Fifty years ago in Yorba Linda: state Supreme Court clears hurdle for public vote on cityhood
Fifty
years ago this week a final hurdle to allowing Yorba Lindans to vote
on incorporating as a city was overcome, when the state Supreme Court
unanimously ruled a plebiscite on cityhood should proceed.
Opponents
to incorporation had challenged a 1966 Court of Appeals decision
overturning a 1964 Superior Court ruling that owners of oil and gas
leases qualified as landowners when they protested an incorporation
vote.
While
the Supreme Court didn't rule on the legal right of the leaseholders
to protest a vote, the court did say that many of the mineral rights
owner protests were filed too late to count.
The
assessed value of land and separately assessed mineral rights in
Yorba Linda at the time totaled $4.1 million. Owners of $2.4 million
worth of the land and rights, or 58 percent, signed protest letters
opposing the cityhood vote.
The
appeals court said none of the mineral rights valuations should be
included when deciding the validity of protests, but the Supreme
Court ignored that aspect of the case and ruled that some $800,000 of
the protesting valuations were filed three weeks past deadline.
“This
holding,” the court wrote in a decision released May 25, 1967,
“renders it unnecessary to consider other attacks made by the
plaintiffs,” who supported the incorporation vote. The trial
court's decision was reversed, and the county Board of Supervisors
ordered to schedule an election.
Many
past supervisors opposed incorporation efforts because they saw their
power waning as new cities were created, and significant funding for
their campaigns came from large land-owners and leaseholders wary of
increasing regulation from more municipal governments.
Now,
supervisors support the county's 34 cities annexing unincorporated
areas encircled by or adjacent to the cities. The county has
encouraged Yorba Linda to annex the Country Club and Fairlynn islands
over the years, but a majority of the some 1,500 registered voters in
the two areas always have opposed joining the city when the issue has
appeared on the ballot.
The
then-supervisors didn't appeal the court's 1967 decision and in
August held a public hearing to establish boundaries for the proposed
city and set an election date for Oct. 24.
The
legal firm Rutan & Tucker argued the case for the public vote,
with Homer McCormick and James Erickson as lead attorneys. Erickson
became Yorba Linda's first City Attorney, and Rutan & Tucker
currently represents the city in legal matters.
Seventy-two
percent of voters turned out to support cityhood with a 3-1 margin,
1,963 to 638. Twenty-seven candidates filed for the five City Council
positions on the same ballot, including at least four who opposed
incorporation.
The
winners – attorney Roland Bigonger, pharmacy owner Burt Brooks,
former postmaster Whit Cromwell, state safety engineer Bill Ross and
sales manager Herb Warren – held the first council meeting Nov. 2,
selecting Bigonger as first mayor.