Affordable Housing in Moraga

By Michael Metcalf

"Affordable Housing" and its implications for Moraga are not widely understood, judging from questions I have been asked. Many people have their own interpretations, some quite incorrect. The following might help Moraga voters understand this important issue and why Moraga needs to address it seriously.

WHAT DOES "REGIONAL HOUSING NEEDS ALLOCATION" MEAN? The State Department of Housing and Community Development (HCD) forecasts state-wide housing needs based on forecasts of California's economic activity and demographics. The State then apportions housing needs to the major regions of the State. The Association of Bay Area Governments (ABAG) is the organization representing the nine Bay Area counties, which form one of the major regions. ABAG then allocates regional housing needs to the cities and towns of each county. These allocations are called RHNA.

HOW IS MORAGA'S RHNA DETERMINED? Several years ago, elected representatives and staff persons representing each county were assembled with ABAG to establish the methodology for determining RHNA for the upcoming planning cycle. In determining the allocation of a country's housing allocation to jurisdictions within each county, ABAG considered availability of land, economic activity and demographics within each jurisdiction. The process was conducted publicly in open meetings. Moraga and other cities and towns were notified of their new RHNA numbers late last year.

Individual jurisdictions are entitled to challenge their RHNA numbers, but in reality they have little say over their allocations. Given the availability of undeveloped land in Moraga, and the apparent demand for housing in all income categories, it made little sense for Moraga to challenge the RHNA numbers. I'm not aware of any Contra Costa jurisdiction that has successfully challenged ABAG on their RHNA.

WHAT IS MORAGA'S CURRENT RHNA? Moraga's new RHNA numbers call for 307 units (84 VL, 64 L, 97 M, and 62 MR). If a jurisdiction does not meet their RHNA for a planning period, there are provisions in law for carryover to the next planning period.

HOW DOES A JURISDICTION MEET ITS RHNA? A jurisdiction must reflect its plan for meeting its RHNA in the Housing Element of its General Plan. Each jurisdiction must establish goals and policies in the General Plan, and enact provisions in the Zoning Ordinance, to implement the Housing Element. The General Plan must remove obstacles to building the housing identified in the Housing Element. This does not imply that the jurisdiction would actually build any housing. The General Plan only demonstrates what housing would be allowed consistent with the mandated housing allocation and other goals and policies of the General Plan.

The Housing Element must be updated every five years. Moraga is presently preparing our updated Housing Element for submission to HCD in April 2009. The Housing Element must be certified by HCD. Moraga has always self-certified in the past, but this practice will not be allowed in the future.

WHY MUST MORAGA MEET IT RHNA? Since provisions for affordable housing are cast in state law, no individual town--including Moraga--is in a position not to comply with their RHNA. Some communities in the Bay Area have been challenged recently for non-compliance. I understand they are suffering as a result of judgments brought against them. Moreover, there are housing advocacy groups who have sued jurisdictions for non-compliance, with an ultimate goal to force the jurisdictions into compliance. I would not advocate non-compliance and willful violation of the law.

ARE THERE OTHER IMPLICATIONS OF AFFORDABLE HOUSING FOR MORAGA? In 1988 the voters of Contra Costa County approved Measure C, the Contra Costa Transportation Improvement and Growth Management Expenditure Plan and Ordinance. The Contra Costa Transportation Authority (CCTA) is charged with administering Measure C. In 2004, the voters approved Measure J, which extends Measure C for an additional 30 years. The transition to Measure J is essentially seamless. One important feature of both measures is the so-called "return to source" allocation of the 1% sales tax to local jurisdictions. The allocation is based on a formula combining population and miles of local streets and roads. For Moraga, the annual allocation is about $250,000. These are the funds that we rely upon for basic maintenance of our 56 miles of public roads.

In order for a jurisdiction to qualify for their allocation of return-to-source funds, every other year CCTA must approve a checklist that demonstrates the jurisdiction's compliance with the Growth Management Plan of Measure C. One measure of compliance is a jurisdiction's progress toward meeting its affordable housing goals as defied in the Housing Element of its General Plan. Failure to meet affordable housing goals, not having made significant progress toward meeting goals, or absence of effort toward meeting the goals, can be considered non-compliance. In the past, Moraga has had difficulty meeting the affordable housing goals and justifying to CCTA that there are sound reasons why the Town should not be considered non-compliant. Our current Housing Element identifies affordable in the Moraga Center Specific Plan as the principal way in which we intend to meet our RHNA numbers. Therefore, adoption of the Specific Plan is necessary for Moraga to be in compliance with Measure C (which rolls over to Measure J in April 2009). If the Moraga Center Specific Plan is not adopted, return-to-source funds will be at risk. Short of some form of annual Town-wide assessment, I do not know of any alternate source of funding in the amount of $250,000 for maintenance of our public roads.