Subject
title
Measure M2 Eligibility for the City of Orange
overview
Overview
The Orange County Transportation Authority’s Internal Auditor has released the results of an independent auditor’s report of the City of Orange’s compliance with the Measure M2 eligibility requirements for fiscal year 2022-23. The independent auditor’s report found the City of Orange lacked adequate documentation to support whether it had spent sufficient discretionary funds on streets and road purposes to meet the maintenance of effort requirement prescribed in the Measure M2 Ordinance. Based on this information, recommendations related the City of Orange eligibility and compliance with the Measure M2 Ordinance are presented.
recommendation
Recommendation(s)
A. Find the City of Orange an ineligible jurisdiction to receive or apply for net Measure M2 revenues.
B. Suspend net Measure M2 revenue payments to the City of Orange until the City of Orange can demonstrate compliance with Measure M2 eligibility requirements and the Board of Directors acts to find the City of Orange an eligible jurisdiction.
C. Require the City of Orange to demonstrate supplemental investment of discretionary transportation funds equal to the amount of discretionary investment that was short of the maintenance of effort benchmark in the fiscal year 2022-23 (approximately $1.12 million) as a condition of accessing suspended funds.
D. Authorize the Internal Auditor to engage independent auditing services to apply agreed-upon procedures to assess the City of Orange’s compliance with maintenance of effort expenditures and authorize staff to deduct audit costs from any future net Measure M2 payments to the City of Orange.
E. Authorize the Chief Executive Officer to negotiate and execute a settlement agreement with the City of Orange to correct and remedy the fiscal year 2022-23 audit issues and formalize required actions to become an eligible jurisdiction.