Horwath

The clerk of the County of San Mateo has called an election to be held Tuesday, June 7,1983, for the purpose of determining (1) *179 whether a city of East Palo Alto shall be organized, and (2) whether two public entity districts wholly within its proposed boundaries shall be dissolved, with their facilities reorganized as part of the proposed city.

The election has been called pursuant to the “District Reorganization Act of 1965,” found in Government Code section 56000 et seq. (hereafter DRA). DRA, among other things, provides for the reorganization of public districts, upon a majority vote, at an election petitioned for by not less than 5 percent of the resident voters within the concerned territory.

The superior court concluded that although proceedings under DRA were otherwise proper, the “Municipal Organization Act of 1977,” codified as Government Code section 35000 et seq. (hereafter MOA), “must prevail as to procedure.” Since MOA requires, for an election organizing or incorporating a city, a petition of “not less than 25 percent of the registered voters residing in the area” (Gov. Code, § 35130, italics added), the superior court found the scheduled election…

I respectfully dissent.

Having concluded that certain provisions in the competing statutes cannot be harmonized, I view the later expression of legislative intent contained in Government Code section 35000 et seq. as controlling.

Like the trial judge, I attach great significance to the fact that Government Code section 35130 specifically addresses the signature requirement for an incorporation petition, while the D.R.A. (Gov. Code, § 56000 et seq.) which provides a 5 percent sign-up for each of the other procedures it addresses, has no such specific requirement respecting incorporation.

I also regard LAFCO’s conclusion, pursuant to Government Code section 35264, that the two-year waiting period, being “detrimental to the public interest,” was waived, as wholly unsupported by factual findings required of the Agency (Gov. Code, § 35264).

For these reasons I would affirm the superior court’s order.

Respondents’ petition for a hearing by the Supreme Court was denied June 15, 1983.

Thomas R. Adams, Ann Broadwell and Adams, Broadwell & Russell for Real Party in Interest and Appellant.

Paul N. McCloskey, Jr., Patricia S. Brody, Denis R. Salmon and Brobeck, Phlegar & Harrison for Plaintiffs and Respondents.

OPINION

ELKINGTON, Acting P.J.

The clerk of the County of San Mateo has called an election to be held Tuesday, June 7, 1983, for the purpose of determining (1) whether a city of East Palo Alto shall be organized, and (2) whether two public entity districts wholly within its proposed boundaries shall be dissolved, with their facilities reorganized as part of the proposed city.

The election has been called pursuant to the "District Reorganization Act of 1965," found in Government Code section 56000 et seq. (hereafter DRA). DRA, among other things, provides for the reorganization of public districts, upon a majority vote, at an election petitioned for by not less than 5 percent of the resident voters within the concerned territory.

The superior court concluded that although proceedings under DRA were otherwise proper, the "Municipal Organization Act of 1977," codified as Government Code section 35000 et seq. (hereafter MOA), "must prevail as to…