areas identified by a credible, regularly updated source like the Urban Displacement Project at U.C. Berkeley. The Fund will focus on advancing racial equity, addressing the root causes of displacement and economic mobility, and resulting in measurable outcomes.
The administration of the Fund shall involve a third-party fund manager (Fund Manager), who will work under contract with the City and who will work with the Fund Commission, City Council, and the City Manager (including its designees) to provide oversight, accountability, and transparency to the City Council and the public. This model is intended to put decision-making into the hands of local residents and leaders.
According to San José Municipal Code Section 2.08.5050, the Fund Commission shall have the following functions, powers, and duties:
1. Participate in the development of the Strategic Plan, Strategic Plan Updates, and any changes thereto.
2. Guide scoping of each round of competitive grant solicitations.
3. Receive and consider recommendations from the Fund Manager and approve grants consistent with the Strategic Plan.
4. Provide guidance and support for public outreach and engagement, including awareness of grant opportunities and organizations who might qualify to apply for grants.
5. Provide feedback on the Annual Performance Report prior to submission to City Council.
6. Participate in fundraising activities consistent with applicable laws and City requirements.
7. Escalate to City Manager disputes with Fund Manager.
Legal Conflicts that may Preclude Vote or Participation
Certain positions and other financial interests related to a given entity might preclude a commissioner from participating in discussion or voting if a matter involving said entity comes before the Fund Commission. While this list is not complete, these types of conflicts generally fall within one or more of the following situations:
• An application shows entities that are “sources of income” to a potential commissioner within the 12 months preceding the start of the commission term, as defined under the Political Reform Act.
• An application shows sources of income from a spouse or domestic partner of a potential commissioner within the 12 months preceding the start of the commission term. • An applicant or the spouse or domestic partner of an applicant is an officer or board member of an entity that could foreseeably be involved in a matter coming before the Fund Commission.
• An applicant has a financial interest (including community property interest) in real property, such as their place of residence or any other real property in San José that may be affected by a matter coming before the Commission.
HONORABLE MAYOR AND CITY COUNCIL
November 21, 2022
Subject: Community Stabilization and Opportunity Pathways Fund Commission Applicants
Appearance of Bias
There may be facts that would not amount to a legal conflict of interest under the Political Reform Act requiring a commissioner to abstain from a commission vote or discussion, but the relationship could indicate a bias or the appearance of bias on the part of the commissioner. City Council policy requires commissioners to be free from bias in their decision-making and may require a commissioner to abstain if the facts could reasonably lead one to conclude that the commissioner would be biased for or against an applicant or application.
Review of Applicants
Twenty-seven applications were received and reviewed, and twenty-six of those applications were determined by the City Clerk to meet the basic qualifications for consideration.
Applications from the applicants listed below were reviewed by the City Attorney’s Office. None of the applications reviewed disclosed disqualifying conflicts of interest or bias, although many had potential conflicts that could later lead to recusal. And none of the applicants exhibited an incompatibility that would substantially impair the functioning of the Fund Commission.
Applicants
Applicant #1
Name: Josefina Aguilar
Findings: Ms. Aguilar applied for a Work Experience seat. She does not currently own property in San José. If appointed, Ms. Aguilar may need to abstain from participating in decisions that may affect her employer South Bay Community Land Trust and any of the organizations or entities connected to SBCLT, as well as decisions that may affect clients she serves as a private consultant.
Applicant #2
Name: Deotina Agustin
Findings: Ms. Agustin applied for a Lived Experience seat. She currently owns a home in the Overfelt Neighborhood in East San José. If appointed, Ms. Augstin may need to abstain from participating in decisions that may affect her employer Mind Builder LLC or her spouse’s employer Act Enviro.
HONORABLE MAYOR AND CITY COUNCIL
November 21, 2022
Subject: Community Stabilization and Opportunity Pathways Fund Commission Applicants
Applicant #3
Name: Connie Alvarez
Findings: Ms. Alvarez applied for a Lived Experience seat. She currently owns a home in the Pleasant Knoll neighborhood in East San José. Ms. Alvarez also owns Friendship Banquet Hall, a small business located at 1121 E. Santa Clara St. If appointed, Ms. Alvarez may need to abstain from participating in decisions that may affect her business or her spouse’s employer Plaza Jewelers, Inc.
Applicant #4
Name: Juana Villalpando Becerra
Findings: Ms. Becerra applied for a Lived Experience seat. She does not currently own property in San José. She does not list an employer or place of employment. No spouse or domestic partner.
Applicant #5
Name: Tara Blair
Findings: Ms. Blair applied for a Lived Experience seat. She does not currently own property in San José. If appointed, Ms. Blair may need to abstain from participating in decisions that may affect her nonprofit employer People Assisting the Homeless (PATH). Ms. Blair does have a spouse/partner, but her spouse’s/partner’s place of employment was listed as “N/A.” Applicant #6
Name: Richard Boyce
Findings: Mr. Boyce applied for a Work Experience seat and a Lived Experience seat. He currently owns two homes in the Canoas Garden Neighborhood in South San Jose; one of those homes is in the Lincoln Village HOA. He and his spouse are retired and receive income through bonds, an IRA, and social security.
Applicant #7
Name: Jeffrey Buchanan
Findings: Mr. Buchanan applied for the Work Experience seat. He does not currently own property in San José. If appointed, Mr. Buchanan may need to abstain from participating in decisions that may affect his employer Working Partnerships USA, or his spouse’s employer American Business Journal.
HONORABLE MAYOR AND CITY COUNCIL
November 21, 2022
Subject: Community Stabilization and Opportunity Pathways Fund Commission Applicants
Applicant #8
Name: Olga Buchonina
Findings: Ms. Buchonina applied for a Lived Experience seat, a Work Experience seat, and an Academic/Research seat. She currently owns a home in the Cory Neighborhood in Central San José. If appointed, she may need to abstain from participating in decisions that may affect her employer ActionSpot Startup Studio or her company Worknow LLC. She noted that serving on the Fund Commission may affect her sources of income but did not explain how in her application (incomplete). No spouse or domestic partner.
Applicant #9
Name: Amanda Cole
Findings: Ms. Cole applied for a Lived Experience seat. She does not currently own property in San José. She is currently unemployed. No spouse or domestic partner.
Applicant #10
Name: Lisanna Dominguez
Findings: Ms. Dominguez applied for a Work Experience seat. She does not currently own property in San José. If appointed, Ms. Dominguez may need to abstain from participating in decisions that may affect the Eastside Education Initiative or its parent organization Silicon Valley Education Foundation. No spouse or domestic partner.
Applicant #11
Name: Victor Espino
Findings: Mr. Espino applied for a Work Experience seat. He currently owns a home in the Japantown Neighborhood in Downtown San José. If appointed, Mr. Espino may need to abstain from participating in decisions that may affect his employer Year Up Inc., or his spouse’s employer Actionable Insights LLC. His spouse’s employer is located less than a mile from the Diridon Station but more than 1,000 feet to avoid presumption of a conflict.
Applicant #12
Name: Efren Estranero
Findings: Mr. Estranero applied for a Lived Experience seat. He currently owns a home in the Barletta-Madeline Neighborhood in East San José. If appointed, Mr. Estranero may need to abstain from participating in decisions that may affect his employer NeoTract Inc. or his spouse’s employer James Lick High School, or the East Side Union High School District.
HONORABLE MAYOR AND CITY COUNCIL
November 21, 2022
Subject: Community Stabilization and Opportunity Pathways Fund Commission Applicants
Applicant #13
Name: Edith Fehling
Findings: Ms. Fehling applied for a Lived Experience seat. She currently owns a home in the Leyva Neighborhood in East San José. Ms. Fehling owns multiple properties. If appointed, she may need to abstain from participating in decisions that may affect properties she currently owns, but it appears those properties are not located in the City of San José. Her husband is retired and receives a pension from the U.S. Navy.
Applicant #14
Name: Sofia Jaquez
Findings: Ms. Jaquez applied for a Lived Experience seat. She does not currently own property in San José. She lists her employer as the Youth Liberation Movement. To the extent Ms. Jaquez earns an income from the Youth Liberation Movement, if appointed, she may need to abstain from participating in decisions that may affect the Youth Liberation Movement. No spouse or domestic partner.
Applicant #15
Name: Julieann Riera Matsushima
Findings: Ms. Matsushima applied for a Work Experience seat. She currently owns a residential unit in Paseos Villas in Downtown San José. She does not list an employer but lists her home address as her place of employment. No spouse or domestic partner.
Applicant #16
Name: Aboubacar Ndiaye
Findings: Mr. Ndiaye applied for the Work Experience seat. It is unclear whether Mr. Ndiaye owns his home at 734 North 6th Street because he replied “No” to owning property but listed his home when asked if he answered “Yes” to that question. We will assume he owns his home on North 6th Street. If appointed, Mr. Ndiaye may need to abstain from participating in decisions that may affect his employer PowerSwitch Action or any of its affiliates. No spouse or domestic partner.
Applicant #17
Name: Anna Nguyen
Findings: Ms. Nguyen applied for Work Experience seat. She currently owns a home in the Glenview Serenity Neighborhood in South San José. If appointed, she may need to abstain from participating in decisions that may affect her employer’s Act for Mental Health. No spouse or domestic partner.
HONORABLE MAYOR AND CITY COUNCIL
November 21, 2022
Subject: Community Stabilization and Opportunity Pathways Fund Commission Applicants
Applicant #18
Name: Olivia Ortiz
Findings: Ms. Ortiz applied for a Work Experience seat and a Lived Experience seat. She currently owns a home in the Mayfair Neighborhood in East San José. She also owns a duplex in East San José. If appointed, Ms. Ortiz may need to abstain from participating in decisions that may affect her employer Somos Mayfair or her spouse’s employer Shooter and Butts Construction.
Applicant #19
Name: Raymond Ramsey
Findings: Mr. Ramsey applied for a Lived Experience seat. He does not currently own property in San José; he answered “No” to owning property in San José but listed his apartment unit address as if he answered “Yes” to that question even though the question excepts listing your home address. He is currently unemployed; he lists multiple organizations he is involved with, but they are not likely sources of income. His spouse or domestic partner appears also to be unemployed.
Applicant #20
Name: Olga Rodriguez
Findings: Ms. Rodriguez applied for a Lived Experience seat. She does not currently own property in San José. She is currently unemployed. No spouse or domestic partner.
Applicant #21
Name: Ben Thienes
Findings: Mr. Thienes applied for a Work Experience and Lived Experience seat. He does not currently own property in San José. If appointed, Mr. Thienes may need to abstain from participating in decisions that may affect his employer San José State University. His spouse/partner also works for SJSU.
Applicant #22
Name: Justin Triano
Findings: Mr. Triano applied for a Lived Experience seat. He does not currently own property in San José. He is currently unemployed. If his attempt to incorporate Community Express as a non-profit organization and it provides income and he were to be appointed, he may need to abstain from participating in decisions that may affect Community Express. No spouse or domestic partner.
HONORABLE MAYOR AND CITY COUNCIL
November 21, 2022
Subject: Community Stabilization and Opportunity Pathways Fund Commission Applicants
Applicant #23
Name: Julie Vennewitz-Pierce
Findings: Ms. Vennewitz-Pierce applied for the Work Experience seat. She currently owns a home in the Shasta-Hanchett Park Neighborhood in San José. If appointed, Ms. Vennewitz- Pierce may need to abstain from participating in decisions that may affect her employer Ross Stores, Inc, or her spouse’s employer Siemens.
Applicant #24
Name: Alma Bailon Vidales
Findings: Ms. Vidales applied for a Lived Experience seat. She does not currently own property in San José. If appointed, her place of employment, Capital Building Maintenance and Cleaning Services, is located in South San Francisco and will not likely affect her ability to participate in decisions. No spouse or domestic partner.
Applicant #25
Name: Regina Celestin Williams
Findings: Ms. Williams applied for a Work Experience seat. She currently owns a home in the Northside Neighborhood in Downtown San José. If appointed, Ms. Williams may need to abstain from participating in decisions that may affect her employer SV@Home, or her spouse’s employer San José State University.
Applicant #26
Name: Kiyomi Yamamoto
Findings: Ms. Yamamoto applied for a Work Experience seat. She currently owns a home in the Rancho Santa Teresa Neighborhood in South San José. If appointed, Ms. Yamamoto may need to abstain from participating in decisions that may affect her employer Silicon Valley Community Foundation or her spouse’s employer Yahoo!.
CONCLUSION
As previously mentioned, some of the applicants are associated with one or more employers or organizations that may involve conflicts of interest relating to items that could foreseeably come before the Fund Commission. Even when an applicant’s service as a board member of a charitable or community interest organization may not constitute a legal conflict of interest, it may create an appearance of bias if the applicant were to participate in matters concerning their organization. If an applicant is compensated, there may be occasions when they may have to abstain from participation in matters before the Fund Commission concerning the source of
HONORABLE MAYOR AND CITY COUNCIL
November 21, 2022
Subject: Community Stabilization and Opportunity Pathways Fund Commission Applicants
income. Applicants may also be required to abstain when the organization on which they serve as a board member takes a position in favor or against a project before the Fund Commission.
The applications do not reveal any disqualifying conflicts of interest which would prevent the current applicants from serving on the Fund Commission. You may wish to consider the above comments in making your recommendations for appointment to the Fund Commission.
NORA FRIMANN
City Attorney
By /s/ Daniel H. Zazueta _
Daniel H. Zazueta
Senior Deputy City Attorney
Cc: Jennifer Maguire, City Manager
Toni Taber, CMC, City Clerk