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Mr. Michaelson offered into evidence a xerox copy of the Pacific Telephone Co. Yellow Pages which indicated that Blue-White Cab Co. is serving the City. He stated that the last date to accept such an advertisement was September 13, 1972, at which time Blue- White was not authorized to do business in the City. In rebuttal, Mr. Schlegel stated that Blue-White Cab had been operating legally due to pending appeals in Court; that his client had been very candid about the UTO operation; that Yellow Cab Co. has 38 permits but only has 20 cabs in operation and it is not fair to have the permits tied up in this manner; that Blue- White customers have been complimentary; that the serious aspects of Mr. Wiggins' arrest record have been expunged; and that the Council should make the finding that his client is fit and then discuss the issuance of permits. In rebuttal, Mr. Michaelson stated there is an outstanding judgment against Mr. Wiggins for court costs arising out of litigation between the two cab companies; and that the City Council should not in any way abdicate its duty by referring to anything another city has done. There were no other proponents or opponents, and the public hearing on the application of Blue-White Cab Co. was closed on motion of Councilman Herrin, seconded by Councilman Markel, and unanimously carried. RECESS At 2:45 P.M., a recess was declared. The meeting reconvened at 2:55 P.M. 'with all Councilmen present. Councilman Herrin's motion that a Certificate of Public Convenience and Necessity be granted to Gordon P. Wiggins, dba "Blue-White Cab Company," to do business and to operate taxicabs within the City of Santa Ana, upon a finding in accordance with the provisions of Municipal Code Section 38-2 et seq. that applicant is fit, willing and able to perform such public service and to conform to the provi- sions of the Municipal Code and the rules and safety standards established by the City, based on due consideration by the Council of the applicant's character, experience and responsibility, was seconded by Councilman Villa, and carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Villa, Evans, Markel Griset, Yamamoto, Patterson None Prior to voting, Councilman Herrin stated that he was resentful of the fact that Council is given the responsibility of singling out one particular type of business for determination as to whether or not a particular person is fit to operate that business; that he did not support many of the things brought to his attention during the hearings, however; and that it should be the responsibility of someone else to hold them accountable for any undesirable acts and not the City Council. Councilman Evans stated that he had felt from the start that the ordinance itself was insufficient in that it was difficult to enforce and difficult to interpret; that the'ordinance does not define such words as "fitness", "willingness", and "ability", and that he personally resented the fact that Blue-White operated within the City at a time when they had no aurhority to do so. CITY COUNCIL MINUTES 462 DECEMBER 18, 1972