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and avoid any loopholes and any applicant has the right to appeal. She agreed that parking is essential and should be investigated. Councilmember Testa stated she has heard the concerns of the loss of active use on Main Street where people did not want to walk from one end of the street to the other because there were dead zones. She agreed there is concern regarding the future of retail but the City needs to do everything it can to try and preserve the vibrancy of what is important about downtown. She believes it is what the community wants and seconded the motion. Councilmember Narum stated the City Council wants a vibrant downtown with a variety of businesses. She advised she was on the DSP Task Force and the active use currently in existence was a compromise. Several cities are relaxing the regulations as a result of the pandemic trying to encourage business and wonders how the nine vacancies will get leased. Downtown is a collective mixture of buildings that sets it apart, but it also means they have unique spaces and believes there needs to be more flexibility. She agrees the active uses need to be true active uses and expressed support of the separate business license, signs of non-active use being subordinate to active use, point of sale, and demonstrating a good faith effort from the landlord. She advised she cannot support the item. Councilmember Narum offered a substitute motion that ground floor active use is left at 25% but includes the business license, the hours of operation, the point of sale, the signage, and good faith the landlord is trying to lease the property. Councilmember Balch seconded the substitute motion. Councilmember Balch stated he understands the desire to advocate for 100% active ground floor use but referenced the PDA's letter that advised the City must encourage active use tenants to seek space. Active uses downtown have shut down due to insufficient labor and noted there is a statewide commercial and residential eviction moratorium. He believes to achieve vitality the City needs to implement the DSP which was put together with expert advice, professionals, community compromise, and 18 months of input. The City needs to be open to new and innovative businesses that challenge what is considered active use. He expressed concern about changing the DSP with the economy in flux due to the pandemic. Mayor Brown stated the City Council voted on many of the things in the DSP. She referenced the first sentence of the DSP and noted it does not say real estate, accounting, and architects. She believes these businesses have their place downtown just not on Main Street and on the first floor. She advised they belong on the second floor, the third floor, and just off Main Street. She explained this is about a small area of Pleasanton, not the entire DSP. Mayor Brown noted the City has invested heavily in the entire downtown. Business owners have benefitted from City's roads being used as pop-up parklets, an increased amount of zero -interest unsecured business loans for downtown businesses, closed streets to support businesses and Concerts in the Park. The City marketed for takeout dinners, shop -local, and the banner under the arch to bring people downtown. To continue thriving means active business uses including restaurants and retail for the first six months. If it does not work, there is flexibility to rent to a salon, barbershop, accountant, or a real estate office. MOTION: It was m/s by Narum/Balch to approve 25% active uses and modify the Downtown Specific Plan (DSP) to include items that were identified in the staff report to ensure bona fide active use business such as point of sale, hours of operation, non-active use signage being subordinate to active use, a separate business license, and active intent to lease the space in six months. The Motion failed by the following vote: Ayes: Councilmembers Balch, Narum Noes: Councilmembers Arkin, Testa, Mayor Brown Absent: None City Council Minutes Page 7 of 14 September 21, 2021