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Mr. Roush said yes. He said there are professionals that would say the guns met the criteria and there are those that would say they do not. He said in the court case there were declarations submitted by persons with credentials in opposition to the ordinance and the court was not persuaded by this. Ms. Ayala asked if there was any way to allay fears that the list will grow? However, if a manufacturer was making a poorly made weapon, she wanted it added to the list. Ms. Acosta said Council could adopt the list as is and not add to it. Ms. Michelotti was trying to look for a way that the Glock and the other types of guns that are acceptable are not put on the list. Mayor Tarver felt Council was asking if there was a way to put next to the guns on the list the reason why it was on the list. Then someone could see if that is the criteria for that gun, then maybe other guns should be on the list. Then it is up to the City Manager to determine which guns should be on the list. Mr. Roush said the procedure is, if a gun came to the attention of the City to be put on the list, the City Manager would make that decision. Mayor Tarver said for example, gun X should be put on the list, but the City Manager designee says no. Would someone be able to sue the City as to how the ordinance was being enforced? Mr. Roush said there could be a problem if essentially the same gun, made by different manufacturers, was put on the list and the other one was not. Then the manufacturer who was on the list might have a concern. Ms. Ayaia asked if staff knew anything about the nineteen manufacturers? Mr. Roush knew nothing about the manufacturers. Ms. Michelotti wanted to explore the definitions more. If the list is adopted and the Police Chief recommended a gun be added to the list, how would this happen? Ms. Dennis did not feel the list should be finite. She felt the firearms that were not on the list did not fall under the definition as the ordinance; otherwise they would be on the list. The guns on the list failed the performance standards. She said if a gun gets on the list the manufacturer has a right to prove that the gun is safe. Mr. Pico said the ordinance basically says nothing about performance. Section 6.64.200, Section C, states the burden of proof shall be on the manufacturer to demonstrate that the Pleasanton City Council 3/03/98 Minutes 31