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Mr. Sweeney said it is important to Ponderosa Homes to have some certainty. If the PUSD does not purchase the property, Ponderosa Homes would be planning a project on the remainder of the Busch property in 2009. Ms. McGovern wondered why Ponderosa Homes needed until 2013? Mr. Sweeney noted that if Council approved the use of the IUC's for five years from when the option is terminated on the Busch property, that is 2013. If the PUSD purchases the property, Ponderosa Homes must go find projects in Pleasanton. Ponderosa Homes cannot be in a position where PUSD purchases the property, thereby leaving Ponderosa only one year to find a development to use the IUC's. Mayor Hosterman closed the public comments. Mayor Hosterman pointed out that Council has ultimate discretion over the fate of the IUC's. She recalled that her intent when she voted on this issue was that the five years would begin either when PUSD exercised its option or not. She believed this was a fundamental fairness issue. She also wanted to ensure the affordability on the entire site did not fall below 24 percent. Ms. McGovern said she would prefer to have the five years terminate by 2013. Mayor Hosterman was agreeable. Mr. Bocian said Mr. Sweeney was agreeable to the five years beginning at the time the School District makes its decision on exercising its option. Option 2 should state the IUC's shall have a term of five years beginning when and if the option on the 21.3-acre site held by the PUSD either expires or is terminated. He believed Mr. Sweeney indicated he was agreeable. Mr. Sweeney said yes. It was moved by Mayor Hosterman, seconded by Mr. Thorne, to approved Option 2 as reflected in the staff report to provide (1) the IUC's shall have a term of five years beginning when and if the option on the 21.3-acre site held by the PUSD either expires or is terminated, and (2) that the 24% affordability percentage shall apply to the entire Busch property. Mr. Sullivan said he could not support the motion. Although he was not a councilmember when this discussion occurred, he was on the Planning Commission. The Planning Commission requested these guidelines be established when this issue first surfaced. The Planning Commission discussed limiting the time when these credits could be used. His interpretation of the resolution states the time is five years from the date of approval. His interpretation of the staff report dated November 2004 supports this direction. From a community needs standpoint, Council needed to look at maximizing affordable housing not maximizing credits that would exempt affordable housing. Pleasanton City Council Minutes 17 03/07/06