CSA
Summary
Read the report at California State Auditor ↗
Orange County
Transportation
Authority:
An Analysis of Its Financial
Resources and Obligations
Table of Contents
Summary S-1
Introduction 1
Chapter 1
An Analysis of the Orange County
Transportation Authority’s Revenues
and Expenditures and Its
Debt Service Requirements 5
Chapter 2
The Orange County Transportation
Authority’s Plan To Manage Its Revenue
Loss Reduces Its Available Reserves 13
Appendix A
Distribution of Proceeds From
Orange County Bankruptcy Litigation 23
Appendix B
Orange County Transportation Authority
Restricted and Unrestricted Revenues 25
Appendix C
Orange County Transportation Authority
Debt Issues, Including Purpose, Amount,
and Source of Repayment 29
Response to the Audit
Orange County Transportation Authority 31
Summary
As a result of Results in Brief
legislative action
T
Aurdeilta tHedig tho lOigrahntgse . .. he Orange County Transportation Authority (OCTA) was
County’s established in 1991 by state law as the consolidation of
bankruptcy, OCTA
several agencies responsible for providing transportation
We found that:
will incur a
planning and services within Orange County (county). OCTA
$202 million
Ninety-eight percent oversees transportation services throughout the county.
revenue loss over
of OCTA’s fiscal
the next
Since its inception, OCTA has received more than $2.1 billion
year 1994-95
17 years.
from various revenue sources and spent approximately
revenues have
expenditure $1.7 billion on operations, capital projects, long-term debt, and
restrictions; and possible losses resulting from the county’s bankruptcy. The use
of approximately 98 percent of OCTA’s fiscal year 1994-95
revenues is limited to transportation purposes. Interest earnings
and miscellaneous revenues not restricted by statutes, contracts,
and official statements of debt previously issued make up the
remainder of the revenues.
As of June 30, 1995, OCTA’s outstanding long-term debt was
approximately $698 million with annual debt service
requirements of approximately $69 million.
Based on legislation approved by the governor in October 1995,
OCTA and the county exchanged revenue sources that can be
used only for various transportation purposes. The purpose of
the legislation was to aid in the county’s recovery from
bankruptcy. The net result over the 17 years of the mandated
exchange will be a $202 million loss in revenues to OCTA.
The OCTA Board of Directors (board) approved a plan to address
both the $38 million initial revenue loss in fiscal year 1996-97
and the $15 million annual loss that begins in fiscal year 1997-98.
The board proposes covering the initial revenue loss primarily
with $33 million from previously received Transportation
Development Act (TDA) sales tax revenues. It proposes
covering the annual $15 million loss for fiscal years 1997-98
through 2010-11 with an annuity funded by a one-time transfer of
$68 million from TDA funds from its commuter rail programs
and $5.7 million from other unrestricted revenues. Principal
plus interest from this funding will provide $8 million annually.
S-1
Another $4.4 million represents cost savings and funding
allocation reductions. The remaining $2.6 million annual
shortfall will be addressed as part of OCTA’s long-range
financial plan update in November 1996.
After addressing the revenue loss, approximately $69 million
remains from OCTA’s $174 million in unrestricted funds as of
June 30, 1995, that may be used for various transportation
purposes. TDA funds comprise $48 million of the $69 million.
However, OCTA has outstanding contracts for future services
against TDA funded operations totaling $57 million. Most of
the $48 million was on deposit in OCTA’s urban rail fund for
future projects. On July 24, 1995, the board authorized the
transfer of more than $50.6 million in cash and collateral from
the urban rail fund to other funds with short-term operating
needs. The transfer removed all cash from the urban rail fund.
The urban rail fund, which is not projected to have a need for
operating cash until after the year 2000, received settlement
secured and repayment claims in return for the cash and
collateral. Moneys used to account for OCTA’s internal risk
management activities comprise the remaining $21 million of the
$69 million.
Agency Comments
OCTA agrees with our report.
S-2
Introduction
Background
he Orange County Transportation Authority (OCTA) was
T
established in 1991 by state law as the consolidation of
several agencies to provide transportation planning and
services throughout Orange County (county). OCTA is
governed by an 11-member Board of Directors consisting
of 4 members of the county Board of Supervisors, 6 city council
members or mayors selected by all cities within the county, and
one public member selected by a majority of the other 10 board
members. A representative appointed by the governor serves in
a nonvoting capacity. A chief executive officer manages OCTA
in accordance with the direction, goals, and policies of the board.
OCTA oversees all transportation services within Orange County.
Its operations are divided into three components:
Freeway, road, and rail transit improvements authorized by
the voter-approved Measure M;
Bus and commuter rail operations; and
1
Other operations, including a freeway call box system and
removal of abandoned vehicles.
A major portion of OCTA’s spending is related to Measure M, a
measure approved by Orange County voters in November 1990
that provides revenues from a one-half percent sales tax for
20 years to pay for a variety of freeway, road, and rail transit
improvements in cities and the county. Measure M also
authorized OCTA to issue sales tax revenue bonds for
transportation purposes. As a result, OCTA has issued over
$700 million in debt since 1992 against future Measure M sales
tax revenues. During fiscal year 1994-95, Measure M revenues
totaled $189 million and represented 57 percent of total revenues.
Bus and commuter rail systems also comprise a major element of
OCTA’s operations. Funding is largely provided by a
one-quarter percent Transportation Development Act (TDA)
local Bradley-Burns sales tax, a TDA gasoline and diesel fuel
sales tax, passenger fares, federal grants, and property taxes.
Additionally, OCTA has issued approximately $35 million in
debt to acquire buses for its operations. TDA local
Bradley-Burns and gasoline and diesel fuel sales tax revenues
2
totaled approximately $76 million during fiscal year 1994-95 and
represented 23 percent of OCTA’s total revenues.
The remainder of OCTA’s operations account for various
projects and functions. For example, OCTA administers a
freeway call box system for use in emergencies and a freeway
service patrol that removes disabled vehicles from freeways in
the county. OCTA also operates a service to remove abandoned
vehicles from streets and roads throughout the county and
oversees various transit projects and capital acquisitions.
Orange County Bankruptcy
After its formation, the board authorized the investment of all
OCTA idle and designated cash in the county’s pooled
investment fund. However, on December 6, 1994, Orange
County and the pooled investment fund filed a petition for
bankruptcy under Chapter 9 of the United States Bankruptcy
Code. On that date, OCTA had over $1.13 billion deposited in
the pooled investment fund. A comprehensive settlement
agreement subsequently provided OCTA approximately
$896 million (79 percent) in cash as of June 30, 1995. The
agreement provides that OCTA will also receive $16 million
(1 percent) when collateral held by various brokerage houses is
3
sold. The agreement converts the remaining OCTA funds
invested in the pooled fund into settlement secured claims and
repayment claims. Settlement secured claims of approximately
$101 million (9 percent) have a first priority to receive moneys
recovered by the county from third-party defendants in the
bankruptcy litigation. Repayment claims of $120 million
(11 percent) have a second priority claim on any remaining
moneys from litigation recoveries.
In October 1995, to assist Orange County’s recovery from the
bankruptcy, the governor approved legislation that redirects
$38 million annually from OCTA to the county for 15 years
beginning July 1, 1996, and $23 million annually from the county
to OCTA for 16 years beginning July 1, 1997. As a result of the
exchange, the county will benefit by $202 million over the
17-year period covered by the legislation. However, an
agreement incorporates provisions of the legislation and entitles
OCTA to receive $225 million after the payment of settlement
secured and repayment claims. Nevertheless, OCTA
management considers it unlikely that moneys received in the
next 5 years will be sufficient for OCTA to recover more than the
settlement secured claims.
4
Scope and Methodology
The purpose of this audit was to obtain detailed information
about the status of the public resources held by OCTA.
Specifically, we reviewed and evaluated the laws, rules, and
regulations relevant to OCTA and its transportation programs,
and we conducted interviews with OCTA personnel.
To determine the financial condition and fund balances as of June
30, 1995, we reviewed the audited general purpose financial
statements and identified the availability of funds for specific
purposes.
To review and assess the historical and projected revenues and
expenditures, we reviewed OCTA’s general purpose financial
statements for fiscal years 1991-92 through 1994-95 and its
budget for fiscal year 1995-96. Additionally, we identified
reasons for significant changes in revenues and expenditures.
To determine whether certain sources of funds are restricted by
law, their allowable uses, and their percentage of total revenues,
we reviewed the laws and regulations that govern the sources of
funds for OCTA, identified the sources that have restricted uses,
5
and calculated the amount and percentage of revenue sources that
are restricted by law.
To determine the future debt service requirements, whether
certain revenues have been pledged for the debt service
payments, the annual amount of such pledges, and the percentage
of the annual debt service payments to the total annual budget,
we reviewed official statements for outstanding debt service.
To review and assess any other issues or situations that may
affect future revenues and expenditures, we examined OCTA’s
15-year financial plan to manage the revenue shortfall resulting
from the enactment of legislation substituting OCTA TDA sales
tax revenues for county gasoline tax revenues.
6
Chapter 1
Revenues and Expenditures
During the four-year period from fiscal year 1991-92 to fiscal
year 1994-95, OCTA received over $2.1 billion from revenues
and used approximately $1.8 billion to pay for its operations,
capital outlay, outstanding long-term debt, and its potential
$221 million loss resulting from the county’s bankruptcy.
Furthermore, for fiscal year 1995-96, OCTA projects
approximately $617 million in expenditures to be funded
by $351 million of expected revenues with the remaining
$266 million coming from its reserves, including unspent bond
proceeds. Revenues include all recurring and nonrecurring
sources of funds, including sales taxes, federal grants, and
bond proceeds. We summarize the annual revenues and
expenditures, excluding the potential bankruptcy loss, in Table 1
below.
7
Table 1
Orange County Transportation Authority
Revenues and Expenditures
Fiscal Years 1991-92 Through 1995-96
(in Thousands)
Four-Year Budgeted
1991-92 1992-93 1993-94 1994-95 Total 1995-96
Total revenues $ 286,708 $937,601 $545,227 $ 331,368 $2,100,904 $ 351,363
Total expenditures 321,108 437,939 389,478 389,046 1,537,571 616,874
Excess (Deficiency) of
Revenues Over
Expenditures $ (34,400) $499,662 $155,749 $ (57,678) $ 563,333 $(265,511)
Highlights of Fiscal Year 1994-95
and Fiscal Year 1995-96
Recurring revenues over the period reviewed have fluctuated
slightly. Sales taxes, which comprise approximately
$200 million of annual revenue, have increased slightly at a
relatively stable rate. These revenues are largely generated from
the one-half percent Measure M sales tax approved by county
voters in November 1990 and from the one-quarter percent local
Bradley-Burns sales tax.
OCTA’s expenditures are expected to increase significantly over
the same period for several reasons. Its expanded rail service
offered to commuters traveling from the county to Los Angeles
and from the county to Riverside is expected to bring a
significant increase in transit and rail operation costs for fiscal
8
year 1995-96. OCTA also projects a $21 million increase in its
contributions to other agencies for fiscal year 1995-96 because of
planned additional disbursements of Measure M funds to cities
and the county to pay for local transportation projects.
Within its classification of nonrecurring revenues and
expenditures, OCTA receives funds from other governments
for freeway and highway projects as well as other
transportation-related capital projects. While OCTA expects
decreased funding from local governments for fiscal year
1995-96, it expects increased funding from the federal
government for a freeway construction project and for the
purchase of buses and other equipment. OCTA’s capital outlay
expenditures vary between the years depending on when work is
completed for various construction projects. Although its fiscal
year 1995-96 budget reflects a significant increase of capital
outlay for a $220 million construction project, OCTA’s Financial
Planning and Analysis manager believes that no expenses will be
incurred for the project during the fiscal year.
Operating transfers in and out, which reflect transfers of revenue
from funds authorized to receive it to funds authorized to spend
it, are expected to decrease in fiscal year 1995-96 because OCTA
9
anticipates that fewer transfers will be necessary to pay for its
outstanding debt and Measure M-related construction projects.
OCTA transferred $170 million of its reserves in fiscal year
1994-95 to help fund its commuter rail operations and transferred
$25 million to fund its risk management activities. OCTA
expected no similar transfers during fiscal year 1995-96.
As a result of the county’s bankruptcy, OCTA reported in fiscal
year 1994-95 a potential $221 million loss. One hundred and
one million dollars represents settlement secured claims which
have a first priority to receive moneys recovered by the county
from third-party defendants in the bankruptcy litigation. The
remaining $120 million in repayment claims have a second
priority claim on any moneys recovered from the litigation, and
are even less likely to be repaid in the near future. OCTA does
not expect to receive moneys for its repayment claims within the
next five years.
Appendix A identifies OCTA’s recurring revenues and
expenditures, nonrecurring revenues and expenditures, internal
transfers, and the potential loss resulting from the county’s
bankruptcy for the four-year period from fiscal year 1991-92 to
fiscal year 1994-95, and its projections for fiscal year 1995-96.
10
11
Sources of Revenues
and Allowable Uses
OCTA has various sources to fund the operations within
its three components. However, many of these sources restrict
expenditure of the funds to transportation purposes. Restricted
revenue accounts for approximately 98 percent of the total
revenues for fiscal year 1994-95.
Measure M, the one-half percent sales tax approved by the
county voters in 1990, is intended to provide funds for specified
construction projects and is pledged to pay for principal and
interest on the sales tax revenue bonds issued by OCTA to
finance the projects. Contributions from the State and local
governments and interest earned on Measure M funds also
provide funding for these operations. Measure M revenues from
these sources were approximately $189 million in fiscal year
1994-95. Of this amount, approximately $65 million is pledged
to pay bond principal and interest, with the remaining
$124 million to be used to pay for Measure M construction
projects.
OCTA’s bus and rail operations are funded by federal grants,
interest, passenger fares, and property taxes, and from TDA sales
12
tax revenues and gasoline and diesel fuel sales tax revenues
received in OCTA’s other operations. Federal law requires that
federal grants be used for various transportation projects and
activities, including highway construction and mass
transportation capital projects, and for mass transportation
operating costs. Although no statutes or official statements
specifically require the use of farebox revenues and property
taxes to pay for bus operations, OCTA would need to use more
non-Measure M sources, such as TDA revenues, to subsidize its
bus operations if these funds were used for other purposes.
Approximately $1.4 million of the $25.5 million farebox
revenues received during fiscal year 1994-95 is pledged to pay
for principal and interest on certificates of participation issued in
1990 by OCTA. Additionally, of the $93 million of property
taxes, federal grant revenues, TDA local Bradley-Burns sales tax
revenues, and TDA gasoline and diesel fuel sales tax revenues
received in fiscal year 1994-95, $1 million is pledged to pay for
an interest payment for the certificates of participation issued in
1993.
OCTA’s other operations, such as its local transportation, state
transit assistance, and freeway call box aid system, are largely
13
funded from TDA local sales tax revenues, TDA gasoline and
diesel fuel sales tax revenues, vehicle registration fees, interest,
and fines. The TDA sales and gas tax revenues represent
23 percent of the fiscal year 1994-95 total revenues. While the
one-quarter percent TDA sales tax and the TDA gas and diesel
fuel tax provide most of the required funding for bus and rail
operating systems, they also fund administration, planning, and
other transportation services and capital improvements. Vehicle
registration fees fund the call box motorist aid system
and the removal of abandoned vehicles within the county.
Contributions from the State and local governments provide
additional funding for specific projects stated in contracts and
agreements such as for the call box motorist aid system. Fines
collected by the county for violating high occupancy vehicle lane
laws are allocated to OCTA and must be used to improve traffic
flow and traffic operations on the state highway system in the
county.
Two percent of OCTA’s fiscal year 1994-95 revenues are not
restricted to specific uses by statutes, contracts, or official
statements of debt issued by OCTA. The sources of these
revenues include interest earnings in various funds, rental
income, and fines.
14
Appendix B identifies the revenues with limited uses within
OCTA’s operations, the basis for use of the revenues and their
allowable uses, and the revenues that are not restricted in their
use. In addition, the table identifies the dollar amount of each
revenue for fiscal year 1994-95.
Debt Service Requirements
As shown in Table 2, OCTA’s long-term debt outstanding as of
June 30, 1995, was approximately $698 million, and over the
remaining term of the debt it will pay interest totaling
approximately $372 million. As of June 1995, OCTA also has
approximately $74 million of short-term tax-exempt commercial
paper outstanding with budgeted interest payments of $4 million.
Table 2
Orange County Transportation Authority
Annual Long-Term Debt Service Obligation
(in Thousands)
Due in
Fiscal Year Principal Interest Total
1995-96 $ 29,080 $ 38,171 $ 67,251
1996-97 32,585 36,781 69,366
1997-98 33,960 35,323 69,283
1998-99 35,410 33,718 69,128
1999-00 37,000 31,997 68,997
15
Thereafter 530,375 196,145 726,520
Totals $ 698,410 $372,135 $1,070,545
Appendix C provides additional information about the long-term
debt incurred by OCTA, including the purpose for each issuance
of debt, and the source of the revenue pledged to be used for
payment of the debt. The three Measure M sales
tax revenue bonds comprise approximately $663 million
(95 percent) of the outstanding debt, and require more than
$360 million in interest payments over the remaining term of the
debt. These bonds were issued to finance capital improvements
to the freeways, streets, and roads, and for the operation of transit
programs within the county. The principal and interest will be
repaid from Measure M sales tax revenues and interest on the
related funds. The remaining $35 million (5 percent) of the
outstanding debt is made up of certificates of participation issued
to acquire and install a freeway call box system throughout the
county and to acquire buses, vehicles, and equipment for
OCTA’s transit operations. The principal and interest on the
debt will be repaid with farebox revenues, federal grants, TDA
funds, property taxes, vehicle registration fees charged to all
vehicles registered in the county, and various other revenues as
stated in Appendix C.
16
Chapter 2
15-Year Diversion Plan
To assist the county’s recovery from bankruptcy, the governor
approved legislation in October 1995 that redirects $38 million in
TDA revenues annually from OCTA to the county’s general fund
for 15 years beginning July 1, 1996. The TDA revenue is
provided from a one-quarter percent local Bradley-Burns sales
tax collected by the Board of Equalization and returned to the
county from which the taxes were collected. The county
distributes these sales tax revenues to OCTA for public
transportation operating and capital expenditures. In exchange
for the loss of the TDA sales tax revenue, the governor approved
legislation that redirects $23 million in gasoline tax revenues
annually from the county to OCTA for 16 years beginning July 1,
1997. These taxes are distributed by state law to counties for
road projects. Thus, the county and OCTA exchanged revenue
sources that previously could only be used for transportation
purposes so that the county’s general fund would have increased
revenues.
As a result of the revenue exchange, OCTA will incur a
$38 million loss in revenues for fiscal year 1996-97, a
17
$15 million annual loss in revenues for 14 years beginning in
fiscal year 1997-98, and a $23 million annual gain for fiscal years
2011-12 and 2012-13. As shown in Table 3 below, the total loss
to OCTA is $202 million. However, the legislation that caused
the revenue exchange stipulates that the legislation may not be
used to justify reductions in existing bus and paratransit services.
Table 3
Orange County Transportation Authority
Redirection of Revenues Between OCTA
and Orange County
(in Millions)
Fiscal Year
1997-98
to
Revenue Exchange 1996-97 2010-11 2011-12 2012-13 Total
Orange County to OCTA $ 0 $ 322a $23 $23 $ 368
OCTA to Orange County 38 532b 0 0 570
Gain (Loss) to OCTA $ (38) $ (210) $23 $23 $ (202)
a Represents $23 million redirected annually for 14 years.
b Represents $38 million redirected annually for 14 years.
Fiscal Year 1996-97 Shortfall
To address the $38 million revenue loss of fiscal year 1996-97
TDA sales tax revenues that traditionally would have been used
to subsidize bus operations, the board approved a plan to:
18
Transfer to its bus operations $33 million of previously
received TDA revenues plus previously earned interest
deposited in Orange County Unified Transportation Trust
(OCUTT) funds and $1.4 million in future interest earnings;
Reduce TDA planning and administrative costs by $2 million
through staff reductions; and
Transfer $1.6 million of its rail feeder service costs from bus
operations to the commuter rail program.
OCTA plans to invest approximately $33 million from its fund
balance, which along with future interest earnings, will be
sufficient to provide $34.4 million for bus operations in
fiscal year 1996-97. The board previously designated
$13.5 million of the $33 million for future construction projects.
The remaining $19.5 million represents the unreserved and
undesignated portion of fund balance for OCUTT. OCUTT
moneys, consisting of interest earned on TDA sales tax revenues,
were previously allocated to the county, cities in the county, the
State Department of Transportation, and OCTA for transportation
purposes. OCTA’s transfer of the moneys is appropriate
19
because bus operations are also an allowable use of TDA sales
tax revenues.
An additional $2 million will be made up by a reduction in
OCTA’s TDA planning and administrative costs. To accomplish
the plan, OCTA will reduce its administrative staff by
41 positions. As of January 24, 1996, OCTA notified its
employees of the reductions in staff. It expects to complete the
elimination of positions by July 1, 1996.
OCTA plans to transfer $1.6 million of its rail feeder service
costs to the commuter rail program. Currently, these costs,
which represent the costs of operating small buses that transport
persons from buses to commuter rail lines, are charged to its bus
operations. OCTA based its calculation of the $1.6 million on
the hours that its vehicles are in operation each year, the average
hourly cost of operating its vehicles, and the average passenger
fare revenue it expects to receive from passengers using the
service.
Fiscal Years 1997-98 Through
2010-11 Shortfall
20
To address the $15 million annual revenue loss beginning in
fiscal year 1997-98 and maintain adequate bus operations, the
board-approved plan will:
Establish an annuity within a Bus Operations Fund by using
TDA sales tax revenues from its commuter rail program and
from other unrestricted revenues that will provide $8 million
annually;
Reduce the funding allocation for bicycle and pedestrian
facilities programs by approximately $760,000; and
Continue to generate the $3.6 million annual cost savings
from the staff reductions and the transfer of the rail feeder
service costs first obtained in fiscal year 1996-97 as discussed
in the previous section.
The plan has an annual $2.6 million shortfall that has not been
addressed by the board. OCTA has several options under
consideration to address this remaining revenue loss.
The majority of the $15 million revenue loss will be compensated
by OCTA establishing an annuity within a Bus Operations Fund.
21
This annuity will provide $8 million annually from fiscal year
1997-98 through fiscal year 2010-11. To accomplish this, in
early 1996 OCTA plans to transfer to the Bus Operations Fund
approximately $68 million of TDA sales tax revenues from its
commuter rail program and $5.7 million from other unrestricted
revenues. High occupancy vehicle fines, TDA funds in transit
capital reserves, a Department of Transportation escrow account
related to bus operations, and the cost savings from reduced TDA
funding for bike path and sidewalk improvements comprise the
unrestricted revenue sources. The investment of these moneys is
expected to earn an additional $5.7 million by July 1997. OCTA
believes that it can generate $8 million annually by withdrawing
a portion of the $79.4 million of transferred funds and interest
earnings for each of the 14 years beginning in fiscal year
1997-98. The $79.4 million would need to earn approximately
5 percent interest to annually meet this goal.
Two percent of the TDA sales tax revenue that OCTA receives is
allocated to bike path and sidewalk improvement programs in
accordance with state law. However, since TDA revenues will
be reduced by $38 million annually beginning in fiscal year
1996-97, the allocation will be reduced by $760,000 (2 percent).
OCTA plans to include the cost savings for fiscal year 1996-97 in
22
the Bus Operations Fund. Beginning in fiscal year 1997-98,
OCTA plans to apply the annual cost savings to the $15 million
annual shortfall.
OCTA has several options that it is considering to address the
remaining $2.6 million annual shortfall. According to the
assistant executive officer, it could:
Increase its passenger fares, which would provide
$1.6 million in revenues from a 10 cent increase and
$3.3 million in revenues from a 20 cent increase;
Reduce its bus service operating and capital costs by
$2.6 million;
Increase property tax revenues allocated to OCTA that were
reduced by approximately $3 million beginning in fiscal year
1992-93 as a result of a change in state law; however, this
option would require the enactment of legislation introduced
in February 1995; and
Receive some of the secured settlement claims from the
county’s bankruptcy.
23
According to the assistant executive officer, these options are
likely to be addressed as part of OCTA’s long-range financial
plan update in November 1996.
Available Funds
As shown in Table 4, approximately $851 million (83 percent) of
OCTA’s $1 billion fund balance as of June 30, 1995, is deposited
in funds that may be used only for specific transportation
purposes:
Approximately $428 million is restricted to pay for
outstanding long-term contracts for expansion of the county’s
freeway and road systems and for administrative services and
supplies.
Federal grants to OCTA of $114 million are restricted to
acquiring capital assets for its bus operations.
OCTA reserved $78 million for freeway construction projects
that, upon completion, become the property of the State.
24
OCTA may not receive over $101 million for settlement
secured claims related to the county’s bankruptcy. The
$101 million is the maximum potential loss if OCTA receives
nothing from the first priority claims in the bankruptcy
litigation. OCTA has already recognized as a loss $120
million related to the second priority claims in bankruptcy
litigation and, thus, it is not part of the fund balance shown on
Table 4.
OCTA also set aside a required $65 million of its fund
balance to pay the principal and interest on its outstanding
long-term debt if other moneys are not available.
Over $47 million is comprised of OCTA’s Measure M
resources intended to be used for its commuter rail programs.
OCTA reserved $7.3 million to pay for professional services
and other costs related to the purchase of land for freeway
right of way.
Although OCTA has not specifically reserved approximately
$10.7 million for future use, these moneys are restricted for
25
Measure M-approved projects, OCTA’s freeway emergency
system, and its removal of abandoned vehicles.
26
Table 4
Orange County Transportation Authority
Restricted and Unrestricted Fund Balance
June 30, 1995
(in Thousands)
Other
Fund Balance Measure M Funds TDA Total
Total Fund Balancea $ 600,057 $ 151,711 $ 273,355 $ 1,025,123
Less:
Fund Balance Restricted for Specific Uses:
Federal grants 113,613 113,613
Measure M funds on deposit in
commuter rail funds 47,005 47,005
Construction in process held for Caltrans 78,117 78,117
Debt service 64,851 756 65,607
Encumbrancesb 418,070 5,218 4,338 427,626
Right of way costs 7,300 7,300
Settlement secured claims 67,168 3,406 30,625 101,199
Senior citizen fare stabilization subsidy
program designation 3,948 3,948
Unreserved—undesignated 36 6,712 6,748
Fund Balance Restricted for Specific Uses 601,078 129,705 120,380 851,163
Total Unrestricted Fund Balance (1,021)c 22,006 152,975 173,960
Less:
Applied to Fiscal Year 1996-97 shortfalld 33,022 33,022
Applied to Fiscal Year 1997-98 through
Fiscal Year 2010-11 annual shortfalle 72,081 72,081
Unrestricted Fund Balance Remaining $ (1,021) $ 22,006 $ 47,872 $ 68,857
a The fund balance presented does not include $147,000 invested in general fixed assets.
b An additional $640 million in outstanding contracts is not included although they represent
commitments of OCTA.
c The negative balance occurs because we have included the entire amount for settlement secured claims
as a restriction, whereas OCTA reported in its fund balance only the 98 percent that it expects to receive
in the future.
d The remaining $5 million of the total $38 million shortfall for fiscal year 1996-97 is comprised of
$1.4 million of future interest earnings, $2 million of future TDA planning and administrative costs,
and $1.6 million of future rail feeder service costs.
e The remaining $1.6 million of the $73.7 million used to set up an annuity to address the shortfall is
comprised of $474,000 of future high occupancy vehicle fines, $360,000 of unused moneys from a
completed transit project, and $760,000 of costs savings from reduced funding for bike path and
sidewalk improvements.
27
The remaining fund balance at June 30, 1995, that is unrestricted
is approximately $174 million. As shown in Table 4,
$153 million of this amount is comprised of TDA moneys.
However, as discussed on page 18, OCTA plans to use
approximately $33 million of TDA funds to compensate for its
fiscal year 1996-97 revenue loss, and approximately $72 million
of TDA funds to address the revenue loss for fiscal years 1997-98
through 2010-11. This leaves $48 million of OCTA’s June 30,
1995, fund balance, which is solely TDA funds, for use for
various transportation purposes. The remaining $21 million of
the $174 million unrestricted fund balance is largely comprised
of moneys used to account for OCTA’s internal risk management
activities.
28
Appendix A
Orange County Transportation Authority
Revenues and Expenditures
Fiscal Years 1991-92 Through 1995-96
(in Thousands)
Budgeted
FY 1991-92 FY 1992-93 FY 1993-94 FY 1994-95 FY 1995-96
Recurring Revenues and Expenditures—
Revenues:
Sales tax revenue $ 189,170 $ 199,614 $ 205,096 $ 214,093 $ 227,092
Interest 32,910 57,145 68,856 36,160 33,707
Transit farebox revenue 28,317 26,771 25,992 25,510 29,749
Federal operating assistance grants 9,679 11,429 10,777 8,990 6,430
Property taxes 7,455 4,757 5,071 4,359 4,850
Registration fees 2,328 4,029 4,070 4,067 4,073
Miscellaneous revenues 1,881 17,533 5,163 3,962 6,844
Total 271,740 321,278 325,025 297,141 312,745
Expenditures:
Transit and rail operations a 89,466 90,059 95,355 87,024 107,146
Contributions to other agencies 24,291 26,821 50,634 41,936 63,157
Principal payments on long-term debt 50,170 31,215 19,810 28,730 29,080
Interest on long-term debt 8,054 16,122 31,936 45,652 42,171
General government b 30,341 40,231 49,479 45,119 40,531
Management fees 20,991 24,179 31,434 26,917 29,088
Call boxes 924 1,881 2,798 3,615 3,412
Abandoned vehicles 168 1,459 89 264 43
Total 224,406 231,967 281,535 279,257 314,628
Excess (deficiency) of recurring revenues
over expenditures 47,334 89,311 43,490 17,884 (1,883)
Nonrecurring Revenues and Expenditures—
Revenues:
Contributions from other governments 0 39,890 7,762 29,900 6,434
Federal capital assistance grants 14,968 18,672 8,567 4,327 32,184
Bond proceeds 0 557,761 203,873 0 0
Total 14,968 616,323 220,202 34,227 38,618
Expenditures:
Capital outlay 96,702 205,972 107,943 109,789 302,246
Total 96,702 205,972 107,943 109,789 302,246
Excess (deficiency) of nonrecurring revenues (81,734) 410,351 112,259 (75,562) (263,628)
over expenditures
Transfers:
Operating transfers in 72,119 167,006 243,672 188,034 151,051
Operating transfers out (72,119) (167,006) (243,672) (188,034) (151,051)
Residual equity transfers in 4,683 80,515 0 195,149 0
Residual Equity Transfers Out (4,683) (80,515) 0 (195,149) 0
Total 0 0 0 0 0
Potential Bankruptcy Loss:
Repayment claims 0 0 0 120,280 0
Settlement secured claims 0 0 0 101,199 0
Total 0 0 0 221,479 0
Excess (Deficiency) of Revenues Over Expenditures
and Potential Bankruptcy Loss $ (34,400) $ 499,662 $ 155,749 $ (279,157) $ (265,511)
a Excludes depreciation and internal charges for employee health coverage, workers’ compensation, and general liability.
29
b Excludes internal charges for employee health coverage, workers’ compensation, and general liability.
30
Blank page inserted for reproduction purposes only.
31
Appendix B
Orange County Transportation Authority
Restricted and Unrestricted Revenues
(in Thousands)
Fiscal Year
1994-95
Revenue
from
Revenue Basis for Use Allowable Uses Source
RESTRICTED REVENUES
Measure M Operations
Sales and use taxes Public Utilities Code, Construction and improvement of state and $138,261
Sections 180205, 180251, 180260 federal highways
Construction, maintenance, improvement, and
Orange County Local operation of local streets, roads, and highways
Transportation Authority Construction, maintenance, improvement, and
Ordinance Number 2 operation of transit services and facilities (bus,
rail, and rapid transit)
Sales Tax Revenue Bonds Official Payment of principal and interest on sales tax
Statements revenue bonds
Pledge as security for sales tax revenue bonds
Contributions from other governments Contracts, Agreements, Specific projects as stated in contracts and 27,588
Memoranda of Understanding agreements
Interest Orange County Local Construction and improvement of state and 23,600
Transportation Authority federal highways
Ordinance Number 2 Construction, maintenance, improvement, and
operation of local streets, roads, and highways
Sales Tax Revenue Bonds Official Construction, maintenance, improvement, and
Statements operation of transit services and facilities (bus,
rail, and rapid transit)
Payment of principal and interest on sales tax
revenue bonds
Pledge as security for sales tax revenue bonds
Total Measure M Revenues 189,449
Bus and Rail Operations
Passenger fares OCTA Board of Directors Operating costs of public transportation 25,510
systems
1990 Certificates of Participation Payment of principal and interest on
Official Statement outstanding indebtedness
Pledge as security for certificates of
participation
Federal grants United States Code, Title 23, Highway construction and improvements 13,317
Sections 133, 149 Carpool projects and bikeways
Surface transportation planning
Transportation enhancement activities
Transportation activities that contribute to air
quality improvement
32
Fiscal Year
1994-95
Revenue
from
Revenue Basis for Use Allowable Uses Source
Federal grants (continued) United States Code, Title 49, Capital projects and operating costs for mass
Sections 5307, 5309, 5310 transportation
Capital projects for fixed guideway systems
Transportation projects to assist services for
elderly and disabled persons
Payment of principal and interest on
1993 Certificates of Participation outstanding indebtedness
Official Statement Pledge as security for outstanding indebtedness
Interest Public Utilities Code, Capital, operating, and maintenance costs of 8,070
Section 99301 public transportation systems and passenger
rail services
Property taxes 1993 Certificates of Participation Payment of principal and interest on 4,359
Official Statement outstanding indebtedness
Pledge as security for outstanding indebtedness
Total Bus and Rail Revenues 51,256
Other Operations
Transportation Development Act sales and Public Utilities Code, Administrative costs 73,808
use taxes Sections 99233.1 to 99233.9, Transportation planning and programming
99260, 99262, 99275, 99301, Pedestrian and bicycle facilities
99312, 99400 Capital, operating, and maintenance costs of
public transportation systems and rail
1993 Certificates of Participation passenger service operations
Official Statement Public transportation research
Community transit services
Acquisition and construction of other major
capital improvements
Payment of principal and interest on
outstanding indebtedness
Pledge as security for certificates of
participation
Transportation Development Act Public Utilities Code, Community transit services 2,024
gasoline and diesel fuel sales and Sections 99275, 99312, 99313, Capital and operating costs of public
use taxes 99313.3, 99313.6, 99314, 99400 transportation systems and rail passenger
service operations
California Code of Regulations, Transportation services and planning
Title 21, Sections 6730, 6731 Payment of principal and interest on
outstanding indebtedness
1993 Certificates of Participation Pledge as security for certificates of
Official Statement participation
Vehicle registration fees Streets and Highways Code, Implementation, maintenance, and operation of
Sections 2557, 2558 a motorist aid system of call boxes
Motorist aid services or support
Vehicle Code, Section 22710 Costs to review motorist aid plan and any
amendments
1987 Certificates of Participation Abatement, removal, and disposal of
(SAFE) Official Statement abandoned, wrecked, dismantled, or
inoperative vehicles from public and private
property in Orange County
Payment of principal and interest on
outstanding indebtedness
Pledge as security for outstanding indebtedness
Interest Public Utilities Code, Administrative costs 2,472
Sections 99301, 99301.5, 99301.6 Transportation planning and programming
33
Fiscal Year
1994-95
Revenue
from
Revenue Basis for Use Allowable Uses Source
California Code of Regulations, Pedestrian and bicycle facilities
Title 21, Section 6750(d) Public transportation research
Community transit services
Acquisition and construction of other major
capital improvements
Allocations to Orange County, Orange County
cities, OCTA, and Department of
Transportation for state highway programs and
1987 Certificates of Participation local street and road improvements
Official Statement Payment of principal and interest on
outstanding indebtedness
Pledge as security for certificates of
participation
Contributions from other governments Contracts, Agreements, Specific projects as stated in contracts and 2,312
Memoranda of Understanding agreements
Fines Penal Code, Section 1463.26 Improve traffic flow and traffic operations on 122
the state highway system in the county
Total Other Revenues 84,805
Total Restricted Revenues 325,510
UNRESTRICTED REVENUES
Measure M Operations
Miscellaneous 104
Bus and Rail Operations
Miscellaneous 3,138
Other Funds
Miscellaneous 598
Interest 2,018
Total Unrestricted Revenues 5,858
TOTAL REVENUES $331,368
34
Blank page inserted for reproduction purposes only.
35
Appendix C
Orange County Transportation Authority
Debt Issues, Including Purpose, Amount
and Source of Repayment
Original Source of Principal Repayment—
Debt Series Purpose Principal Dedicated Fund Sources
Certificates of Participation Provide funds for the acquisition and $ 4,945,000 Vehicle registration fees and related interest
Freeway Call Box System installation of a motorist aid freeway
Acquisition Program call box system
1987 September 1987
Certificates of Participation Acquisition and improvement of newly 13,655,000 Farebox revenues and contract service
1990 Bus Acquisition Project manufactured buses and the acquisition revenues collected in connection with bus
1990 December 1990 of spare parts for those buses operations
Certificates of Participation Finance the acquisition of up to 21,100,000 Federal Transit Administration (FTA)
California Transit Finance 90 transit vehicles and certain Section 9 grants, Local Transportation Fund
Corporation, 1993 Series C miscellaneous equipment related to the (LTF) and State Transit Assistance Fund
1993 June 1993 vehicles (STAF) allocations, and property taxes
Measure M Sales Tax Revenue Finance a portion of the costs of the 350,000,000 Sales tax revenues and related interest
Bonds, First Senior Bonds Revised Orange County Traffic
1992 August 1992 Improvement and Growth Plan, a $3.1
billion program to improve freeways,
streets and roads, and transit within the
county
Measure M Sales Tax Revenue Finance a portion of the costs of the 190,000,000 Sales tax revenues and related interest
Bonds, Second Senior Bonds Revised Orange County Traffic
1992 September 1992 Improvement and Growth Plan, a $3.1
billion program to improve freeways,
streets and roads, and transit within the
county
Measure M Sales Tax Revenue Finance a portion of the costs of the 200,000,000 Sales tax revenues and related interest
Bonds, Second Senior Bonds Revised Orange County Traffic
1994 February 1994 Improvement and Growth Plan, a $3.1
billion program to improve freeways,
streets and roads, and transit within the
county
36
37