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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 provisions 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 failed to carry on the following roll call vote: AYES: NOES: ABSENT: Herrin, Villa Evans Griset, Yamamoto, Patterson, Markel None Prior to voting, Councilman Evans stated that he believed the ordinance should be reviewed so that any taxicab company not operating within the law could be shut down, and suggested that both taxicab companies should exercise some discretion and judgment in the hiring of their drivers and that staff should use everything in its power to enforce laws pertaining to taxicabs. Councilman Yamamoto stated that Mr. Cole had lost his temper in the incident on the freeway and could have caused a fatality; and that it would be impossible for him to set a good example for his drivers. Councilman Patterson stated that he was amazed that Council, after hearing the evidence, could consider motions to approve the applica- tions. Mayor Griset stated that in his opinion, Mr. Cole had exhibited more responsibility than Mr. Wiggins, but on the basis of his behavior on the freeway, could not let Mr. Cole have a permit to operate public transportation in the City. Councilman Herrin stated that whether or not the applicants were fit to drive a taxi themselves was not the same as allowing them to do business in the City. Councilman Villa requested more details about the freeway incident, and the City Attorney stated that as he understood the facts, a woman had testified that her automobile had been struck by Mr. Cole's automobile six times, and that Mr. Cole had then left the freeway without communicating with her. Councilman Herrin's motion to consider the matter of distribution of permits at the next regular meeting, and to refer it to staff for investigation and recommendation, was seconded by Councilman Evans. Councilman Patterson stated that he did not think staff could possibly know what Council wanted after all of the hearings. Councilman Villa stated that he was opposed to the motion; that Council had already decided that 12 permits should be issued and that those 12 should be issued to Blue-White Cab Co. Councilman Evans withdrew his second to the motion on the floor, and seconded Councilman Villa's motion that 12 permits be granted to Blue-White Cab Co. The motion failed to carry on the following roll call vote: AYES: NOES: ABSENT: Villa, Evans, Herrin Griset, Yamamoto, Patterson, Markel None CITY COUNCIL MINUTES 465 DECEMBER 18, 1972