SECTIONS 90070-90078 - California Statutes

PUBLIC UTILITIES CODE

SECTION 90070-90078

90070. The Board of Supervisors of San Diego County shall call an
election in the area to be included within the district on the
question of the formation of the district if either of the two
conditions specified below is met:
(a) A petition calling for the formation of the district is filed
with the board of supervisors from each of the seven cities specified
in Section 90050. Each of the petitions from the seven respective
cities shall be signed by a number of signers equal to at least five
percent (5%) of the voters registered for the last municipal election
in each particular city. A petition may be on separate papers, but
each paper shall contain the affidavit of the person who circulated
it, certifying that each name signed thereto is a true signature of
the person whose name it purports to be.
(b) A resolution of consent calling for the formation of the
district is filed with the board of supervisors from each of the city
councils of the seven cities specified in Section 90050; provided,
that the requirements of this section shall be deemed to have been
met if a combination of petitions and resolutions of consent have
been filed with the board of supervisors, so long as each of the
seven cities specified in Section 90050, either through a petition or
by a vote of the city council, has authorized the calling of an
election for the formation of the district.

90071. Each signer of a petition within a particular city shall be
a registered voter and resident of that city.

90072. Upon receipt of the resolutions or petitions, or sufficient
combination of both, the board of supervisors shall call a hearing
thereon not less than 77 days nor more than 91 days following the
receipt of all of the required resolutions or petitions, or both. The
board of supervisors shall publish notice of said hearing in any
newspaper of general circulation published within the proposed
district in accordance with Section 6066 of the Government Code. The
notice shall state the name and nature of the proposed district, that
all petitions and resolutions may be inspected at the office of the
clerk of said board of supervisors, that the proposed district shall
include the seven cities specified in Section 90050, the boundaries
of any unincorporated territory proposed for inclusion, the time and
place for the hearing, and that all interested persons shall be given
an opportunity to express their views.

90073. At any time within 30 days following the receipt by the
board of supervisors of petitions or resolutions, or both, requiring
the calling of an election pursuant to Section 90070, the board of
supervisors may adopt a resolution of intention to include within the
proposed San Diego County Transit District any unincorporated
territory eligible for inclusion in the district as provided in
Section 90050, and shall adopt such resolution of intention as to any
such unincorporated territory upon receipt within such 30-day period
of a petition signed by a number of signers equal to at least 5
percent of the voters registered for the last general election within
any such territory requesting its inclusion in the proposed district
and describing its boundaries. The board of supervisors by its
resolution and registered voters by their petitions may propose the
inclusion of such unincorporated territory in separate areas which
are not themselves contiguous to each other. The board of supervisors
shall, upon its adoption, refer such resolution of intention to the
San Diego County Local Agency Formation Commission, which shall
report to the board of supervisors within 30 days following receipt
of the referral.

90074. At the hearing, the board of supervisors shall have the
power to exclude any unincorporated territory which, in its
determination, would not receive reasonable benefit from inclusion in
the district. Any landowner within any unincorporated territory
proposed for inclusion may by written application request that the
board of supervisors consider the exclusion of his property as
described in his application from the proposed district. At the
conclusion of the hearing the board of supervisors shall determine
the boundaries of any unincorporated territory to be included within
the proposed district and shall adopt its order calling the election
on the question of the forming of the proposed district, which
election shall be consolidated with the next succeeding primary or
general election occurring not sooner than 75 days following the
conclusion of the hearing.

90075. The election shall be called, noticed, held, and conducted,
election officers appointed, voting precincts designated, ballots
printed, polls opened and closed, ballots counted and returned,
returns canvassed, results declared, oaths of office administered,
and all other proceedings incidental to and connected with the
election shall be regulated and done, as nearly as may be
practicable, in accordance with the provisions of law regulating
municipal elections in general law cities.
For the purposes of the election, the terms "board of trustees"
and "city clerk," respectively, as used in the Elections Code
provisions respecting the conduct of elections in general law cities,
shall mean the county board of supervisors and the registrar of
voters, respectively, for the purpose of the election held under this
act.
An election called pursuant to the provisions of this act may be
consolidated with any other election pursuant to Part 3 (commencing
with Section 10400) of Division 10 of the Elections Code.

90076. The count of the votes of the election shall be conducted in
two parts (see Section 90050). One part shall consist of the votes
cast in the City of San Diego. The second part shall consist of the
votes cast in the Cities of Coronado, Imperial Beach, Chula Vista,
National City, El Cajon, and La Mesa and outside territory included
by the county board of supervisors, if any, at the time of election.

90078. If from the canvass it appears and the board of supervisors
finds that a majority of the votes cast in the City of San Diego and
a majority of the votes cast in the other section specified in
Section 90050 were cast in favor of the formation of the district, it
shall enter that fact upon its minutes together with a description
of the boundaries of the district and enter its order declaring the
district duly formed and existing in the county.