Chula Vista Councilmember Andrea Cardenas has missed two consecutive City Council meetings since being charged earlier this month with fraud, grand theft and money laundering.
Her absence is already having an impact on the public’s business, including the postponement Tuesday of a vote to establish a long-awaited city commission on privacy protection and technology.
District Attorney Summer Stephan on Nov. 1 filed criminal charges against Cardenas and her brother Jesus Cardenas, the former chief of staff to San Diego Councilmember Stephen Whitburn, alleging they conspired to defraud the government of more than $176,000 in federal COVID relief funds awarded to Grassroots Resources, the political consulting firm Jesus Cardenas founded and that employed Andrea. They pleaded not guilty to all charges a week later.
Andrea Cardenas has said she will not resign her City Council seat nor step down from the board of the San Diego Association of Governments, the regional planning agency known as SANDAG, where she represents the South County city.
Officials worry that her absences will further affect efficient governing.
“If she continues to be absent, it’ll be a major issue,” Chula Vista Mayor John McCann said. “We need an active participant at meetings to represent citizens and clearly (the charges are) getting in the way.”
Andrea Cardenas did not respond to a request for comment.
She missed the Nov. 14 City Council meeting, the first since her arraignment. The first-term council member submitted a request for an excused absence on Nov. 22 “due to personal health matters.” She was absent again Tuesday.
When an official submits an absence request, the City Council must decide whether to approve it at their next scheduled meeting.
Despite calls from three members of the public urging council members to reject her request for the Nov. 14 absence, the City Council approved it 3-1, with the mayor opposed.
McCann said he opposed the request because Andrea Cardenas was present on Nov. 15 for a meeting of the Chula Vista Bayfront Facilities Financing Authority, which she serves on with the mayor and Port commissioners. Andrea Cardenas was also in attendance for the Nov. 17 SANDAG meeting, he said.
“Missing two (City Council) meetings in a row is very substantial when the last meeting (of the Financing Authority) I saw her and she seemed fine,” said McCann. “Attempting to attend some, but not the City Council when there are key issues when we need her, is concerning.”
Deputy Mayor Jose Preciado, along with McCann, has called on Andrea Cardenas to resign. In a statement Wednesday, Preciado said he approved the absence request because “I think illness is a legitimate reason to miss a meeting.”
Her absence on Tuesday resulted in a delay in appointing the members of the inaugural Privacy Protection and Technology Advisory Commission, which will be tasked with advising officials on how to use and acquire surveillance tools.
Based on the nomination rules they adopted, each council member recommends a candidate to represent one of the city’s four districts. The mayor then nominates three other members, followed by the city manager proposing one non-voting member.
Council members decided to appoint three candidates and give Andrea Cardenas a chance to nominate someone at the next council meeting to complete the appointments. The commission is expected to start early next year.
If her absences continue, the City Council could potentially see delays with projects or items that require 4 out of 5 votes to pass.
Meanwhile, SANDAG board members on Nov. 17 discussed whether Andrea Cardenas should be able to partake in any more votes because her criminal charges could cast doubt on board decisions, especially with a forthcoming vote to hire a new CEO next month. She was present during the 15-minute conversation, but did not provide a comment.
Board member and Santee Mayor John Minto highlighted the challenges of the circumstances.
“I could look two ways at this,” he said. “One is that I’m not guilty. … I’m not going to stay away from the meetings that I’ve said I’m gonna be at.”
“However, I would also look at it, do I care enough about my council,” he added. “Do I care enough about the committees and boards that I serve on so that my presence doesn’t harm them in any way or doesn’t take away from what they’re supposed to do?”
SANDAG’s governing statutes do not allow officials to remove board members; that power rests with the Chula Vista City Council, which appointed Andrea Cardenas. The SANDAG board is expected to consider asking Chula Vista to replace her at a future meeting.
Andrea Cardenas has not yet submitted a request to be excused from the Nov. 28 City Council meeting.
Under the city’s Charter, a council member can lose their seat if they miss four consecutive meetings without an excuse approved by the City Council.
When a Chula Vista official skips a meeting, they do not lose pay as they are paid a salary. Council members earn more than $61,000 per year.
SANDAG has different rules. Board members earn $150 per meeting and they are required to stay for at least half of a meeting to get paid.
