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It was moved by Ms. Dennis, and seconded by Ms. Ayala, to re-introduce ordinance 1719, first read on July 12, 1997, concerning the sale of firearms through a permitting process and prohibiting the sale of "Saturday Night Specials" and to introduce an ordinance amending the Zoning Ordinance. Mayor Tarver said he hoped Council would ratify its decision through the election process and since it was not willing to do so, he could not support the motion. Ms. Michelotti said there was still the right of referendum. Mayor Tarver agreed and he felt the community would pursue that option. He was trying to save a considerable amount of time and money by putting the issue on the ballot. Ms. Ayala said she did not support putting it on the ballot because she felt enough signatures could not be obtained to do the referendum. Mayor Tarver said he ordinarily would support the ordinance because he agreed with it. But he saw a controversy that had split the community and felt it should go on the ballot. Mr. Pico believed that Council had the ability to place reasonable limits on commercial activities. The sales of firearms in residential neighborhoods should not be allowed in those cases where it violated the home occupation ordinance. He believed if the home occupation permit was violated and the dealers were out of conformity with the existing law, then the existing law should be enforced. An ordinance that regulated rather than eliminated gun dealers was an ordinance that he could support. He felt the proposed ordinance was too restrictive and the Saturday Night Special/junk gun ordinance was bad law. He said he would support the zoning ordinance if it did not preclude the possibility of having an exempt home occupation. He said he was not in favor of an ordinance that was a de facto elimination. Ms. Ayala asked to separate the motions. Ms. Michelotti said the hearings have been an education. She stated the ordinance does not prohibit an individual from having a firearm in their home, it does not prohibit someone from getting a permit to carry a concealed weapon and it does not restrict the right of an individual to have a weapon to protect themselves. It only restricts the sale of guns listed on the roster. If an individual already had one of the guns on the list, the ordinance does not restrict the person from owning or using it. She said there are many opportunities for someone to start a business in commercial areas. In regards to the trigger lock, people should be educated on how to safely lock and open them. There was no rule stating the people had to use them. She mentioned that if there were individuals who wanted to get rid of guns, they could take them to the police department. Pleasanton City Council 19 02/09/98 Minutes