CERTIFICATE OF PUBLIC CONVENIENCE
<br />AND NECESSITY - (Continued)
<br />
<br />Councilman Patterson's motion, seconded by Councilman Markel, to deny the
<br />application of C & S Tours, Inc., for a Certificate of Public Convenience and
<br />Necessity failed on the following roll call vote:
<br />
<br />AYES:
<br />NOES:
<br />ABSENT:
<br />
<br />Patterson, Markel, Griset
<br />Villa, Evans, Herrin, Yamamoto
<br />None
<br />
<br />Councilman Herrin's motion, seconded by Councilman Villa, to grant a
<br />Certificate of Public Convenience and Necessity to C & S Tours, Inc., to do
<br />business and to operate fifteen (15) taxicabs within the City of Santa Ana, carried,
<br />on the following roll call vote:
<br />
<br />AYES:
<br />NOES:
<br />ABSENT:
<br />
<br />Herrin, Villa, Evans, Yamamoto
<br />Griset, Patterson, Markel
<br />None
<br />
<br />CERTIFICATE OF PUBLIC
<br />CONVENIENCE AND NECESSITY
<br />
<br />(30) taxicabs within the City of Santa Ana.
<br />
<br />The Mayor opened the public
<br />hearing on the application filed by
<br />Tustin Cab Company to operate thirty
<br />
<br />Mr. Milford Dahl, Jr., Rutan and Tucker, representing the applicant, Gordon
<br />Wiggins, stated that the Tustin Cab Company was originally formed by Mr. George
<br />Brazier in 1966 or 1967; that in 1969, Mr. Brazier decided he would like to legally
<br />pick up passengers in the City of Santa Ana, but had to obtain a Certificate of Public
<br />Convenience and Necessity; that due to certain background problems, Mr. Brazier
<br />did not l'eel he could obtain that Certificate, so he and his drivers formed UTO, Inc.;
<br />thai his sole purpose was to obtain permits to operate in the City of Santa Ana and distrib~
<br />profits among the drivers to encourage them to be good cab drivers. He stated that the
<br />organization was incorporated; that there were public hearings to determine public
<br />necessity, and ten permits were approved. He stated that at that time there were 20
<br />people; that eventually a number of them became disillusioned and the number was
<br />reduced to 13, among them Mr. Brazier and my client; that in June, 1970, Mr. Wiggins
<br />purchased the Tustin Cab Company from Mr. Brazier; that at that time he paid,
<br />roughly, $50,000 and~here were approximately 15 cabs in good operating condition on
<br />the road every day; that after the Certificates were given to UTO, they did not really
<br />operate as a separate corporation; they had the same insurance, same books, same
<br />personnel, and same stock. He further stated thai in Mar~ch, 1971, a dispute arose
<br />between Mr. Brazier and Mr. Wiggins; that while Mr. Wiggins was out of town,
<br />Messrs. Brazier, Cole, and Welchtook possession of the business without any Court
<br />proceedings; that Mr. Wiggins filed a suit for fraud in the Orange County Superior
<br />Court and obtained a judgment agiinst all of these genfrerr~nlinAugust 1971; that the
<br />gentlemen were ordered to return all equipment to Mr. Wiggins; that they were also
<br />required to make payments on the cabs owned by Tustin Cab Company. He stated that
<br />they defaulted on the payments, purchased new cabs, and when the Orange County
<br />Marshal returned the cabs to Mr. Wiggins, the other group moved the new cabs to
<br />Birch Street and started operating as a separate corporation; that the Marshal also got
<br />those cabs, since they were owned by the Tustin Cab Company, financed by them and
<br />
<br />CITY COUNCIL
<br />
<br />February 7, 1972
<br />
<br />
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