The City Council was forced to revisit a series of housing votes last week following a ruling that Councilman Jesse Zwick has a conflict of interest on development issues.
The multi-part decision allows the Planning Commission to examine whether increased development standards — including additional height, density or reduced setbacks — could facilitate larger family-sized homes and generate contributions to the city's Affordable Housing Trust Fund. However, the motion also directs staff to explore options that stay within state law.
"I personally choose to continue pursuing two or three bedroom townhomes and condos for families that the middle class can afford," Hall said during the meeting. "I do not want skyscrapers in our neighborhoods. I do not want more McMansions, and I do not want housing at the airport when it closes."
The revote stems from an FPPC advice letter issued Dec. 8, 2025, which concluded that Zwick should prospectively recuse himself from housing production matters due to his employment with HAC. While the FPPC did not invalidate prior votes or find wrongdoing, city staff proactively identified five housing-related items approved between Aug. 12 and Oct. 28, 2025, in which Zwick participated.
City Manager Oliver Chi emphasized that "at every turn, what we saw from Mayor Pro Tem Zwick was that he wanted to seek advice," Chi said. "Mayor Pro Tem Zwick voluntarily provided [information]. There was no cover up."
Last week, the council also voted to repeal an Emergency Interim Zoning Ordinance related to SB 1123, a state law permitting small lot subdivisions. The ordinance, which went beyond state requirements, has generated no applications and is currently subject to litigation.
Additionally, the council ratified adoption of the 2025 California Building Standards Code, which had been approved 7-0 in September and is already in effect for building permits.
The most heated debate centered on how to implement state housing laws. Councilwoman Negrete argued the city should not exceed state mandates, expressing skepticism that market-rate development would produce affordable housing.
"We're not building for the middle income," Negrete said. "I support affordable housing, but what is that? We haven't defined it. I don't support density for density sake, especially when the community is being asked to absorb significant impacts without seeing the affordability delivered at the same pace."
Chi clarified that the Resolution of Intention does not mandate specific outcomes but rather initiates a public process. In some cases, the city's current regulations actually exceed state requirements and staff recommended aligning them with state law.
"The ROI details are also important. It's drafted very broadly. It does not consider or contemplate any specific amendments to the zoning code," Chi said.
Zernitskaya supported giving the Planning Commission latitude to analyze all options and return with recommendations.
"I don't want to presuppose what the Planning Commission is going to come back with," she said. "I want to make sure that we are fully utilizing the professional expertise and the knowledge of the folks that are on Planning Commission."
The Planning Commission, which previously expressed reluctance to recommend standards exceeding state law, will now conduct public hearings and develop recommendations for council consideration. No timeline was specified for returning with proposals.
Council’s final vote was 4-2. Council Members Dan Hall, Ellis Raskin, Barry Snell and Natalya Zernitskaya voted yes on the substitute motion, while Council Member Lana Negrete and Mayor Caroline Torosis voted no. Mayor Pro Tem Jesse Zwick was absent.