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loss of income for drivers who cannot pick up fares in Santa Ana because they lack a permit; and that the letters and state- ments prove that there is a need and necessity for more taxi- cabs in the City. The following person spoke in opposition to the appeal: Barry Michaelson, 2122 N. Broadway Mr. Michaelson stated that he represented Yellow Cab Co.; he stated that all of the evidence had been submitted to the hearing officer; that the City's ordinance establishes the criteria and Blue-White Cab Co., has not met the criteria for the seven additional permits. Mr. Gordon Wiggins spoke in rebuttal to the opposition stating that convenience and necessity are not defined in the ordinance, which in effect, "leaves the hearing officer's decision up in the air." There were no further speakers, so the Mayor closed the public hearing. Because' the Hearing Officer's report indicated that the2e~as not sufficient evidence to grant additional certificates of convenience and necessity, Councilman Ward asked if there was a procedure to review the proportion of certificates held by each company. The City Attorney's response was that there is a provision that would allow the Police Chief or the City Manager to suspend or revoke a certificate of convenience if the holder allows the number of vehicles to fall below the num- ber of permits issued; that to establish another:procedure would require an ordinance change. On the motion of Councilman Yamamoto, seconded by Councilman Evans, the report of the hearing officer was received and filed, his decision Upheld, and the appeal of Gordon Wiggins of Blue- White Cab Company denied on a 5-1 vote with Councilman Bricken dissenting. Councilman Bricken stated for the record that the issue is not one of unbridled competition; that the issue of free enter- prise is involved and each Councilman must determine where to draw the line; that he favors granting the permits because they can be withdrawn if necessary; that the relationship between supply and demand cannot be precisely determined which would make it difficult to reapportion the number of permits; that the Blue-White Cab Co. request is reasonable and they have pre- sented as much evidence as is possible on the broad issue of supply and demand; and that they should have an opportunity to test the free enterprise system. Staff was directed to recommend a procedure whereby the pro- portion of Certificates of Convenience and Necessity outstanding can be reviewed on the motion of Councilman Ward, seconded by Councilman Brandt and unanimously (6-0) carried. CA 26.7 PUBLIC HEARING - APPEAL FROM Mayor Garthe announced DENIAL OF TAXICAB OPERATOR'S that this was the time PERMIT - ALFRED C. HICKIN and place for the hearing of the appeal of Alfred C. Hick&n of the Police Chief's denial of renewal of his taxicab operator's permit. CITY COUNCIL MINUTES 510 DECEMBER 8, 1975