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In response to a question from the Mayor, Mr. Menke stipulated to the fact that C & S Tours, Inc. was not under franchise to the Orange County Airport. Norman E. Rudolph, President of C & S Tours, Inc. dba Quick Cab Co., 133 Avenida Granada, San Clemente, stated that he had no objection to any of the Findings of Fact; that C & S Tours had been interested prior to October 1S in bidding on the Orange County Airport Franchise, but had not done so; that their only objection was to the ultimate findings of the Hearing Officer; that they had no objection to a taxicab company not using all of its permits in that there was almost always a time when a cab would be out of service; that it would be difficult to operate in the City with only eight permits as proposed; that he had acquired the company on October 1, 1973 and had changed the management; that Quick Cab Company had been operating for three years, had permits in eight other cities, and had no outstanding indebtedness; that Blue and White Cab Co. had filed bankruptcy only four years before, had filed false financial statements, and had bad check charges; that it was important for his company to operate within the City of Santa Aha in that the surrounding cities did not have sufficient population to support a full-scale operation; that they desired twenty-two permits, but could get by with 20 or IS, and had suggested splitting the available permits with 13 for Quick Cab Co. and 2 for Blue and White Cab Co; that very good service could be furnished with 13 permits. In rebuttal, Mr. Menke stated that he would like Mr. Rudolph to make a representation as to the eight cities where they were licensed to operate; that they could not find even two cities that said they had issued permits to C & S Tours, Inc. or to Quick Cab Co. Mr. Polis stated that he had found Quick Cab Co. to be fit and able to perform according to the law; that he had reviewed the Superior Court records with regard to the Court Order referred to by Mr. Menke and had not found the applicant in violation of that order; and that he had not been empowered with the authority to seek independent evidence, and had taken into consideration as fact the testimony given that Quick Cab Co. was licensed to operate in eight other cities. (CA 26.5a; 26.7a; 26.1) RECESS present. At 4:26 P.M., a recess was declared. Council reconvened at 4:32 P.M. with all Council members CERTIFICATES OF CONVENIENCE AND NECESSITY TAXICABS (CONTINUED) Barry S. Michaelson, of the Law Firm of Pizer & Michaelson, 2122 North Boardway, representing Glen Gaines, dba Yellow Cab Co., stated in response to a question from the Mayor, that he would stipulate to the fact that C & S Tours, Inc. was not under franchise to the Orange County Airport, and stated that Yellow Cab Co. held that particular franchise. Mr. Michaelson further stated that his client was in a different position from the two applicants in that he had valid permits; that all recent taxicab operations within the City fell into two categories - A) Illegal operations by both of the applicant CITY COUNCIL MINUTES 408 NOVEMBER 5, 1973