’s acts and omissions related to its purposes set forth in this Agreement, including such third party claims arising out of or in connection with any Indemnitees acting within their authorized capacity as an officer, agent, employee, representative or volunteer of SBRHT. The SBRHT’s duty to defend and indemnify under this section shall not extend to Claims otherwise arising out of the Indemnitees’ own active negligence, omissions or willful misconduct, whether in whole or part.
e. Liability Financing. The SBRHT shall finance its obligation pursuant to this Subsection by establishing a liability reserve fund, and/or by purchasing commercial insurance, and/or by joining a joint powers insurance authority (JPIA) as determined by the Board. In the event SBRHT’s financial obligations to indemnify, defend, and hold harmless, pursuant to this Subsection, exceed the liability reserve fund and/or the proceeds from any applicable insurance and/or JPIA coverage maintained by the SBRHT (hereinafter “Unfunded Liability”), the Member Agencies may provide for contribution or indemnification by any or all of the Member Agencies that are parties to the agreement upon any liability arising out of the performance of the agreement, and/or a Member Agency or Member Agencies may meet and confer with SBRHT in good faith to negotiate alternative means or mechanisms by which SBRHT may fund such Unfunded Liability; however, in no event shall the event of an Unfunded Liability relieve, limit, or waive SBRHT’s obligations of indemnity or defense to each Member Agency as first set forth above in this Section. Nothing herein shall obligate any Member Agency to indemnify or hold harmless SBRHT for an Unfunded Liability or to make any contribution towards and Unfunded Liability. In no event shall any Unfunded Liability of the SBRHT be passed through to a Member Agency without the express, written, and voluntary approval of that Member Agency’s governing body via a separate instrument.

19. Governing Laws and Venues.

19.1 This Agreement is made in the State of California under the Constitution and laws of such State and shall be construed and enforced in accordance with the laws of California. The parties agree that any legal action, suit, or proceeding arising out of or relating to this Agreement shall be instituted and maintained exclusively in the state within the County of San Bernardino, California.

Each party irrevocably submits to the personal and subject matter jurisdiction of such courts and waives any objection to venue or forum non conveniens with respect to acutions brought in those courts.

20. Confirmation of Jurisdictional Authority.

20.1 By signing this Agreement, the Member Agencies retain all jurisdictional authority granted to them by the State and/or their respective Charters. The powers and/or authority granted to SBRHT pursuant to this Agreement shall in no way serve to limit or restrict an individual Member Agency’s jurisdictional authority.

IN WITNESS WHEREOF, the parties hereto by their duly authorized representative, have affixed their signatures on this Agreement, effective as of the date first stated above.

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MEMBER AGENCY: [ENTER MEMBER AGENCY NAME]
By: ___________________________
[INSERT Name of Authorized Signatory, Title]
Attest: ________________________
[INSERT Name of Witness (e.g. Clerk), Title]
MEMBER AGENCY:

By: ___________________________
[INSERT Name Authorized Signatory, Title]
Attest: ________________________
[INSERT Name of Witness (e.g. Clerk), Title]

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What is a housing trust fund?
A housing trust fund is a program or independent organization that raises funding to dedicate to housing construction, preservation, and rehabilitation, often concentrated on affordable housing, homeless housing services, down payment assistance, gap financing, supporting housing trusts, and related activities. The goals of a housing trust are to create affordable housing and/or homelessness solutions by leveraging new funding sources.

How are housing trusts funded?
Housing trusts receive financial support from a variety of sources. Some of the most common categories of funding include dedicated funding from local jurisdictions, State and federal grants, bonds, and private donations. Importantly, there are significant funding sources that are only accessible to housing trusts.

What are the benefits of an affordable housing trust fund? There are a variety of benefits of affordable housing trust funds. In general, they provide a variety of quality housing types and options for those who might otherwise struggle to afford it.

This includes support for lower and middle-income earners such as teachers, service workers, warehouse and logistics personnel, and other essential workers. Depending on how they are administered, benefits can also include: providing housing and supportive services for individuals and families experiencing homelessness; bringing outside money to the region, not otherwise accessible; and improving the quality of existing affordable housing to improve quality of life for residents and neighbors. Effective housing trusts achieve these outputs by leveraging new funding sources, rather than redirecting existing funding sources.

FREQUENTLY ASKED QUESTIONS
FAQ
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3 SAN BERNARDINO REGIONAL HOUSING TRUST | 1 Page 313 of 387 How would administration of a housing trust fund work?
To maximize stability and access to funding sources, the housing trust fund would most likely be structured as a hybrid nonprofit-Joint Powers Authority (JPA). The housing trust could potentially leverage the administrative support and executive leadership of SBCOG to achieve efficiencies and would have oversight from its governing board. The trust would establish a JPA with those that choose to participate. SBCOG could administer the trust and the costs to the agency would be offset by the housing trust fund’s resources.

What agency is the best fit to administer a housing trust fund in the region? SBCOG’s existing staffing infrastructure is skilled in all requisite administrative areas including executive leadership, financial accounting, and administration, making SBCOG an ideal candidate for housing trust fund administration. The agency consists of representatives from 24 cities and towns, and the San Bernardino County Board of Supervisors. SBCOG focuses on regional matters and has a track record of achieving meaningful results. SBCOG’s experience as a convening agency leaves them well-positioned to support the administration of a housing trust that works in close collaboration with other agencies to ensure that it complements existing efforts.

How does a housing trust fund enhance existing local and County affordable housing efforts?
A key differentiation is access to funding. Affordable housing trust funds are able to compete for additional funding local and county housing authorities are ineligible for. A primary function of the program will be to raise funds from new sources and operate programs that complement—and do not compete with—the work of existing agencies in the subregion. Furthermore, the flexibility and creativity granted to housing trusts using a nonprofit-JPA model increases program efficacy and opportunity while ensuring the trust is stable and resilient. Some of the key strategies that Housing Trusts can leverage include: Flexible sources of gap financing such as revolving loan funds; Ability to Compete for State funds such as the Local Housing Trust Program; Tailored solutions to address regional needs related to homelessness; ability to pool resources to help funds go further
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6 SAN BERNARDINO REGIONAL HOUSING TRUST | 2 Page 314 of 387 Are there other housing trust funds in California?
Yes. There are at least 48 affordable housing trusts in California, whose members include more than 60 local jurisdictions. Housing trusts in Southern California include the West Hollywood Affordable Housing Trust Fund, the Orange County Housing Finance Trust, the Skid Row Housing Trust, the Santa Monica Citywide Housing Trust Fund, the County of Ventura Housing Trust Fund, the newly formed San Gabriel Valley Regional Housing Trust, and others.

How would a city or county join a regional housing trust fund? A local government would take formal action to join the housing trust fund JPA by adopting a resolution at the local level. Following local approval, the administrating agency, potentially SBCOG, would approve their membership and certify that the jurisdiction has paid membership dues and is compliant with other membership requirements.

Are jurisdictions required to participate in the housing trust fund? No. Participation in the housing trust fund is optional. The trust will require a minimum threshold for membership. If jurisdictions decide to join after the initial opt-in period, they will pay an additional joining fee, equal to the administrative fee. If a jurisdiction does not participate in the trust, it would not be eligible to receive any funding or program services the trust offers.

Can a local government opt out of the housing trust after it joins? If so, how does that work?
Yes. A participating member jurisdiction would have the ability to opt out of the housing trust and could do so by adopting a new resolution rescinding membership at the local level. The jurisdiction would be required to provide written notice of exit six months prior to start of a new fiscal year. If there is an existing project in that city, it would become responsible for administrative fees to manage that project.
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SAN BERNARDINO REGIONAL HOUSING TRUST | 3 Page 315 of 387 What are the costs of participating in a regional housing trust fund? Based on research into successful programs across the state, SBCOG estimates that an affordable housing trust fund will require approximately $230,000 in annual contributions from participating jurisdictions for the first five to ten years of operation until the fund achieves financial independence.

Member dues will be based on a combination of factors, such as the jurisdiction’s population, jobs, and anticipated growth and may range from $1,500 to $50,000, depending on which factors are selected, how many jurisdictions choose to participate, and local characteristics.

What funding source would local jurisdictions use to pay for member dues? Jurisdictions can use any funding source to pay for member dues. One option is to use funding allocated through State grant programs. The funding source used for member dues is ultimately up to local discretion.

What would member dues be used for?
Membership dues would ensure ongoing revenues for trust operations and cover the administrative and staffing costs of establishing and growing the housing trust fund. These efforts would be primarily focused on fundraising and administering programs established to distribute monies to support housing in the subregion.

How will the housing trust ensure that affordable housing does not negatively impact home values or quality of life in the communities where it is constructed?
Just as poorly implemented developments can negatively impact communities, well-designed and well-managed affordable housing can have positive impacts on the surrounding community. SBCOG will work closely with experienced developers and agencies to make sure the program funding supports projects following best practices and planning for locally-appropriate housing solutions.

Well-designed and well-managed
affordable housing can have positive
impacts on the surrounding community.
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SAN BERNARDINO REGIONAL HOUSING TRUST | 4 Page 316 of 387 What kinds of programs and activities do
housing trust funds operate?
Operations of the housing trust is determined through the development of an Administrative Plan which would establish a board of directors responsible for managing housing trust fund activities and goals. These approved activities could include new construction of affordable housing, predevelopment activities for affordable housing, down payment assistance for first-time homebuyers, preservation or rehabilitation of existing affordable housing, support for community land trusts, and establishment of housing and supportive services for people experiencing homelessness.

Are nonprofit organizations eligible for funding from housing trust fund programs?
Typically, nonprofit organizations are eligible for funding from the housing trust. Depending on the program, funding would likely be made available on a competitive basis, prioritizing funding for applicants demonstrating an ability to make best use of the funds, meaning that they are used to support the housing needs of the greatest number of households and/or households with the highest needs.

How long will it take for the housing trust to generate community benefits? Housing trusts can serve as sustainable and reliable long-term solutions to housing issues. Based on existing housing trusts the regional housing trust is gleaning best practices from, the program is anticipated to achieve full stability in the first five to ten years of operation. However, depending on the availability of funding, stability may be achieved much sooner.

Are there restrictions to sources of funding?
Some State and local funding sources may have restrictions that require the funds to go towards affordable housing creation while limiting allowable administrative costs, requiring prevailing wage in development costs, or applying other conditions. These funding sources are often sizable so the trust would pursue them, but the program will also layer funding sources from unrestricted sources to cover program costs.

How will housing trust funds be allocated across the region? Through the development of the Administrative Plan, the housing trust bylaws can establish a methodology for reinvesting allocations across the region. Allocation methodologies generally look to leverage funds to their greatest potential without posing absolute geographic restrictions on housing trust fund expenditures.
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19 SAN BERNARDINO REGIONAL HOUSING TRUST | 5 Page 317 of 387 Why join a regional affordable housing trust fund instead of creating local funds?
Cities and counties can form their own housing trusts. However, most jurisdictions have limited staff, time, and funding to administer a housing trust fund. Similar to a regional approach to transportation, a regional housing fund will avoid unnecessary strain on the limited resources of local jurisdictions while leveraging the region’s collaborative strengths, relieving the pressure of local housing needs through a regional approach to housing. It is anticipated that a regional housing trust will secure more funding to invest in the region than the aggregate of any individually managed local programs.

What is the Administrative Plan?
The Administrative Plan, to be developed in consultation with participating member jurisdictions, will establish protocols for the trust fund, including determining the types of projects and programs it will fund, setting goals to guide the Trust’s activities, stipulating membership requirements for participating jurisdictions, establishing first preferences for reinvesting allocations within the jurisdiction or sub-area of origin without posing absolute geographic restrictions on housing trust fund expenditures, outlining SBCOG’s administrative responsibilities, and creating a Board of Directors.

How can I support the affordable housing trust fund?
We need strong support from local government, elected leaders, and the business community to launch and grow a successful program. Let SBCOG know if you would like to help us grow support for the program.

What is the difference between a housing trust fund and community land trust?
A housing trust fund is similar to a community land trust (CLT), though they serve complementary, rather than duplicative purposes. CLTs are typically structured as nonprofit organizations that work to preserve housing affordability and support lower income families’ ability to build wealth. A housing trust, by contrast, primarily serves to meet the gap funding needs of affordable housing. Housing trust activities can include support for CLTs through the acquisition and dedication of land or the production of housing.

Are all cities within the region eligible for Permanent Local Housing Allocation Funds?
No. County of San Bernardino PLHA allocation includes cities with populations smaller than 50,000 as well as unincorporated areas of San Bernardino County. It is the County’s responsibility to utilize those funds.
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24 SAN BERNARDINO REGIONAL HOUSING TRUST | 6 Page 318 of 387

R E G I O N A L H O U S I N G T R U S T

WHITE PAPER
PREPARED BY:

Draft April 2022

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SAN BERNARDINO REGIONAL HOUSING TRUST WHITE PAPER | 2
Executive Summary............................................................................................................................3 Introduction .........................................................................................................................................8 Background ..........................................................................................................................................9 Trust Fund Operating Structure ......................................................................................................14 Housing Trust Funding Sources and Operating Costs ...................................................................17 Housing Trust Projects and Programing ..........................................................................................21 Recommendations .............................................................................................................................26 Appendix A: Existing Housing Trust Profiles ....................................................................................40 Appendix B: Housing Trust Funding Sources ..................................................................................52

CONTENTS

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SAN BERNARDINO REGIONAL HOUSING TRUST WHITE PAPER | 3

EXECUTIVE SUMMARY

INTRODUCTION
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Housing trust funds, or housing trusts, offer a great opportunity to increase housing supply in San Bernardino County, southern California’s once affordable residential outpost now on the rise as an economic hub, but with shrinking housing opportunities. There are a variety of administrative structures for housing trusts, but the most impactful is the regional model. Given the limited capacity of local jurisdictions to devote resources to trust administration, and San Bernardino Council of Governments’ (SBCOG) well-established role in the region, SBCOG is both qualified to and capable of administering a regional housing trust that would address regional housing needs while minimizing duplication of resources across San Bernardino County. This Executive Summary provides an overview of housing trusts and recommendations for instituting a SBCOG-administered housing trust, which the full white paper discusses in more depth. In addition to expanding on the contents of this Summary, the White Paper includes an analysis of existing housing trusts (Appendix A), including several interviewed for this paper, which serves as the central foundation of the included recommendations.

FRAMING THE ISSUE
The entire state, including San Bernardino County, faces a significant housing supply and affordability crisis spurred by high land costs, rising construction costs, and limited financing options. While each of these factors has worsened over the last few decades, the most significant change may be the funding void created by lost redevelopment funds, which previously contributed between 30 and 60 percent of per-unit project costs to an affordable housing development.1 These community challenges have become regional issues with compounding, interrelated impacts on housing supply, homelessness, and economies at the local and regional scale.

In San Bernardino County, housing is a substantial expense, reflecting the largest single monthly expenditure for many individuals and families. Quality housing is not affordable for everyone, and those with lower incomes are most likely to live in unhealthy, overcrowded, or unsafe housing conditions.2 Housing supply has not kept pace with population growth throughout the region. Instead, growth is being accommodated through increases in persons per household, resulting in household overcrowding.3
1 Washburn, A., July 19, 2020, Personal Communication.
2 San Bernardino County, 2018, Community Indicators Report, http://www.sbcounty.gov/Uploads/CAO/Feature/Content/SB_2018_REPORT_-3. pdf 3 Department of Finance data (Table E-5) indicates that the average persons per household has increased in all jurisdictions in San Bernardino County from 2010 to 2021, including the unincorporated San Bernardino County. Furthermore, the increase in average persons per household is greater than the overall statewide increase.

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With a much higher demand (or need) for housing units than there is supply, both home and rental prices have increased to stymie the influx of interest. Significant portions of San Bernardino County pay more than 30 percent of their gross income towards housing payments, and higher housing costs put lower income households at risk of living in substandard housing or of experiencing homelessness. Without a concerted effort to expand the affordable housing supply, increasing numbers of households will become unable to afford housing in San Bernardino County as rents and housing prices continue to rise.

WHAT ARE HOUSING TRUSTS?
A housing trust fund is a program or independent organization that raises funding to dedicate to housing production, preservation, and related activities. A housing trust can provide a mechanism for local agencies to make ongoing investments in affordable housing using both direct revenues and leveraged matching funds available from State and federal sources, available exclusively for housing trust programs. Housing trusts have many benefits including, but not limited to, serving as a flexible source of gap financing for affordable housing, giving regions the ability to compete for otherwise restricted State funds, increasing homeownership opportunities with down-payment assistance for lower-income families, and supporting homeless assistance.

1. They receive ongoing revenues, rather than being dependent on annual appropriations from general funds or similar sources.

2. Funds are primarily designated to support affordable housing, rather than market rate housing or other community goals—State and federal matching funds, as well as most dedicated tax revenues or fees are exclusively available to support affordable housing.

3. They benefit from funding sources not restricted to housing activities, rather than relying exclusively on dedicated housing funds, and may benefit from the flexibility of offsetting public fund allocations with revenue captured from the private sector.

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HOUSING TRUST ADMINISTRATION, PROGRAMMING,

AND FUNDING SOURCES
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– The organizational structure, programming, and funding sources of a housing trust are all interrelated and co-dependent. For example, the organizational structure informs what kind of funding opportunities are available to the trust fund, the funding sources impact the programming types that can be supported by the trust, and the funding sources impact the stability of the organizational structure. This is primarily due to the restrictions imposed on funding sources available. Decisions regarding each component of the trust must be considered in relation to the effect on the other two components.

ADMINISTRATION OPTIONS AND RECOMMENDATIONS
Housing trusts are operated by a variety of organization types and models including individual jurisdictions, a consortium of multiple local agencies, and nonprofit organizations. Each organizational structure has benefits and drawbacks, which the full white paper discusses in more depth. In general, local city- and county-administered trusts benefit from more accessible public funding and institutional government knowledge, but they operate slowly and often lack adequate staff time and resources to devote to a housing trust. Nonprofit models benefit from greater autonomy and flexibility to diversify and leverage funding sources, but they are unable to tap into public funds and some government grants, such as the Permanent Local Housing Allocation funds, which only eligible cities and counties can apply for. Operating under either a public or nonprofit organizational structure, Joint Powers Authority (JPA)-administered housing trusts have risen in popularity in recent years due to their reliable government support, ability to pool resources, and greater flexibility to pursue and leverage funds. Trusts administered by a JPA can operate as a quasi-local governmental organization (holding equal power with other jurisdictions participating in the JPA) or as a nonprofit.

While obtaining seed funding to initiate a trust can be more difficult for nonprofits, they tend to glean funds from outside resources for affordable housing more effectively in the long term.

When paired in a hybrid nonprofit/JPA organizational structure, housing trusts have the flexibility and autonomy of a nonprofit with the financial support and government backing of participating cities and counties. Furthermore, utilizing a JPA fosters multi-jurisdictional cooperation, which unites local jurisdictions to address regional issues such as housing, and amasses resources to reduce cost and duplication of efforts. All California-based housing trusts interviewed view JPAadministered trusts favorably. It is recommended that a SBCOG-administered housing trust be

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organized as a nonprofit/JPA hybrid to maximize stability and access to funding opportunities.

FUNDING SOURCES AND RECOMMENDATIONS
There are a variety of revenue streams for housing trusts administered by the State and federal government, local governments, and private sources. Funds available from public entities, especially at the State and federal level, are often stringent, exacting specific requirements in order for housing trust programs to qualify. Private sources, although more difficult to obtain initially, more often provide funding with fewer restrictions or requirements. Appendix B provides an analysis of a variety of public and private sources of revenue ranging from the State-administered Permanent Local Housing Allocation (PLHA) funds to commercial linkage fees to private donations.

A SBCOG-administered trust should consider a variety of revenue sources. The following initial list of sources, both one-time and ongoing, have been preliminarily identified as appropriate for SBCOG to pursue seed funding and establish program stability in the first five to ten years of operation:
• State Permanent Local Housing Allocation (PLHA) program grant funds from participating member jurisdictions
• State-matching Local Housing Trust Fund grant funds
• National Housing Trust Fund grant funds
• Transient Occupancy Tax revenue from participating member jurisdictions • Inclusionary zoning in-lieu fee revenue from participating member jurisdictions • Community Benefit Agreement revenue
• Discretionary local revenue from participating member jurisdictions

PROGRAMING OPTIONS AND RECOMMENDATIONS
A housing trust fund must specify in its bylaws what types of projects, programs, and activities the trust will fund. Activities could include, but are not limited to, new construction of affordable housing, predevelopment activities for affordable housing development, down payment assistance for developers or first-time homebuyers, preservation or rehabilitation of existing affordable housing, land acquisition for development of affordable housing, and establishment of housing for those experiencing homelessness. Housing trusts funnel revenue into defined programs that carry out these intended activities and greater goals. The most common program for housing trusts in California is a revolving loan fund.

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EXECUTIVE SUMMARY
Some housing trust activities are more effective tools for creating affordable housing than others, depending on the resources available and local context. This report recommends that a SBCOGadministered housing trust initially prioritize short-term, low-interest loans in a revolving loan fund to maximize affordable housing development, and then expand over time to longer-term loans, Community Reinvestment Act (CRA) loans, and Community Impact Notes (CINs) as the housing trust grows in size and stability.

IMPLEMENTATION
It is recommended that the SBCOG-administered trust take the following steps to establish a housing trust over the course of one to two years. The final step listed below will likely take two to three years to implement before the housing trust will have stability and funding for programming and standard operation.

1. Trust structure. Identify interested and eligible jurisdictions for participation; determine JPA structuring SBCOG depending on whether or not the trust achieves participation of SBCOG full membership and participant jurisdictions’ interests.

2. Housing issues. Identify housing needs and priorities in the SBCOG region; establish and implement a campaign to foster public support of the housing trust.

3. Official trust formation. Enact intent to establish trust within SBCOG; develop Administrative Plan for housing trust operation; adopt new JPA or amend existing SBCOG JPA for housing trust administration; adopt resolutions to join at the jurisdiction level; form the nonprofit component of the housing trust.

4. Activity start-up. Pursue revenue; transition to ongoing implementation.

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INTRODUCTION
This paper provides an introduction to housing trust funds, or housing trusts, examining trust fund organizational models, operation and administration logistics, and funding sources.

This information is examined through the lens of the (SBCOG) to understand the feasibility of establishing a SBCOG-administered housing trust fund and how such a fund should be established to best support housing production throughout San Bernardino County. The analysis culminates with recommendations for administration and operation, revenue sources, and implementation next steps.

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BACKGROUND

HOUSING TRUST FUND INTRODUCTION
––––––––––––––––––––––––––––––––––––––––––––––––––––––– A housing trust fund is a program or independent organization that raises funding to dedicate to housing production, preservation, and related activities, such as grant funding for construction or rehabilitation, infrastructure, land acquisition, or impact fees; low-interest construction, acquisition, or gap financing loans; and grants or loans that implement home weatherization programs, incentivize the production of affordable accessory dwelling units, support transitional or emergency housing and shelters, or preserve existing multifamily housing.

A housing trust can provide a mechanism for local agencies to make ongoing investments in affordable housing using both direct revenues and leveraged matching funds available from State and federal sources, available exclusively for housing trust programs.

A housing trust fund as a nonprofit model has similarities to a community land trust (CLT), though they serve complementary, rather than duplicative purposes. CLTs are typically structured as nonprofit organizations and can serve a variety of purposes, though they are most commonly used to preserve housing affordability and support lower-income families’ ability to build wealth.

As the name suggests, the CLT model is based on land acquisition and ownership, recognizing that it is the value of land, not the residential structure, that increases over time. As explained by the organization Community-Wealth.org, a CLT “acquires land and maintains ownership of it permanently. With prospective homeowners, it enters into a long-term, renewable lease instead of a traditional sale. When the homeowner sells, the family earns only a portion of the increased property value. The remainder is kept by the trust, preserving the affordability for future low- to moderate-income families.”4 Locally, the newly formed Inland Empire Community Land Trust works to support the affordability of both for-sale and rental housing.5 As noted above and described in more detail in the following sections, a housing trust, by contrast, primarily serves to meet the gap funding needs of affordable housing. A housing trust fund could theoretically work collaboratively with a CLT to provide gap funding to assist in the acquisition of the land and production affordable housing.
4 Community-Wealth.org, 2020. https://community-wealth.org/strategies/panel/clts/index.html 5 Inland Empire Community Land Trust, 2020. https://www.ieclt.org/about

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BENEFITS OF HOUSING TRUSTS
–––––––––––––––––––––––––––––––––––––––––––––––––––––
Housing trusts offer general benefits to communities by providing safe affordable homes for all income levels, including extremely low- or no-income households. They ensure long-term investment in affordable housing; address homelessness, gentrification, and displacement; and advance transit-oriented development and access to upward mobility. The following benefits are particularly applicable in the context of the SBCOG region:
• Flexible source of gap financing. A revolving loan fund, as a function of a housing trust, provides access to a flexible source of capital that can be used in combination with traditional sources of revenue to fund affordable housing development. Gap funds provided through a revolving loan fund serve as a bridge between the amount a borrower can obtain to finance housing development in the private sector and the remaining dollars needed to initiate construction.
• Ability to compete for State funds. The State makes funds available to housing trusts in California annually with specific requirements for eligible applicants. Operation of a housing trust would expand the region’s access to State housing funds to include revenue streams otherwise unavailable, such as Local Housing Trust Fund (LHTF) funds. • Homelessness assistance. Housing trust funds are flexible resources for homelessness assistance, allowing and fostering distinct programs targeted to one or more aspects of homelessness. Housing trust funds can devote portions of their revenue to augment existing emergency and transitional homeless programs, assist supportive service organizations, or create new homeless housing or support services. Homelessness is often a product of housing shortages when extremely low-income households are forced out of the housing market when the demand for housing exceeds the supply, driving up housing prices and the cost of rents. Housing trust funds can help to expand the housing market with both affordable housing for people at risk of experiencing homelessness, and market rate housing to lessen the housing shortage and housing price inflation rates.

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BACKGROUND

HISTORY OF HOUSING TRUSTS IN US AND CALIFORNIA
––––––––––––––––––––––––––––––––––––––––––––––––––––––– The first housing trust funds in the United States were implemented in Maryland and California during the 1970’s. They proved to be effective models for permanent affordable housing revenue streams, and the concept soon spread to other states. Virtually every state in the U.S. now has local and /or State housing trust funds. A few states have created more than one State housing trust fund, including Connecticut, Illinois, Massachusetts, Nebraska, Oregon, and Washington. The Federal Government established the National Housing Trust Fund (NHTF), administered by the U.S. Department of Housing and Urban Development (HUD), in 2008 and began implementing the program in 2016, distributing $174 million through funding solicitations, generally administered by states. In 2016 approximately $10.1 million of NHTF funds were allocated to California. Within the state, NHTF funding is further distributed by the California Department of Housing and Community Development (HCD).

Housing trusts in California have become increasingly popular in recent years as local and regional jurisdictions across the state seek solutions to the statewide housing crisis. California has passed legislation encouraging and/or enabling local jurisdictions to dedicate public funds to affordable housing. However, California is one of four states that have created housing trust funds legislatively but do not currently have public revenues committed to the funds. As of 2016, 45 local and regional housing trusts in California generally share the following three conditions:
• They receive ongoing revenues, rather than being dependent on annual appropriations from general funds or similar sources.
• Funds are primarily designated to support affordable housing, rather than market rate housing or other community goals—State and federal matching funds, as well as most dedicated tax revenues or fees are exclusively available to support affordable housing. • They benefit from funding sources not restricted to housing activities, such as those that could otherwise be devoted to other community goals (e.g. environmental conservation, economic development, or transportation), rather than relying exclusively on dedicated housing funds, and may benefit from the flexibility of offsetting public fund allocations with revenue captured from the private sector.

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HOUSING TRUST APPLICABILITY TO SBCOG
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– The entire state, including San Bernardino County, faces a significant housing supply and affordability crisis spurred by high land costs, rising construction costs, and limited financing options. While each of these factors has worsened over the last few decades, the most significant change may be the funding void created by lost redevelopment funds, which previously contributed between 30 and 60 percent of per-unit project costs to an affordable housing development.6 Major housing challenges in the SBCOG region include:
• Housing supply shortage: The housing supply has not kept up with population growth.

Between 2014 and 2021, 24,202 new housing units were constructed while the population grew by 80,958, indicating that population growth is being accommodated through increases in persons per household.7 Older generations are living and staying healthier longer and therefore are choosing to stay in their homes. Paired with increasing demands from the Millennial generation seeking housing, homes are in higher demand than they have ever been before.
• High housing prices: With a much smaller housing supply than the market demands, both home and rental prices have increased to stymie the influx of interest. Significant portions of San Bernardino County pay more than 30 percent of their gross income towards housing payments. Up to 60 percent of homeowners and up to 80 percent of renters in some communities overpay for housing, meaning they spend more than 30 percent of their income housing, making it far more difficult for renters to save for a down payment on a home.8 • Low rate of new affordable housing construction: At the end of 2020, San Bernardino County jurisdictions had constructed approximately five percent of very low-income units and 16 percent of low-income units allocated in the 5th RHNA cycle.9 Depending on the type of housing (e.g. senior, family, or veteran), affordable housing developments in the region typically require between 10 and 20 percent of funding to come from local sources. Despite growing need, a lack a funding sources has inhibited the development of much needed affordable housing in San Bernardino County.
6 Washburn, A., July 19, 2020, Personal Communication.
7 Department of Finance data (Table E-5) indicates that the average persons per household has increased in all jurisdictions in San Bernardino County from 2010 to 2020. Furthermore, the increase in average persons per household is greater than the overall statewide increase.
8 CA Department of Housing and Community Development, AFFH Data and Mapping Resources, https://affh-data-resources-cahcd.hub.arcgis.com/, accessed on October 14, 2021 9 CA Department of Housing and Community Development, 5th Cycle Annual Progress Report Permit Summary, https://hcd. ca.gov/community-development/annual-progress-reports.shtml, accessed on October 13, 2021.

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BACKGROUND
A housing trust offers a creative solution to begin to address the funding limitations that stifle the development of affordable housing in the SBCOG region and leverages SBCOG’s unique strengths as a convener adept at facilitating collaboration.

In response to recent changes to housing-related legislation, SBCOG has been working closely with its member jurisdictions to provide increased support as it relates to General Plan Housing Elements and their implementation. In 2021, SBCOG’s member jurisdictions formed a housing subcommittee to explore regional solutions to providing housing. SBCOG provides a supportive platform for the region through their strong regional voice that can garner political support and access to available resources that cities and counties do not have. SBCOG is in the early stages of developing a regional equity study and a regional housing strategy.

SBCOG is organized as a Joint Powers Authority (JPA), that represents local governments to provide cooperative planning, coordination, and technical support on issues not constrained by political boundaries. As the regional population continues to grow, community challenges become regional challenges that have compounding, interrelated impacts. SBCOG focuses on regional matters important to future growth, including housing, with duties that complement rather than duplicate jurisdictional activities.

Due to its role as a regional council, SBCOG is advisory in nature and lacks traditional government powers of taxation, regulation, or decision implementation. SBCOG currently works through its committee structure and amassed resources to reduce duplication of efforts, which could include establishment of a regional housing trust fund. SBCOG’s reliance upon member jurisdictions to follow through on decisions would require that member jurisdictions take individual action to participate in a regional housing trust administered by SBCOG.

SBCOG’s JPA explicitly permits the agency to apply for grants under federal, State, or local programs, which could include application for grants in representation of the housing trust. To establish a housing trust fund, SBCOG would modify its joint powers agreement to explicitly permit administration of the trust, with specified limitations for participating cities and the county within San Bernardino County. Other requirements, including funding prerequisites, and SBCOG-specific recommendations are discussed in the following sections.

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T R U S T F U N D

OPERATING STRUCTURE

ORGANIZATIONAL STRUCTURE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Housing trusts are operated by a variety of organization types and models including individual jurisdictions, a consortium of multiple local agencies, and nonprofit organizations. These organizations often apply for grant funding to augment funds or to provide start-up resources.

Some of the largest and most viable revenue sources in California have relatively strict eligibility requirements, typically restricting funding availability to cities, counties, or tribal governments and/or 501(c)(3) nonprofit organizations. Organizational models with the ability to attract the primary funding sources appropriate for a governmental agency, such as SBCOG or its member jurisdictions, to operate are examined below.

LOCAL CITIES AND COUNTIES
Local cities applying for funding would be considered a Local Housing Trust, whereas a county or consortium of multiple cities would be considered a Regional Housing Trust. Local cities and counties are eligible for State and federal funding that may not be accessible to other types of agencies or organizations. Cities and counties have the benefit of established networks to initiate conversations regarding housing needs. Additionally, elected officials often trust city staff as the in-house experts on planning and housing-related issues. An established relationship of trust may spur initial support for a housing trust from elected decision makers, helping to get the trust off the ground. However, the amount of staff, time, and funding needed to administer a housing trust can raise challenges for some local cities.

LOCAL JURISDICTION—JPA VARIATION
Local cities and counties can also enter into a joint power agreement to cooperatively provide funding for affordable housing in a greater region. Housing trusts operating as a Joint Powers Authority (JPA) receive reliable government support, often through membership requirements and dues established in the JPA’s bylaws, and benefit from coordination among jurisdictions. JPA’s have many of the same powers as the JPA’s member jurisdictions, though they do not have the authority of eminent domain or the ability to issue bonds without a credit rating. SBCOG could operate as an equal member under this agreement, and SBCOG’s current experience operating as a JPA would translate smoothly into administration of a housing trust with this JPA variation.

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NONPROFIT
Nonprofit organizations may have greater difficulties obtaining seed funding to initiate a housing trust fund due to fewer available federal or State grants with applicant restrictions and no prior resume of affordable housing development upon initiation. However, nonprofits have greater autonomy to pursue private industry money, bank investments, and collaborations with multiple local and regional jurisdictions, effectively diversifying and creatively leveraging funding sources to increase community dollars funneled to affordable housing. Nonprofits have the flexibility to serve as a financial intermediary and can be approved to operate as a Community Development Financial Institution (CDFI), enabling them to issue CINs and further diversify their sources of revenue. In addition, employing a combination of sources to fund the housing trust diversifies income sources, ensuring the trust is fiscally stable in the long-term. As they grow and become more successful over time, nonprofit housing trust models tend to more effectively bring in larger donations from outside resources and leverage those funds more effectively towards affordable housing development.

NONPROFIT—JPA VARIATION
Nonprofit housing trusts have the flexibility to form a JPA. As discussed in a previous section, a housing trust acting as a JPA is largely given the same powers as the JPA’s member jurisdictions.

San Mateo’s Housing Endowment and Regional Trust (HEART) is structured as a JPA/nonprofit partner housing trust, in which HEART holds equal power as the County and cities in the trust.

Under their JPA agreement, cities and the County are required to contribute a portion of their general fund appropriations to HEART annually. The portion is based on the jurisdiction’s population, the number of jobs in the jurisdiction, and the projected rate of growth.

A JPA cannot act as a CDFI, thereby constraining its ability to capture revenue through CINs. JPA/ nonprofit housing trusts have the option of forming a subsidiary to be eligible as a CDFI. Operation as a JPA/nonprofit, rather than a consortium of local jurisdictions/JPA, further increases the housing trust’s flexibility to pursue and creatively source new funds. San Mateo’s HEART is one of the few JPA/nonprofit partner housing trusts in the West, but their model has successfully received funds from a diverse array of sources.

TRUST FUND OPERATING STRUCTURE

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TRUST FUND OPERATING STRUCTURE

ORGANIZATIONAL OVERSIGHT
–––––––––––––––––––––––––––––––––––––––––––––––––––––––– When operating outside of an individual city’s or county’s purview, housing trust funds have an advisory body, or board of directors. This board can provide the housing trust fund with a broad range of expertise and provide a way to maintain a connection w¬ith the communities served and their needs. Virtually all boards of directors have some responsibility for developing or advising on the policies that govern the fund. In some cases, the board helps recommend applicants for funding.

The board of directors can also help buffer the housing trust fund process from politics when controversial decisions – such as constructing new high-density multifamily projects in established lower-density neighborhoods – are made. Representation on the board of directors can range from interagency coordinating bodies, with staff from different agencies, to a broad membership of housing advocates, low-income individuals, service providers, bankers, realtors, apartment owners, developers, and others. Not all participating jurisdictions need representation on the board either. In the VCHT, for example, only five seats of the 12 participating jurisdictions are reserved for government representation. Regardless of affiliation, members in the board of directors should all have experience with low-income housing or homelessness. The executive director of the trust should also sit on the board.

While the voices that comprise the board of directors should be varied and diverse, they should be condensed into a relatively small group to ensure efficient communication and collaboration.

Boards are best kept relatively small to allow representation without compromising the operational efficiency of oversight. Decisions should be made by majority vote, not unanimous consensus.

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H O U S I N G T R U S T F U N D I N G S O U R C E S

AND OPERATING COSTS

FUNDING SOURCES
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Some of the most common forms of revenue sources for housing trusts in California include dedicated fees (such as commercial linkage fees or housing impact fees) implemented by jurisdictions to support the development of housing, redevelopment tax increment set-aside funds, discretionary local revenues, grant and charitable contribution funds, loan repayments and commercial development loans, and State-funded local housing trust funds. Common housing trust fund revenue source types and examples of each are listed below:
• State and federal grants, such as the California Permanent Local Housing Allocation and National Housing Trust Fund Program
• Bonds, such as general obligation and revenue bonds
• Tax increment funds and taxes, such as real estate tax increments, real estate transfer taxes, and transient occupancy taxes
• Fees, such as development impact, commercial linkage, document recording, business license, and inclusionary zoning in-lieu fees
• Revolving loan funds, which are revenue replenishing programs housing trusts can administer
• Private sources, such as donations and community benefit agreements Trusts should have diversified revenue sources that include dedicated funds, such as inclusionary housing program fees or a portion of a transient occupancy tax (TOT), so that the trust does not have to compete with other priorities during annual budget reviews of local governments or charitable organizations, allowing the trust to plan for long-term housing investments and minimize funding uncertainty. Appendix B includes a description and additional information on a variety of housing trust funding mechanisms.

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HOUSING TRUST FUND OPERATING COSTS
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

TRUST ESTABLISHMENT COSTS
Many successful housing trust administrators report that the majority of housing trust start-up investments funded administrative costs. The County of Ventura Housing Trust Fund (CVHTF), for example, reported that approximately 90 percent of funds were allocated to administrative costs in its first few years of operation, prior to rolling out any programming. This is because housing trust start-ups often require significant personnel time to set up collection systems; layer seed funding; and solicit public, nonprofit, and private agencies for seed funding. Over time, CVHTF’s administrative costs have decreased overall and revenues have increased. In 2019, administrative costs accounted for 77 percent of CVHTF’s expenses, or 51 percent of all annual income received.

Start-up time frames for other housing trusts are discussed in Appendix A.

For San Mateo’s HEART, the County of San Mateo provided seed grant money from its General Fund. During the first few years of operation, over 85 percent of funds were allocated to administrative costs, primarily for general trust management and set-up. Most of the grant funding and private contributions in the subsequent few years went towards start-up costs. In 2015, the Chico-based North Valley Housing Trust (NVHT) received a three-year commitment of $40,000 per year as start-up funds from the City of Chico. In 2020, NVHT was able to leverage local contributions with matching funds from locally-contributed PLHA funds, State matching funds, and several grants to initiate NVHT’s revolving loan fund. NVHT no longer receives funds from the City of Chico and all matching fund sources since their start-up have changed. This evolution of funding sources is common for housing trusts given ongoing changes to eligibility requirements and depletion of available grants.

ONGOING ADMINISTRATIVE COSTS
The organization authorized to administer a housing trust fund on behalf of a local jurisdiction must be clearly designated in an ordinance or resolution and identified in the trust’s administrative guidelines. Administration includes holding, investing, and managing the fund account, with administrative costs typically covered by a percentage of the fees collected for the fund itself. Most regional and local jurisdictions cap administrative costs at 10 percent of the fund to maximize the creation of housing. Other external sources of administrative funding could include other public agency programs, interest earned by the fund, or fees charged for applications or other services provided by the trust fund.

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A 2011 study performed by the Washington State Department of Commerce, titled the “Affordable Housing Cost Study,” found that developing housing trust fund-expertise with in-house staff, as opposed to contracting with various outside parties for different housing trust activities, allows for more informed analysis of proposed and ongoing housing activities. Experienced staff insights into potential risks and opportunities that could alter costs incurred from trust fund activities help reduce uncertainty and minimize unnecessary expenditures. Consolidating resources to employ in-house trust fund staff effectively minimizes administration and project-level costs. For a SBCOG administered housing trust, participating member jurisdictions would authorize management of their dedicated revenue sources to SBCOG.

EXISTING HOUSING TRUST ADMINISTRATIVE STAFFING MODELS
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– With 1.5 full-time staff members, Ventura County’s CVHTF provides a good model for a relatively small trust. Since receipt of seed funding in 2006, CVHTF took about seven years to raise enough funding through the 2008 Housing Recession to initiate a revolving loan fund in 2013. As of 2019, operating/personnel costs account for 77 percent of their yearly expenses of approximately $298,000. The remaining expenses cover costs of loan servicing, developing a new housing land trust, fundraising efforts, and overseeing the loan program.

In comparison, the Chico-based NVHT was founded in 2015 and has only one employee working

0.75 time. This trust is relatively small due to its rural location in Butte County where there are very few large corporations, limiting access to the types of corporate donations that are more readily available in cities and economic hubs. NVHT is currently only making its second loan, with about $40,000 in annual administrative costs comprising 8 percent of the organization’s annual operating budget of $500,000. The funds used for housing programs are separate from the operating budget and are expected to reach $2 million through grants and State matching funds this year. These funds are separated because some grants and donations restrict eligible activities.

San Mateo’s HEART has two full-time staff and an annual operating budget of about $500,000.

HEART has avoided increasing staff to keep operating costs low and preserve the low interest rates of its loans, keeping them competitive. Loan underwriting and bookkeeping are both performed several times per year by consultants because HEART has found that intermittent contracting, rather than hiring more in-house staff, has reduced operating costs. HEART also partners with the County to receive legal services and occasional help with underwriting.

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HOUSING TRUST FUNDING SOURCES AND OPERATING COSTS

ADMINISTRATIVE COST MINIMIZATION STRATEGIES
Compared to local trusts, regional housing trusts are better able to minimize costs by capturing economies of scale through consolidated administrative and operations expenses. SBCOG has extensive practice in fostering cost savings through collaborative planning. Existing housing trust fund administrators interviewed for this paper recommended such consolidation to minimize resource expenditure, capitalize on shared information, and better leverage funds for housing throughout the region. In addition, existing trust administrators cite the benefits of relieving local governments of the administration and management of some affordable housing work, which has been difficult to manage internally since the dissolution of redevelopment agencies in 2012.

Other housing trusts reduce costs by sharing office space with other agencies or operating within larger agencies to minimize overhead. Existing trusts also reported retaining services, such as bookkeeping and website creation, at low or no cost through partnerships with participating local jurisdictions or regional public agencies. Small nonprofits recommend forgoing annual fundraising events, which are common sources of revenue for more established trusts, due to the large energy and time demands. These trusts reported that directly asking potential donors for money without hosting an event has been an effective alternative fund raiser without the added cost.

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Housing trust activities are those implementation actions which the trust fulfills through the expenditure of funds. Housing trust programs are those steps that carry out the overarching goals of a housing trust to assist in the implementation of activities. Programs of a housing trust often act as an investment strategy, creating additional funding streams for the implementation of housing trust activities.

HOUSING TRUST ACTIVITY TYPES
A housing trust fund must specify what types of projects and programs (which may be restricted by funding sources) will be funded by the trust in its Administrative Plan. The following types of activities are common among housing trusts and could be appropriate in the SBCOG region.

Specific housing trust programs to fulfill these activities are discussed in the following section. • New construction of affordable housing. Housing trusts may provide funding for the development of affordable housing, including affordable housing for households with disabled and/ or elderly members, restricted to long-term or indefinite affordability terms.

This is often administered through a revolving loan fund, discussed in the Housing Trust Programs section below.
• Preservation or rehabilitation of existing affordable housing. Housing trust funds can support the preservation or rehabilitation of existing multi-family housing and singlefamily housing, which is often a lower-cost alternative to new construction. Preservation and rehabilitation of existing affordable housing units reduces displacement of low-income residents, thereby preserving existing low-income neighborhoods. • Land acquisition for development of affordable housing. Housing trusts can also provide financing for the acquisition of available, buildable land. High land prices can be a significant barrier to housing development in California and relieving affordable housing developers of this steep cost burden can help bridge this crucial gap. • Establishment of transitional, supportive, or permanent homeless housing. Funds from housing trusts can be used for the development and ongoing operation of transitional, supportive, and permanent housing and accompanying supportive services for individuals experiencing homelessness both acutely and chronically. Housing trusts may offer funds to build the capacity of local nonprofits to help maintain or grow their in-house supportive services for individuals and families experiencing homelessness. Funds could also be

H O U S I N G T R U S T P R O J E C T S

AND PROGRAMMING

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directed towards local governments’ homeless programs, augmenting existing services or addressing unmet needs of the population experiencing homelessness. • Predevelopment activities. Housing trusts may consider providing cash flow to affordable housing developers, often through low-interest loans, to fund predevelopment costs. These costs can include preliminary land surveys, architectural designs, permitting costs including associated infrastructure or development impact fees, financing fees, and other up-front cost barriers to affordable housing development.
• Down payment assistance for developers or eligible, first-time homebuyers. Housing trust funds can provide down payment assistance for both developers and first-time homebuyers. Low-interest down payment assistance to affordable housing developers can help reduce the debt incurred by the development, and make the initial planning work for affordable housing financially viable. For first time homebuyers, down payment assistance provided through small loans can help moderate income families become homeowners when they lack the resources to obtain mortgage financing through traditional bank loans. • Support for community land trusts. Housing trusts can provide financing for the acquisition of land, housing rehabilitation, or affordable housing construction to support community land trusts. Community land trusts are typically run by non-profits where affordable housing units are owned by the residents, but the land is owned by the nonprofit, maintaining affordability.

HOUSING TRUST PROGRAMS
A housing trust can carry out its goals and intended activities through a variety of programs. Some programs that might be effective in other states may not be feasible in California given existing State law, so this paper focuses on viable and popular options in California. The most common program for California housing trusts, discussed below, is a revolving loan fund, which can include a first-time homebuyer component. Less common approaches include: forming a housing land trust, or issuing low-risk, low-return loans from private organizations via community impact notes (CINs), which serve as the intermediary for affordable housing developers to receive low-rate development loans from banks under the Community Reinvestment Act (CRA). These programs are discussed in further detail below.

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REVOLVING LOAN FUND
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Existing housing trusts report that low-interest construction loans and gap financing, or “bridge”, loans are the most feasible options for establishing a revolving loan fund due to their shorter term limits and smaller lending needs compared to acquisition or predevelopment loans. In contrast, acquisition and predevelopment loans inherently carry more risk, so housing trust revolving loan funds should avoid these until developing greater lending capabilities after years of growth.

To minimize risk, successful housing trust administrators also recommend only working with experienced affordable housing developers because of the complex structure of fund layering to break even on affordable housing development. Considerable seed funding is needed to establish a revolving loan fund and, due to various regulations and restrictions, not all funding sources can be used for revolving loan funds.

FIRST-TIME HOMEBUYER REVOLVING LOAN FUNDS
Revolving loan funds can be structured as first-time homebuyer programs, which can be effective in communities with higher rates of homeownership units and single-family units. However, some housing trust administrators note that the long terms on these loans can be draining to any revolving loan fund and do not provide housing opportunities for as many people as other types of revolving loan funds.

COMMUNITY REINVESTMENT ACT LOANS
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– The Community Reinvestment Act (CRA) was created to encourage deposit institutions (including most banks but excluding credit unions) to extend credit to low-income communities, by requiring investment in specified community development activities, which includes support of affordable housing development in the community. Instead of specifying criteria for evaluating the performance of financial institutions, the law directs that the evaluation process should accommodate the situation and context of each individual institution. While there are no minimum or maximum requirements for funding, banks are required to commit dollars to the community through eligible activities. Qualifying banks can receive CRA credit by supporting “CRA qualified” community development activities including loans to borrowers for affordable housing rehabilitation and construction or investments directly to housing trusts.

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The CRA establishes the level of community development activity investment required for banks based on size (small, intermediate, and large). Small local branches have limited budgets and typically make nominal contributions to community activities. Larger investment dollars in community development, which would better benefit a housing trust, generally originate from the bank’s corporate office or regional headquarters. Some banks are not actively aware of CRA requirements or the scope of investment opportunities available to them, such as investment in affordable housing. Advocating for the CRA to meet local needs in recent years has resulted in more than $50 billion newly invested into California communities. Agreements negotiated with communities and community members can result in commitments of between 10 and 20 percent of California deposits to be reinvested in local communities.

In San Bernardino County, SBCOG could collaborate with jurisdictions, especially those with larger minority populations and low-income communities, to advocate for commercial development loans or support for affordable housing from banks operating locally. Banks will not lend to inexperienced housing trusts, so CRA funding is not a viable seed funding option. New housing trusts must first gain experience administering a housing trust fund to develop a record of success before being considered for CRA funding. Additionally, CRA funds are not eligible for State matching funds, so these would be obtained without intention of additional leveraging from the State. However, these funds are an effective strategy to harness revenue from other economic sectors to address the housing crisis, which existing housing trust administrators recognize is an important strategy to addressing the housing crisis.

COMMUNITY IMPACT NOTES
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– A promissory note is a written promise to pay another party a definite sum of money by a specified future date with no secured collateral. The promissory note investor purchases the note as a secured debt to become a lender under specified terms for the note’s principal, interest rate, and maturity date. These types of loans are neither government-insured nor guaranteed. A nonprofit can issue promissory notes, or Community Impact Notes (CINs) in the context of a housing trust.

The nonprofit housing trust must be certified as a Community Development Financial Institution (CDFI) by the US Department of Treasury CDFI Fund for administration of loans to private entities.10 The housing trust’s ability to repay the CINs would be dependent upon the economic success of its lending activities.
10 Housing Trust Silicon Valley, 2017, Community Impact Notes Offering Memorandum, https://housingtrustsiliconvalle.app.box. com/s/ccjdb8qg390alolpdziin0ix1iv0xnj3, accessed April 3, 2020.

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The trust can use the proceeds of CINs to fund housing development. Housing trusts can establish a CIN template to give private companies or agencies the ability to invest in the trust’s loan fund.

CIN loan funds often have a fixed return but are attractive to some investors because they provide an opportunity to be part of a workforce housing solution, increasing housing opportunities for low- and moderate-income households. Terms for CIN programs vary, but often range from 1 to 10 years with no fees. For example, the SVHT acts as the issuer of CINs to fund its activities; these CINs have maturity rates at 5 years or 10 years, with 1.5 percent and 2.0 percent interest rates, respectively. Like any loan, there are risks and uncertainties associated with lending.

LAND ACQUISITION FOR HOUSING LAND TRUST
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Obtaining land to be held in a perpetual trust ensures readily available for low-income and/or supportive housing development. Housing prices in the region are high, in part, due to the high cost of land. Factoring out the cost of land through public land acquisition would make homes more affordable and attainable for residents of San Bernardino County, including those looking to move to the region for employment. The trust would work with local jurisdictions, school districts, and transit agencies to identify their vacant, underutilized lots for donation to the trust. This trust could also accept monetary and land donations from private sources. Monetary donations would go towards the trust’s acquisition of land for affordable housing.

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RECOMMENDATIONS

ESTABLISH A SBCOG-ADMINISTERED REGIONAL HOUSING TRUST
A housing trust has the potential to significantly enhance San Bernardino County’s housing landscape. A trust would be most effective structured as a regional body to avoid unnecessary strain on the limited resources of local jurisdictions while leveraging the region’s collaborative strengths. SBCOG’s existing staffing infrastructure is skilled in all requisite administrative areas including executive leadership, financial accounting, and administration. The agency has operated as a regional body, previously known as San Bernardino Associated Governments, governed by a joint powers agreement since 1973 and has a track record of achieving meaningful results through programs such as the administration of Measure I funding.

While SBCOG has minimal experience with regional housing programs, their role as a regional transportation agency strategically positions them as an optimal organization to administer a housing trust on behalf of interested jurisdictions in San Bernardino County. Through the San Bernardino County Transportation Authority, SBCOG s responsible for cooperative regional planning and furthering an efficient multi-modal transportation system countywide. SBCOG successfully leverages regional, state, and federal partnerships to improve the transportation network system in the region. Through regional transportation planning and implementation, SBCOG promotes smart growth practices that link transportation and land use planning.

Traditional measures of housing affordability do not consider transportation costs, however SBCOG recognizes that transportation costs are largely a function of the location of housing in the regional context. Regional transportation strategies must consider regional land use and housing strategies to ensure balanced communities.

The following recommendations are intended to guide establishment of a SBCOG-administered housing trust fund using best practices identified for meeting the SBCOG region’s housing financing needs.

ADMINISTRATION AND OPERATION
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

ORGANIZATIONAL MODEL
Establishing a regional housing trust as a dual JPA/nonprofit will provide SBCOG and member jurisdictions with the greatest opportunity to achieve economies of scale and access to the widest variety of revenue streams possible. By simultaneously acting as a nonprofit and a JPA, the housing trust fund would maximize flexibility to obtain and leverage funds, with access to sources available

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RECOMMENDATIONS
to both nonprofit and JPA models, including State matching funds. Nonprofits tend to be more flexible in how they can operate and what funding sources they can accept from donors, especially in the private sector. A nonprofit entity will diversify and more creatively leverage funding sources across jurisdictions, introducing funding streams into the trust than could fund operation alone.

JPA-administered housing trusts ensure reliable government support, are better able to pool resources, and provide greater flexibility to pursue and leverage funds, similar to nonprofits.

SBCOG could establish a new nonprofit to create a hybrid trust model. Similarly, SBCOG’s membership could approve a revision to the existing joint powers agreement or establish a separate JPA for the housing trust. Establishing a separate JPA would be the best solution if some member jurisdictions opt not to participate in the trust. The JPA agreement to initiate the trust, would need to incorporate the following conditions:
• All JPA member jurisdictions are in compliance with State Housing Element law and therefore eligible for federal and State funding.
• All JPA member jurisdictions agree to be part of the housing trust through adoption of a local ordinance.

SBCOG will be the agency responsible for administering and overseeing the regional housing trust in representation of all interested member jurisdictions. SBCOG will also adopt a resolution requiring interested member jurisdictions to take formal action to join the regional housing trust, disclosing eligibility to receive State matching funds through compliance with current State housing law. Each eligible member jurisdiction will elect to participate in the housing trust fund through adoption of an ordinance. Member jurisdictions not explicitly electing to participate in the trust and devote revenue to the housing trust fund would not be eligible to receive funds or resources from the trust.

REVENUE ALLOCATIONS
The SBCOG-administered trust should maintain as much flexibility with the application of its funding resources as possible. This includes avoiding the enactment of any internal mechanisms that devote funds proportionally to participating jurisdictions based on the location of revenue collection within the region. Multiple successful housing trust administrators report that siloed funds from each participating jurisdiction reduce the trust’s ability to leverage these funds to their greatest potential. Furthermore, many jurisdictions have regulatory, political, or economic barriers to implementing housing projects, despite having the political will for affordable housing

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development and financial investment in the trust. For example, if City A were to invest $80,000 into the housing trust fund with the stipulation that the money must be reinvested in City A, but City A’s zoning requirements discourage developers from affordable housing projects, then that $80,000 would sit unused in the housing trust fund. In the meantime, a housing project in City B would use other housing trust funds to develop a $1.5 million project. If City A instead invested that money with no stipulations, the housing trust fund could leverage that money to increase donations to the project in City B threefold, increasing the project size and resources provided in the original $1.5 million project to add an additional $240,000 in value.

Like transportation and environmental quality, housing supply and affordability is a regional issue.

A regional approach to affordable housing can assist in combating income and racial segregation, by increasing opportunities for lower-income households to pursue housing choice across a variety of communities. San Bernardino County is a diverse region where in 2020 64% of the population is non-White or of more than one race and no communities throughout the region consist of a majority White population. Further, San Bernardino’s 2021 area median household income of $77,500 is low, when compared to the state, with an area median income of $90,100 in the same year. A regional strategy for addressing the housing needs of lower-income households could create new opportunities for upward mobility in an already diverse County where incomes are lower.

While some jurisdictions may initially oppose the practice of investing in the housing trust without a guaranteed return on investment within their jurisdictional boundaries, the benefits far exceed the drawbacks. State-compliant Housing Elements must provide adequate sites with appropriate zoning for housing development in each income category. Currently, there is not a requirement that Jurisdictions have to achieve buildout of their RHNA requirements once planned for in the Housing Element. Therefore, investing in the housing trust for the creation of housing within the jurisdiction’s boundaries does not divert resources away from other necessary investments that would preclude their ability to remain State-compliant. On the contrary, jurisdictional investment in affordable housing trusts is highly praised by HCD. Other housing trusts report that participation in their housing trust assists cities with meeting Housing Element requirements and helps them obtain credits for the creation of affordable housing.

Jurisdictions that elect to participate should commit to allocating revenue annually to the housing trust fund for the first five to ten years, granting resources relative to their jurisdiction’s size, number of jobs, and projected growth rate. The SBCOG housing trust JPA should enact a

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RECOMMENDATIONS
formula based on those factors to determine annual allocation requirements. While individual contributions may vary annually based on the number of participating jurisdictions, the total allocations should meet a minimum threshold of $230,000 annually to support housing trust fund activities.11 This amount will allow the housing trust to perform administrative activities and pursue State matching funds, which will then provide funding for other identified housing activities. Ensuring adequate funding through the establishment of the housing trust will provide the trust with leverage for acquiring additional funding, resulting in a housing trust that will yield clear results through the implementation of activities. The trust should not guarantee the that a member jurisdiction’s allocation will be directly reinvested in their community. However, when housing programs or projects come up in that jurisdiction, the housing trust should direct the jurisdiction’s investments into that project to the maximum extent feasible.

OVERSIGHT AND STAFF
The housing trust should have a Board of Directors to oversee the allocation of funds. The Board should consist of jurisdiction representatives, both elected officials and staff, as well as at-large representatives from the private sector. Both the CVHTF and San Mateo County’s HEART operate with large 19-member Boards of Directors. When CVHTF first began, city representation came from elected officials but was switched to City staff representation after the first few years to remove political motivations and utilize city staff’s in-house expertise. CVHTF also recommends keeping the size of the Board of Directors smaller for better communication and coordination of priorities across the region.

Staffing should be provided via a new department within SBCOG. SBCOG comprises SBCOG and the San Bernardino County Transportation Authority (SBCTA) and through SBCOG’s collective collaboration on regional efforts, this approach will leverage the agency’s in-house staff expertise and existing connections to resources in the region.

REVENUE SOURCES
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SBCOG should consider all of the revenue sources discussed in the Housing Trust Funding Sources section, however based on an initial analysis, the following one-time and ongoing sources are identified as potentially being the most appropriate to pursue in the context of the SBCOG region and should be considered first. For more information on each revenue source, refer to Appendix B.
11 $230,000 was the minimum total threshold requirement in 2019 for San Mateo’s HEART, which is the only other JPA/ non-profit model in California. Only JPAs can set minimum requirements for participating member jurisdictions, although Ventura County’s CVHTF received at least $50,000 from all member jurisdictions electing to participate in the housing trust in 2019.

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RECOMMENDATIONS

STATE AND FEDERAL GRANTS

PERMANENT LOCAL HOUSING ALLOCATION (PLHA) PROGRAM
The new PLHA Program offers consistent funding to local jurisdictions for affordable housing construction and supportive services. Although the annual allocations will vary, the 2019 allocation is broken down by jurisdiction in Appendix B. While local allocations may not be sufficient to close a housing project funding gap when kept within the local jurisdiction, they can be delegated to a regional housing trust and leveraged with other local PLHA or other funds to be an effective shortor long-term source of funding. • Funding Stage: Both start-up and ongoing.
• Eligible Activities: PLHA supports a variety of activities including affordable housing construction, affordable ADU construction, and homelessness services. • Administration Limitations: A local government sharing the funds with a housing trust can use no more than 5 percent of the allocation for administrative costs for activities for which the allocation was made. However, staff and overhead costs related to carrying out the activity costs are not subject to the cap on administrative costs. • Housing Trust Type Currently Eligible: city or county.

STATE-MATCHING LOCAL HOUSING TRUST FUND
As described in Appendix B, the State-Matching Local Housing Trust Fund (LHTF) is a competitive grant process, but it awards large matching grants. HCD releases NOFAs periodically and a portion of program funds is set aside each year as matching funds for the first year of operation for new housing trusts. SBCOG should pursue both initial and annual funds.

SBCOG should note all State-matching funds require that housing developers use prevailing wage, limiting the activities that the grant can fund upon award. • Funding Stage: Both start-up and ongoing.
• Eligible Activities: Loans for acquisition, predevelopment expenses, development of affordable rental housing projects, transitional housing projects, emergency shelters and homeownership projects, including down payment assistance to qualified first-time homebuyers, and for rehabilitation of homes owned by income-eligible homeowners. No more than 20 percent of each allocation may assist moderate-income households, and at least 30 percent of each allocation is required to assist extremely low-income households.

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• Administration Limitations: Administrative expenses are limited to five percent of the grant. • Housing Trust Type Currently Eligible: Nonprofit, city or county.

NATIONAL HOUSING TRUST FUND PROGRAM (NHTF)
The National Housing Trust Fund (NHTF) serves as the primary source of federal funding for housing trusts and is administered by HCD. At least 80 percent of each annual grant must fund rental housing, and up to 10 percent can fund homeownership housing. The SBCOG housing trust should review the notice of funding availability (or NOFA) annually to confirm eligibility and alignment with its priorities to determine whether SBCOG should apply for funds. • Funding Stage: Start-up and ongoing.
• Eligible Activities: Real property acquisition, site improvements and development hard costs, related soft costs, demolition, financing costs, operating cost assistance for rental housing (up to 30 percent of each grant), administrative and planning costs (up to 10 percent of each grant)
• Administration Limitations: Administrative expenses are limited to 10 percent of the grant. • Housing Trust Type Currently Eligible: trusts, partnerships, limited partnerships, local public entities, corporations, limited liability corporations.

TAX INCREMEMENT FUNDS AND TAXES

TRANSIENT OCCUPANCY TAX (TOT)
While most local jurisdictions in San Bernardino County already levy a TOT, many local regulations currently exclude short-term rentals (such as Airbnb and VRBO) from the definition of a transient occupancy facility. Upon establishment of a trust, participating members of a housing trust should evaluate their definition of transient occupancy facilities to determine if short-term vacation rental units are included. The inclusion of short-term vacation rentals in the definition of transient occupancy facilities can act as a source of additional funds for jurisdictions with an existing TOT.

Participating members without TOTs, should consider the establishment of new TOTs on shortterm vacation rentals. The incoming revenues would be placed in the member jurisdiction’s general fund and then transferred annually to the SBCOG-administered housing trust fund. • Funding Stage: Ongoing.
• Eligible Activities: Activities compliant with the established nexus between transient occupancy facilities and the associated loss of affordable housing in the community. • Administration Limitations: Language in the jurisdictions’ municipal codes would be

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RECOMMENDATIONS
examined to ensure there are no restrictions prohibiting support of administration activities or activities outside the local jurisdiction’s limits.
• Housing Trust Type Currently Eligible: Nonprofit, JPA, city or county.

INCLUSIONARY ZONING IN-LIEU FEES
Inclusionary housing ordinances can create new affordable homes without needing new government funding. Inclusionary requirements ensure that every community provides homes affordable to a range of income levels. By providing affordable housing options, a community’s labor force such as hospital workers, retail clerks, and childcare workers can afford to live in the communities they serve. Cities and counties are authorized by the state to adopt an inclusionary housing ordinance for the creation of affordable housing.

Participating housing trust members can consider the allocation of in-lieu fees to the trust fund.

Cities would want to first consider how in-lieu fees are being utilized. The dedication of in-lieu fees into the housing trust could free up staff time with the administration of such fees and could result in the expenditure of fees for on-the-ground implementation of housing trust activities.

SBCOG could provide support to member jurisdictions to provide guidance on the feasibility of implementing new local inclusionary ordinances. SBCOG should provide additional support to member jurisdictions interested in establishing a housing trust fund if the jurisdiction agrees to direct a portion of in-lieu fees to the housing trust fund. • Funding Stage: Ongoing.
• Eligible Activities: Development of affordable housing, conditional upon the contributing jurisdiction’s regulations stipulating that the in-lieu fees be directed to community-specific housing projects.
• Administration Limitations: SBCOG would not be able to easily leverage funds from an inclusionary ordinance in the jurisdiction’s regulations stipulate that the in-lieu fees be directed to community-specific housing projects. Language in the jurisdictions’ inclusionary ordinances and municipal codes would be examined to ensure there are no restrictions prohibiting support of administration activities or activities outside the local jurisdiction’s limits.
• Housing Trust Type Currently Eligible: Nonprofit, JPA, city or county.

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RECOMMENDATIONS

PRIVATE SOURCES

COMMUNITY BENEFIT AGREEMENTS
Community Benefit Agreements (CBAs) would help SBCOG leverage developer commitments to fund housing trust activities. In exchange for widespread public support from a community group(s) for the development project, SBCOG should collaborate with member jurisdictions to engage medical centers, large-scale developers, schools and the military as they develop plans to expand.
• Funding Stage: Initial and ongoing.
• Eligible Activities: Assist the development and preservation of affordable housing. • Administration Limitations: None. CBAs are negotiated on a case-by-case basis, so SBCOG would ensure that the agreement would not place restrictions on trust fund operation and administrative costs.
• Housing Trust Types Currently Eligible: Nonprofit, JPA, city or county.

OTHER FUNDING SOURCES

DISCRETIONARY LOCAL REVENUES
Participating member jurisdictions should appropriate money from their general fund to invest in the future of the housing trust in good faith, giving the new housing trust start-up costs to then pursue additional external funding. If SBCOG opts to use a nonprofit approach, the COG should ask interested member cities and/or the county to commit to general fund allocations for the next five to ten years. If SBCOG is able to use a JPA/nonprofit approach, it would include stipulations in the JPA agreement requiring that member jurisdictions allocate money from their general fund annually, based on an agreed-upon formula.

While cities could also choose to dedicate money from their existing affordable housing funds, it is recommended that SBCOG advocate more strongly for general fund allocations so that the trust brings in resources not already dedicated to housing.
• Funding Stage: Initial and ongoing.
• Eligible Activities: Assist the development and preservation of affordable housing. • Administration Limitations: None. Existing housing trusts often use discretionary local revenues to fund administrative costs.
• Housing Trust Types Currently Eligible: Nonprofit, JPA, city or county.

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FUND ACTIVITIES
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Some housing trust activities are more effective tools for creating affordable housing than others, as discussed in the Housing Trust Projects and Programming section. Housing trust administrators interviewed for this report generally recommended prioritizing specific activity/program types to maximize affordable housing development and shared best practices for each, discussed in Appendix A. Paired with a preliminary assessment of various revenue stream restrictions and barriers to housing in the SBCOG region, the following three programs would likely be appropriate for a SBCOG-administered housing trust and should be strongly considered.

REVOLVING LOAN FUND
Successful housing trusts report that the most impactful way to encourage affordable housing consistently is through loans to developers. Once seed funding is obtained, SBCOG would use that money to provide reduced rate loans to affordable housing developers. Repayments from these developers over time would establish a revolving loan fund and ongoing revenue source for the trust. To start, SBCOG should provide construction loans and bridge loans to seasoned, low-risk developers because they are short-term loans with limited uncertainty. This strategy will ensure that money comes back into the revolving loan fund in a shorter time frame with less risk associated with the loan, allowing the trust to provide units more quickly than loans committed to a first time homebuyer program (which typically provide larger loans from 15 to 30 years to fewer households). SBCOG should also avoid administering pre-construction and acquisition loans during the first few years of a revolving loan fund because they carry higher risk and require larger commitments.

COMMUNITY REINVESTMENT ACT LOANS
Money from community reinvestment act loans can fund the development of affordable housing, with the SBCOG-administered housing trust acting as the intermediary between affordable housing developers and banks. Since corporate offices or regional headquarters for banks typically have larger budgets to invest in the community, SBCOG should reach out to mid-sized and big banks in the region to solicit investment in the housing trust once the trust has been in operation for a few years. SBCOG would seek out banks with headquarters in San Bernardino County, such as Banner Bank, First Foundation Bank, and Desert Community Bank, to donate money to the housing trust fund to meet their CRA requirements. SBCOG should also seek CRA contributions from local branches in participating member jurisdictions without any mid-sized or large-scale

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banks. While these small sized branches often donate money to local events or parades, SBCOG and partnering local government staff should implore them to shift contributions to the housing trust fund.

CRA funds are ineligible to receive State matching funds, so dollars contributed from CRA to the SBCOG-administered trust will be less impactful than other sources. In addition, this money cannot be used as seed funding because banks will not typically lend to inexperienced housing trusts, but they can help augment trust fund activities in the long-term. As with all other funds, the Administrative Plan for the housing trust would encourage SBCOG to direct funds obtained from different communities back into those communities when feasible, rather than diverting them to finance other communities’ housing activities.

COMMUNITY IMPACT NOTES
A SBCOG-administered trust should become certified as a CDFI to administer low-interest loans to private investors to bring private sector dollars into the affordable housing market, as discussed in the Housing Trusts Project and Programming section. SBCOG’s housing trust would establish a Community Impact Note (CIN) template to set up terms for loans to private agencies or companies.

It is recommended that the terms of loans range from one to 10 years to keep housing trust payment commitments relatively short-term. The template should also provide multiple short-term loan options, such as a five year loan template and a ten year loan template, to provide potential investors with more flexibility in the investment opportunity. SBCOG’s CINs should have no fees to increase their benefits for lenders, given that the loans have low rates of return.

HOUSING TRUST IMPLEMENTATION
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

TRUST ESTABLISHMENT
Steps to establish a housing trust using a JPA/nonprofit organizational model include the following:

1. Identify Participating Jurisdictions
SBCOG would solicit interest from member jurisdictions in establishing a housing trust fund and then work with those interested member jurisdictions to move through the steps below.

2. Joint Powers Agreement
Because SBCOG currently operates as a JPA, it could move forward with either of the below approaches, contingent upon interest from SBCOG member jurisdictions:

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a. Amend the existing joint powers agreement to become a housing trust if all member jurisdictions are interested in participating in the housing trust. The modified joint powers agreement would authorize administration of a SBCOG housing trust through an Administrative Plan.
b. Establish a new, separate JPA with interested member jurisdictions.

While both options presented above are viable, it is likely that not every SBCOG member jurisdiction will want to participate in the housing trust and that it would therefore be cleaner to establish a new JPA, so it is recommended that SBCOG pursue the latter option. It is assumed that a new JPA will be formed for the following steps of trust establishment. However, if all member jurisdictions agree to participate, then the former option above is recommended and the subsequent steps of trust establishment remain relatively unchanged. The trust should establish a minimum threshold for membership at four jurisdictions.

3. Identify Housing Need
SBCOG and participating member jurisdictions would collaborate to determine housing needs for localized areas and the region. These needs would inform the activities allowed and prioritized in the Administrative Plan drafted in later steps and would inform campaign goals and messaging. This process should be integrated with the regional housing needs allocation (RHNA) and preparation and implementation of local housing elements to the extent possible, both taking cues from and informing these other planning documents.

4. Campaign
Interviews with administrators of successful housing trusts in California indicate that the greatest predictor for housing trust success is strong support from local government, elected leaders, and the business community. The campaign for a housing trust should demonstrate need for additional housing support and resources in San Bernardino County. The messaging to these groups should be clear about the need the trust will address and potential impacts from the trust, some of which are demonstrated through examples offered in this paper.

Soliciting support from local activists and political leaders can help push the campaign without delving the housing trust into the political fray. Strong support from the local community will bring revenue into the project early and help establish a strong foundation to build the trust to great heights.

SBCOG and participating member jurisdictions would enact a campaign to generate community

RECOMMENDATIONS

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RECOMMENDATIONS
interest and support for the new housing trust fund. More details about the campaign are in the following section.
a. SBCOG would provide interested jurisdictions with messaging and information about the benefits of housing trusts to bring to their local elected officials, political activists, and nonprofits.
b. This campaign for the trust would be an ongoing activity through each step of trust set-up.

5. Enact Intent to Establish Trust
SBCOG would pass an initial ordinance authorizing its establishment of the regional housing trust fund conditional upon:
a. SBCOG drafting an Administrative Plan for agreement by all participating member jurisdictions.
b. Participating member jurisdictions taking formal action to join the regional housing trust (e.g. by passing an ordinance).

6. Administrative Plan
SBCOG would draft an Administrative Plan for the fund. This plan would be reviewed by all participating jurisdictions, and SBCOG would allow at least one round of comments by each jurisdiction. The Administrative Plan would include the following components:
a. Defining the purpose and structure of the housing trust. b. Assigning participating members’ authorities.
c. Stipulating member authorities’ annual contribution requirements using a formula based on the member jurisdictions’ population, jobs, and projected growth. d. Outlining SBCOG’S administrative duties and responsibilities. This would include identification of existing staff or formation of a new department. e. Creating a Board of Directors to manage initial and ongoing housing trust fund activities and goals. This would include details about board governance, meeting protocols, and administration and oversight.
f. Establishing a housing trust funds account and a sub-account specifically for administrative purposes.
g. Enacting annual reporting procedures for SBCOG to maintain records and publish efforts for member jurisdictions to review.
h. Establish procedures to allow member jurisdictions to enter or leave the trust in the future. Procedures should require the leaving jurisdiction provide written notice of exit six months prior to start of new financial year and stipulate that the city/county will assume responsibility for administrative fees for managing existing projects in its jurisdiction.

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7. Adopt New JPA
Upon completion of the Administrative Plan, SBCOG would adopt a new JPA in partnership with all interested jurisdictions to officially enact the housing trust. This JPA would establish a new public entity separate from the parties to the agreement, providing the common power as described in the agreement.
a. The JPA would incorporate language from the Administrative Plan into the official agreement.
b. The JPA must state the trust’s application for 501(c)(3) tax-exempt status with the Internal Revenue Service (IRS) is completed or pending and specify that the trust has a charitable purpose, which is to develop funds for affordable housing.

8. Jurisdiction Resolutions
Interested jurisdictions would individually pass resolutions to join the regional housing trust. a. Participating jurisdictions would include language in their individual resolutions committing to pay membership dues annually as to be part of the JPA/nonprofit housing trust. The resolution would also contain language certifying eligibility to receive State funds through compliance with current State housing law. b. A designated representative from each participating jurisdiction would subsequently sign the JPA, agreeing to conditions of the JPA and Administrative Plan. c. At this time, the participating member jurisdiction would be required to pay membership dues to the trust.

9. Nonprofit Component
Given that SBCOG would likely form a new JPA to enact the housing trust, SBCOG could also form an accompanying nonprofit to administer the trust using the dual JPA/nonprofit organizational model. SBCOG could work with an established non-profit that is experienced in accepting large donations to enter into an agreement for a partnership. SBCOG could also apply for the housing trust’s 501(c)(3) tax-exempt status with the Internal Revenue Service (IRS). General filing instructions are as follows:
a. Draft and file the articles of incorporation. This would include the organization’s name, specify its use for charitable purposes by developing funds for affordable housing, identify an agent for service of process, and list any limitations on corporate powers. If the Board of Directors is named in the articles of incorporation, then these articles would be signed by the board.

RECOMMENDATIONS

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b. Appoint the Board of Directors, if not named in the articles of incorporation. c. Attach the trust’s bylaws, which is the joint powers agreement for the housing trust and draft a conflict of interest policy.
d. Provide proof of the participating members’ consent to the joint powers agreement. e. Obtain an employer identification number (EIN). This can be done online. f. File the initial registration form (Form C T-1) with the California Attorney General’s registry of Charitable Trusts.
g. File the Statement of Information (Form SI-100) with the Secretary of State. h. Apply for federal tax exemption with the IRS (Form 1023) and receive a letter of determination from the IRS.
i. Apply for California tax exemption with the California Franchise Tax Board (FTB) using Form 3500A and a copy of the IRS determination letter (in step above) and receive an affirmation of exemption letter from the FTB.

A partnership with an existing non-profit that has housing trust experience may be a preferred approach.

10. Revenue Pursuit
Once nonprofit status has been approved, SBCOG would begin pursuit of revenue sources, operating as a dual JPA/nonprofit housing trust. This would include the following actions, not necessarily completed in this order:
a. Collect annual membership dues from participating jurisdictions. b. Solicit private donations from large local corporations and businesses. c. Collaborate with local jurisdictions to collect their PHLA allocations to help leverage State matching funding.
d. Apply for State matching funding, NTHF grant funding, and other grants. e. Follow protocol established by the US Department of Treasury to become a CDFI. Once registered as a CDFI, draft a CIN template to offer low-interest loans to private entities. f. Partner with participating jurisdictions to negotiate CBAs with developers for allocation of funds to the housing trust.
g. Provide continual support for cities attempting to impose TOT fees or inclusionary zoning requirements for allocation of those funds to the housing trust fund.

11. Transition to Ongoing Implementation
SBCOG would manage the resulting income sources and allocate them toward programs meeting established priorities. Growth would be managed over time and the Board of Directors would steer the goals of the housing trust over the long-term.

RECOMMENDATIONS

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A P P E N D I X A : E x i s t i n g
Housing Trust Profiles
The following table lists all housing trust funds in California cataloged by the Housing Trust Fund Project through 2020. This list is not exhaustive of all housing trust funds in the state. Of the 46 jurisdictions on this list, 14 are located in Southern California, 2 are in Central California, and the remaining 32 are located in Northern California.

JURISDICTION HOUSING TRUST FUND YEAR

CREATED

ADMINISTERING
AGENCY
Alameda County Affordable Housing
Trust Fund
2003 Housing and Community
Development (public)
Anaheim Housing Trust Fund 2005 Community Development Department (public)
Berkeley Housing Trust Fund 1990 Housing Development
(public)
Butte, Shasta, Yuba, Sutter,
Tehama, Siskiyou, Glenn,
Plumas, Lassen, Modoc,
Trinity, and Colusa Counties
Housing Trust Fund 2015 North Valley Housing
Trust (private/nonprofit)
Campbell Housing Trust Fund 2006 Community
Development
Department (public)
Citrus Heights Affordable Housing Trust Fund 2003 Housing and Grants Division (public)
Cupertino Affordable Housing Fund 1987 Community
Development
Department (public)
Elk Grove Affordable Housing Fund 2003 Planning (public) Emeryville Housing Trust Fund 2014 Economic Development and Housing (public)
Fremont Affordable Housing Development
Fund
2014 Housing Division (public)
Livermore Housing Trust Fund 2005 Community
Development (public)
Long Beach Housing Trust Fund 2005 Housing Services Bureau (private/nonprofit)
Los Angeles Affordable Housing Trust Fund 2002 Housing Department (public)
Los Angeles Affordable Housing Impact Trust
Fund
2017 Chief Administrative
Officer (public)
Los Angeles: Skid Row Affordable Housing Trust 1989 Skid Row Housing Trust (private/nonprofit)

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JURISDICTION HOUSING TRUST FUND YEAR

CREATED

ADMINISTERING
AGENCY
Los Angeles County Affordable Housing Trust Fund 2013 LA County Community Development
Commission (public)
Mammoth Lakes Housing Trust Fund 2003 Mammoth Lakes Housing (private/nonprofit)
Marin County Workforce Housing Trust Fund 2004 Community Development Agency
(public)
Menlo Park Below Market Rate Housing
Program
1988 Community
Development (public)
Monterey, San Benito, and
Santa Cruz Counties
Housing Trust Fund 2016 Monterey Bay Economic
Partnership (private/
nonprofit)
Morgan Hill Senior Housing Trust Fund Not
available
Not available
Mountain View Housing Trust Fund Not
available
Not available
Napa County Affordable Housing Fund 1992 Napa Valley Housing Authority (public)
Oakland Affordable Housing Trust Fund 2003 Department of Housing & Community
Development (public)
Orange County Housing Trust 2010 Orange County Housing
Trust (private/nonprofit)
Orange County1 Housing Finance Trust 2019 Orange County Housing Finance Trust (JPA)
Oxnard Affordable Rental Housing Trust
Fund
2003 Housing Department
(public)
Palo Alto Affordable Housing Fund 1974 Planning and Community Development (public)
Pasadena Housing Trust Fund 1993 Housing and Community
Development
Department (public)
Petaluma Housing Fund 2003 Housing Division (public)
Sacramento Affordable Housing Trust Fund 2020 City of Sacramento (public)
Sacramento City and County Housing Trust Fund 1989 Housing and Redevelopment Agency
(public)
San Diego Housing Trust Fund 1990 San Diego Housing
Commission (public)
1 This trust is not explicitly for housing for homelessness. Given the JPA model, it is included in this list.

Source: Housing Trust Fund Project, 2020; City of West Hollywood, 2020; Monterey Bay Economic Partnership, 2020; North Valley Housing Trust, 2020; Skid Row Housing Trust, 2020; City of Sacramento, 2020.

APPENDIX A: Existing Housing Trust Profiles

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JURISDICTION HOUSING TRUST FUND YEAR

CREATED

ADMINISTERING
AGENCY
San Francisco City and
County
Housing Trust Funds 1987; 2012 Office of Housing (public) Alhambra, Arcadia, Azusa,
Baldwin Park, Claremont,
Covina Diamond Bar,
Duarte, El Monte, Glendora,
Irwindale, La Canada
Flintridge, La Verne,
Monrovia, Montebello,
Pasadena, Pomona, San
Gabriel, South El Monte,
South Pasadena, Temple City,
and West Covina
Housing Trust Fund 2020 San Gabriel Valley
Regional Housing Trust
San Jose Housing Trust Fund 2003 Department of Housing
(public)
San Jose Housing Impact Fee Fund 2014 Department of Housing (public)
San Luis Obispo County Housing Trust Fund 2003 San Luis Obispo County Housing Trust Fund
(public)
San Mateo County Housing Endowment and Regional
Trust
2003 HEART of San Mateo
County (private/
nonprofit)
San Mateo County Affordable Housing Trust Fund 2013 San Mateo County Department of Housing
(public)
Santa Barbara County Housing Trust 2005 Housing Trust of Santa Barbara County (private/
nonprofit)
Santa Clara County Housing Trust Silicon Valley 1997 Housing Trust Silicon Valley (private/nonprofit)
Santa Cruz Affordable Housing Trust Fund 2003 Housing Division (public) Santa Monica Citywide Housing Trust Fund 1986 Housing Division (public) Santa Rosa Housing Trust 2004 Economic Development
and Housing (public)
Sonoma County County Fund for Housing 2005 Department
of Community
Development (public)
Sunnyvale Housing Trust Fund Not
available
City of Sunnyvale (public)
Ventura County Housing Trust Fund 2010 Housing Opportunities Made Equal (private/
nonprofit)
West Hollywood Affordable Housing Trust Fund 1986 Rent Stabilization and Housing Division (public)
APPENDIX A: Existing Housing Trust Profiles

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APPENDIX A: Existing Housing Trust Profiles
The following nine California-based housing trusts have different organizational structures, funding sources, and fund activities, but each demonstrates the ability to incite housing change despite divergent regional contexts. Some housing trusts examined below are located in Northern California due to the higher occurrence of housing trusts in Northern California and specifically housing trusts operating under the private/nonprofit model, the organization model recommended for SBCOG. The table below provides an overview of each of the housing trusts examined in this paper.

HOUSING TRUST ANNUAL BUDGET PROGRAMS AND

ACTIVITIES
County of Ventura Housing
Trust Fund
Annual budget for 2019:
$451,849 (revenue)
$297,957 (expenses)
Revolving loan fund, pro-bono
consulting for affordable
housing developers
Orange County Housing Trust Annual budget for fiscal year 2019- 2020: About 5 million.

Provides gap financing
for developers creating
permanent supportive and
affordable housing projects.

They have also provided shortterm residual loans in the past with a smaller budget and
interest in faster turnover on
loan terms.

Orange County Housing
Finance Trust
Fiscal Year 2019-2020
Contributions and Grants:
$6.5 million
Funding for permanent
supportive or affordable
housing restricted to persons
or families who qualify as
extremely low-income.

San Diego County Innovative
Housing Trust
Annual budget for fiscal year
2021-2022: $25 million.

Provides gap financing to
create or preserve affordable
housing and permanent
or transitional housing for
those at risk of experiencing
homelessness.

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San Mateo HEART Annual budget for fiscal
year 2015-2016: $1.6 million
(revenue), $756,594 (expenses)
Revolving loan fund (both First
Time Homebuyer Loans and
Development Loans), Green
and Livable Accessory Dwelling
Unit Resource (GLADUR)
program
San Mateo County Housing
Trust
Not disclosed Revolving loan fund for
multifamily affordable
rental housing projects. This
includes predevelopment,
constriction, and permanent
loans to developers for
new developments and
rehabilitation loans for existing
affordable rental housing.

Skid Row Housing Trust Annual budget 2018: $39
million
Revolving loan fund,
supportive services for the
homeless, development and
ongoing management and
operation of permanent and
supportive housing
West Hollywood Affordable
Housing Trust Fund
Annual budget 2019: $1.7
million
Provide residual receipt
loans for acquisition and
rehabilitation or construction
of new affordable housing
developments with
affordability restrictions for
55 or 57 years. Loans are
forgivable if the term is fulfilled
to annuity. They are interested
in expanding to fund a firsttime homebuyer program in
the future.

San Gabriel Valley Regional
Housing Trust
2022 State Budget Allocation:
$21 million
FY 2020-2021 Total Income =
$647,450
Emergency shelter pilot
project (tiny homes) and gap
funding for affordable housing
development.

APPENDIX A: Existing Housing Trust Profiles

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COUNTY OF VENTURA HOUSING TRUST FUND
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– The nonprofit County of Ventura Housing Trust Fund (CVHTF), since rolling out housing support in 2012, has issued over $9 million in approved loans, constructed 365 affordable housing units, helped 15 affordable housing developments in 70 percent of cities within the county, and raised $6.7 million through grants, investments, sponsorships, and fundraisers.12 • Organizational Structure: 501(c)3 Nonprofit
• Year Established: 2005, first loan in 2012
• Percent of expense budget dedicated to operating costs: 77 percent • 2019 annual budget: $451,849 (revenue), $297,957 (expenses) • Programs and activities administered: Revolving loan fund, pro-bono consulting for affordable housing developers
• Top revenue sources: Revolving Loan Program, events, donations and grants, local government grants
• Best practice recommendations:
• Do not accept funds from local governments earmarked to come back into that jurisdiction. • Leverage funding creatively through layering of all different sources. • Only work with seasoned affordable housing developers. • Recycle money from State matching funds through a revolving loan program to gradually remove State’s restrictions from repaid money.
• Focus on providing short-term loans such as construction loans or gap financing and avoid pre-construction loans or first-time homebuyer loans during first few years of the trust due to higher risks and larger loan amounts.
• Seek guidance and feedback from the developer community often.

ORANGE COUNTY HOUSING TRUST
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Orange County Housing Trust (OCHT) is a nonprofit private capital-funded housing trust powered by NeighborWorks Orange County (NWOC) and Orange County Business Council (OCBC) – two leading organizations committed to making Orange County a vibrant place to live, work and play.

NWOC and OCBC have retooled OCHT, originally established in January 2010, as a financing vehicle for grantors, foundations, and corporations to leverage public and private funding to bring future permanent supportive and affordable housing projects to Orange County. Using the Housing Trust of Silicon Valley as a model, the OCHT engages local businesses to help tackle the housing issues 12 Housing Trust Fund Ventura County, 2019, Everyone Deserves a Home: 2019 Annual Report.

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APPENDIX A: Existing Housing Trust Profiles
facing the county. The Disneyland Resort provided a $5 million grant for seed funding to provide housing support in Anaheim, which financed a 102-unit affordable housing development. The OCHT Board of Directors is comprised of the region’s top business leaders including The Irvine Company, U.S. Bank, OCBC, Disneyland Resort, and FivePoint Holdings. The trust operates within NWOC’s organizational structure as a program, which keeps operation costs low. • Organizational Structure: 501(c)3 Nonprofit
• Year Established: Established in 2010, revitalized in 2019 • Percent of expense budget dedicated to operating costs: No restrictions on operating costs, but it amounts to about $48,000/year to administer with in-house staff at NWOC. There are no official staff positions for the trust.
• Annual budget for Fiscal Year 2019-2020: About $5 million, due to Disneyland donation • Programs and activities administered: Provides gap financing for developers creating permanent supportive and affordable housing projects. They have also provided shortterm residual loans in the past with a smaller budget and interest in faster turnover on loan terms.
• Top revenue sources: Private investments
• Best practice recommendations: Nonprofit housing trust funds struggle more with obtaining seed funding, but nonprofits should be persistent because it takes a long time and lots of labor to obtain money from private sources. Private organizational models have the benefits of avoiding politics and involvement from government that comes from public ownership in a housing trust fund.

ORANGE COUNTY HOUSING FINANCE TRUST
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– The Orange County Housing Finance Trust (OCHFT) was formed by legislation in 2018 to address the housing needs of those experiencing or at-risk of experiencing homelessness. OCHFT is a JPA structured trust between the County of Orange and 23 cities throughout the county. The trust is structured to distribute funding between the Service Planning Areas in the county, which are boundaries used for providing homelessness services. Between 2020-2021 the trust released 2 NOFAs, funding 13 developments for permanent supportive housing. More than $10.5 million was made available through the 2022 NOFA. The trust entered into an agreement with the County of Orange, which allocates $20.5 million in Mental Health Services Act funds and $5 million in County general funds over five years as dedicated and matching funds to the trust for development of affordable and supportive housing.
• Organizational Structure: Joint Powers Authority with Nonprofit Partnership

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• Year Established: Established in 2018 by statute
• Administrative Budget: OCHFT notes that at least $300,000 is needed for the first year of administrative costs. The County of Orange provides $200,000 annually to support administrative costs.
• Fiscal Year 2019-2020 Contributions and Grants: $6.5 million • Programs and activities administered: Funding for permanent supportive or affordable housing restricted to persons or families who qualify as extremely low-income. • Top revenue sources: County Mental Health Services Act Funds and Local Housing Trust Funds
• Best practice recommendations: The ability for the trust to utilize funds to apply for state matching funds provides a mutually beneficial partnership between the trust and the County. The trust partners with an established non-profit that accepts donations on behalf of the trust. The non-profit is experienced in accepting large donations and their fee comes from the donation itself, so the trust is able to keep overhead costs low.

SAN DIEGO COUNTY INNOVATIVE HOUSING TRUST FUND
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– The San Diego County Board of Supervisors directed the creation of the Innovative Housing Trust Fund (IHTF) to increase the regional supply of affordable housing for low income and vulnerable populations. Since its inception in 2017, the IHTF helped create 1,397 affordable units in 20 developments in the region, leveraging over $560 million in public and private capital sources. • Organizational Structure: Local Housing Trust
• Year Established: 2017
• Annual budget for Fiscal Year 2021-2022: $25 million for affordable housing. • Programs and activities administered: Gap financing to create or preserve affordable housing and permanent or transitional housing for those at risk of experiencing homelessness.
• Top revenue sources: County budget allocation.
• Best practice recommendations: Foster public-private partnerships.

APPENDIX A: Existing Housing Trust Profiles

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SAN GABRIEL VALLEY REGIONAL HOUSING TRUST
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– The San Gabriel Valley Regional Housing Trust is a joint powers authority (JPA) created by Senate Bill 751 (Rubio) in early 2020. The Trust was established with the stated purpose of funding the planning and construction of housing for the homeless population and persons and families of extremely low, very low, and low income within the San Gabriel Valley, by receiving public and private financing and funds, authorizing and issuing bonds and other debt instruments. The Trust designated $835,000 in capital funding for a non-congregate (tiny home) Emergency Shelter Pilot Program totaling up to 60 units for emergency shelter. In 2021, the State earmarked $21 million of its the budget for the trust. The JPA is governed by a nine-member Board of Directors, seven of whom are representatives from jurisdictions that are members of the SGVRHT and two of whom are experts in housing and homelessness.
• Organizational Structure: Joint Powers Authority
• Year Established: February 2020, first grant awarded in February 2021 • FY 2020-2021 Total Income: $647,450 and $21 million earmark in State budget announced in 2021
• Programs and activities administered: Emergency shelter pilot project (tiny homes) and gap funding for affordable housing development.
• Top revenue sources: State Budget, Measure H Funds, and Homeless Initiative Innovation Funds
• Best practices: A variety of funding sources will allow more flexibility to address the strongest housing needs. Land banking is an ideal strategy for community land trusts.

Create NOFA applications that don’t require applicants to go through lengthy processes that they have already been through for other funds. Even cities that do not want affordable housing in their communities may still want to address housing needs at a regional scale.

Therefore, it is important to provide an option for being a supporter of the trust without being a member.

SAN MATEO HOUSING ENDOWMENT AND REGIONAL TRUST
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– In San Mateo County there are two regional housing trusts, a County-administered trust (explored in detail below) and San Mateo’s Housing Endowment and Regional Trust (HEART) is a JPA/ nonprofit fund operated throughout the County. While the County fund primarily uses sales taxes through Measure K to fund housing projects, HEART cannot directly obtain this funding and therefore uses different sources to augment housing support. To avoid duplication of services, APPENDIX A: Existing Housing Trust Profiles

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the two entities collaborate often to fund different types of projects and policies, harness different funding sources based on their eligibility, and partner on projects when appropriate. HEART noted that, while the County releases a NOFA for developers semiannually, development deals typically occur more often and much faster, so developers can work with HEART instead to minimize time and money lost in the bureaucratic cycle of hearings, long review periods, and commission meetings.

San Mateo’s HEART, both a Joint Powers Authority and nonprofit, has raised over $12 million since 2003—$2.9 million from the private sector and $9.5 million from the public—to fund the construction, renovation, or purchase of over 805 homes for low- and moderate-income families, representing nearly 10 percent of all new units built in San Mateo County in the last five years. This fund is invested in many developments representing a combined $217 million in direct economic activity, stimulating both construction and permanent jobs. HEART’s investment work has leveraged over $18 in funds from other sources for every $1 from HEART to bring additional resources into the region.13
• Organizational Structure: Joint Powers Authority and 501(c)3 Nonprofit • Year Established: 2003
• Percent of expense budget dedicated to operating costs: 94 percent • Annual budget for Fiscal Year 2015-2016: $1.6 million (revenue), $756,594 (expenses) • Programs and activities administered: Revolving loan fund (both First Time Homebuyer Loans and Development Loans), Green and Livable Accessory Dwelling Unit Resource (GLADUR) program
• Top revenue sources: public investment from the County of San Mateo and matching grants from the State of California
• Best practice recommendations:
• Gain activist interest to generate support for the trust without the trust becoming overtly political itself.
• Establish strong relationships with local jurisdictions. • Communicate often with local developers.
• Direct investment dollars from local jurisdictions back into their jurisdiction whenever possible.
• Hire outside consultants intermittently to perform loan underwriting or bookkeeping to keep in-house staffing low and reduce administrative costs • Operate as a dual Joint Powers Authority and nonprofit to allow the flexibility to operate with power as a jurisdiction while receiving money from the state and private 13 HEART of San Mateo, 2020, https://www.heartofsmc.org/about-heart/, accessed on April 7, 2020.

APPENDIX A: Existing Housing Trust Profiles

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contributions.
• Avoid accepting housing-dedicated funds from local governments because that money will theoretically be spent on housing in their own jurisdiction anyway. • Require that cities commit a percentage of their annual appropriations for the first five to ten years of the trust as their “membership dues”.

SAN MATEO COUNTY HOUSING TRUST
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– The County’s Department of Housing (DOH) operates the countywide regional housing trust.

The fund was initially started when the Board of Supervisors (BOS) allocated $13.4 million of unrestricted General Funds to affordable housing purposes, as derived from a one-time distribution of housing trust funds held by former redevelopment agencies in San Mateo County.

The County housing trust fund currently primarily uses sales taxes through Measure K to fund housing projects both in the unincorporated county and within cities. Measure K is a direct appropriation from the County’s BOS every two years. The allocation has increased over the years as demand from developers has increased, evidenced by more applications and larger loan requests. They also receive funding from HCD’s No Place Like Home (NPLH) fund and the California Emergency Solutions and Housing Program. The County releases two NOFAs annually, collaborating with developers throughout the year to ensure that their NOFA meets the needs of the affordable housing development community. Administrative costs are low for this fund, and it is set up so that most housing trust funds go directly towards the projects. • Organizational Structure: County (Department of Housing) • Year Established: 2013
• Percent of expense budget dedicated to operating costs: Not disclosed. DOH notes that they charge a 1.5 percent administrative cost fee as part of the loan application process, but it does not cover DOH’s costs to administer the trust.
• Available funds released in June 2019: $27.6 million available for affordable housing. Note that this is one of two NOFAs typically released per year. • Programs and activities administered: Revolving loan fund for multi-family affordable rental housing projects. This includes predevelopment, constriction, and permanent loans to developers for new developments and rehabilitation loans for existing affordable rental housing.
• Top revenue sources: Measure K funds
• Best practice recommendations:
• Release NOFAs on a consistent schedule because it allows developers to anticipate the APPENDIX A: Existing Housing Trust Profiles

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funds and better plan for affordable housing projects.
• Foster open and strong relationships with the development community and ask for feedback on programs.
• Work closely with jurisdictions to determine what they need without duplicating efforts.

SKID ROW HOUSING TRUST
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– The Skid Row Housing Trust (SRHT), a nonprofit focused on ending homelessness in Los Angeles County, has invested in 26 housing developments in 30 years, providing nearly 2,000 people with permanent homes and thousands more with transitional support on the way to more independent living. In 2018, SRHT generated revenue from development and service fees, foundation and corporate grants, government grants, and contributions for development of supportive and transitional housing. 14
• Organizational Structure: 501(c)3 Nonprofit
• Year Established: 1989
• Percent of expense budget dedicated to operating costs: 11.8 percent • 2018 annual budget: $39 million
• Programs and activities administered: Revolving loan fund, supportive services for the homeless, development and ongoing management and operation of permanent and supportive housing.
• Top revenue sources: Development and service fees
• Best practice recommendations: not available for interview

WEST HOLLYWOOD AFFORDABLE HOUSING TRUST FUND
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– The West Hollywood Affordable Housing Trust Fund (AHFT) is a City-operated housing trust fund established in 1986 to offset development impacts and generate additional resources to meet the affordable housing need. The City’s policy requires residential and commercial developers to provide affordable housing or pay an in-lieu fee to finance affordable housing development in the city. These two revenue streams provide the largest sources of revenue annually, but they vary widely based on the development cycle each year. For example, the City has annual revenue totals ranging from 1.8 million to 11 million in the past five years, solely due to varying contribution requirements written into development agreements. The West Hollywood AHTF requires at least 20 percent of units be designated low-income, and 60 percent of units be designated low- to 14 Skid Row Housing Trust, 2020, https://skidrow.org/about/impact/, accessed on April 7, 2020.

APPENDIX A: Existing Housing Trust Profiles

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moderate-income in all affordable housing projects funded. They perform nexus studies every three to four years to ensure the commercial linkage fees and residential in-lieu fees provide an adequate return on investment without crippling potential development projects and investor interests.
• Organizational Structure: City (Rent Stabilization & Housing Division) • Year Established: 1986
• Percent of expense budget dedicated to operating costs: 5-10% of administrative costs are permitted in the terms of money received from the residential in-lieu fees and the commercial linkage fees.
• 2019 annual budget: $1.7 million ($1.8 million in 2018, $3.4 million in 2017, $11 million in 2016, and $2.1 million in 2015)
• Programs and activities administered: Provide residual receipt loans for acquisition and rehabilitation or construction of new affordable housing developments with affordability restrictions for 55 or 57 years. Loans are forgivable if the term is fulfilled to annuity. They are interested in expanding to fund a first-time homebuyer program in the future. • Top revenue sources: Residential in-lieu fees (projects less than 10 units must pay an inlieu fee or restrict at least one unit to be affordable; projects with 11 or more units must dedicate 20% of units for low-income households) provide at least $600,000 annually and commercial linkage fees (commercial projects over 10,000 square feet must pay $9/square foot to the housing trust fund) contributes at least $600,000 annually to the fund as well. • Best practice recommendations: Given SBCOG’S scope, it would be very effective for any new trust to operate at a regional level and follow a JPA approach to give smaller communities with limited resources the ability to create affordable housing and address the housing shortage at a regional level. Seeing the benefits of a regional JPA approach to housing trust funds, West Hollywood is interested in banding together with other cities in Los Angeles to do follow a similar model in the future. Perform nexus studies every few years if fees are adopted to fund the housing trust to ensure they do not impose severe financial barriers to development. Work with developers continuously to understand barriers to affordable housing development and alleviate unnecessary development constraints.

APPENDIX A: Existing Housing Trust Profiles

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SAN BERNARDINO REGIONAL HOUSING TRUST WHITE PAPER | 53
APPENDIX A: Existing Housing Trust Profiles

KEY TAKEAWAYS FROM TRUST INTERVIEWS
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– The following synthesizes key takeaways reiterated by multiple established trusts in personal interviews.

1. Stable funding exists in the form of revolving loan funds, allocation of development fees, and matching funds from the state. While private donations and State budget allocations may occur in large sums, they are not indicative of funding that may be available annually.

2. Local support from the public and decision-makers is crucial to establish a housing trust. Lack of community support often stems from misinformation regarding the greater need for more affordable housing, so an effective campaign and outreach is critical for success.

3. Community Impact Notes (CINs) are an effective source of revenue for trusts. Trusts that do not currently offer CINs as a program note that it is their goal to become a CDFI and issue CINs in the future.

4. Housing is a regional issue, and this should be emphasized in campaign messaging to local government staff and officials whenever possible. However, local jurisdictions may be averse to contribute funds when there is no set guarantee of reinvestment back into their community.

Therefore, funds should be reinvested back into jurisdictions that contribute housing trust funds whenever feasible, though not established as a requirement. For example, if TOT revenues are funneled to a housing trust, then the trust should attempt to directed towards housing activities in that community.

5. Be wary of contributions from jurisdictions that may have that money earmarked for activities specific to their jurisdictional boundaries. For example, cities or counties with an inclusionary zoning ordinance may have regulations requiring that affordable housing in-lieu fees be directly invested back into that community. Therefore, any money donated from those jurisdictions would be earmarked to ensure they are allocated to activities in that jurisdiction. While this delineation of funds provides cities with protections on their investments, they restrict the ability of the housing trust to further leverage funds to enact greater change in the regional community.

6. Only provide loans to seasoned affordable housing developers, and work with them continuously to minimize development uncertainty and address barriers to affordable housing creation.

7. Reduce administrative costs by keeping staffing low, contracting out for underwriting services, and sharing costs with other nonprofits or partner agencies when possible.

8. Seek guidance and feedback with the developer community often to ensure programs funded by the trust are effective and user-friendly.

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STATE AND FEDERAL GRANTS
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PERMANENT LOCAL HOUSING ALLOCATION (PLHA) PROGRAM
Funded through the $75 real estate transaction fee established by Senate Bill (SB) 2, the PLHA Program is intended to provide a permanent source of funding for local governments to support affordable housing. PLHA funds are flexible and can be used for a variety of housing-supportive efforts, including as matching funds for local or regional housing trusts.

The 2019-2023 5-year PLHA Allocation for SBCOGs participating jurisdictions is estimated at approximately $31 million in formula (non-competitive) grants and competitive grants in San Bernardino County, with total funding available contingent upon the real estate transaction fees from year to year.15 The first NOFA for formula grants was issued in February 2020. Applications will program five years of PLHA formula funding and be issued on an annual basis, as real estate transaction fees are collected. While applications can only be submitted in response to a NOFA, local jurisdictions unable to submit applications for the 2020 NOFA, may apply in 2021 to redeem funding allocated for 2020. Under the Program, a Joint Powers Authority, such as a SBCOGadministered housing trust, could be delegated funds by a local jurisdiction, those funds could then be leveraged as matching funds needed to secure revenue from the competitive PLHA funds.

JURISDICTION FUNDING AMOUNT
Entitlement Communities
Apple Valley $1,725,366
Chino $1,496,190
Chino Hills $1,063,710
Fontana $5,886,732
Hesperia $3,034,662
Ontario $5,520,108
Rancho Cucamonga $2,702,856
Rialto $3,586,716
City of San Bernardino $273,393
Upland $1,667,022
Victorville $3,736,620
County of San Bernardino $727,093
15 The San Bernardino County PLHA allocation includes cities with populations smaller than 50,000. As an urban county, it is the County’s responsibility to utilize those funds within those those unincorporated areas and cities with populations smaller than 20,000.

A P P E N D I X B : H o u s i n g
Trust Funding Sources

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Yucca Valley City CouncilMarch 17, 2026

Yucca Valley City Council
March 17, 2026