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Filed on November 2, 1973, by Schlegel, Friedemann & Menke, Attorneys at Law, on behalf of Gordon P. Wiggins dba Blue and White Cab Company (dated October 30, 1973); and Filed on November 2, 1973, by Ronald Steelman, Attorney at Law, on behalf of C ~ S Tours, Inc. The Mayor stated that Council would hear from all interested parties who had filed written exceptions, and requested that the remarks from each be limited to five minutes. The City Attorney stated that his office had reviewed the Hearing Officer's report and had found that it conformed with the Municipal Code and complied with all of the procedures required by the Code; that there was evidence to support the findings, however, it was within Council's discretion to arrive at different conclusions; that he would suggest that the excepting parties direct their remarks to either the fact that no further taxis were required or if required, why they qualify and the ones that are in competion with them do not; that the remarks should also be limited to additional items which could not have been brought to the Hearing Officer, or that had occurred since the hearing, or evidence that would encourage Council to come to a conclusion other than that of the Hearing Officer; that there should be a stipulation of all parties that C & S Tours is not currently under franchise with the Orange County Airport to provide transportation at that facility as had been erroneously indicated in the Hearing Officer's report. The Mayor stated that Council had reviewed the Hearing Officer's Report and was ready to hear from the interested parties as to any exceptions they took with the report, and inquired of the Hearing Officer, Robert J. Polis, as to whether or not the fact that C & S Tours was not currently servicing Orange County Airport would have changed his decision. Mr. Potis responded that it was correct that he had made an error in hearing the evidence and had erroneously stated in his report that C & S Tours was under franchise to the airport; that while the issue was of some relevance~ that alone'would not have changed any of his conclusions that were before Council. The Mayor announced that Council would hear from representatives of Yellow Cab Co., Blue-White Cab Co., and Quick Cab Co. in that order. Glen Gaines, owner of Yellow Cab Co., stated that his attorney, Barry S. Michaelson, had not yet arrived for the hearing, and the Mayor then invited testimony from Blue-White Cab Co. Dennis V. Menke of the Law Firm of Schlegel, Friedemann & Menke, One City Boulevard West, Orange, representing Gordon P. Wiggins dba Blue and White Cab Co., stated that he did not make any specific objections to any factual findings in the report, but did object to'some of the conclusions; that Quick Cab Co. was not operating under any permits in the City of Santa Ana, but was operating illegally, not only in violation of the City ordinance, but in violation of an order of the Orange County Superior Court; that the claim by Quick Cab Co. that they held permits in eight other cities was not correct; that before Council allowed a third taxicab company to operate in the City, it should first consider whether or not the existing operators are willing to meet the need for taxicabs; that Blue and White Cab Co. could, desired to, and was capable of meeting that need, and there was no need and necessity for adding a third operator within the City. CITY COUNCIL MINUTES 407 - NOVEMBER 5, 1973