Chula Vista Councilmember Andrea Cardenas was a no-show Tuesday at the first City Council meeting since criminal charges were filed against her two weeks ago. Meanwhile, officials faced public calls to censure her.
City Clerk Kerry Bigelow announced that she had not received a request for an excused absence from the council member. Cardenas’ attorney, Pedro Bernal, did not respond to a request for comment regarding whether she was advised not to attend in light of the allegations.
The first-term council member and her brother, Jesus Cardenas, are being charged with fraud, conspiracy and money laundering.
District Attorney Summer Stephan on Nov. 1 filed seven charges against the siblings related to more than $170,000 in federal COVID-19 funds provided to Grassroots Resources via the Paycheck Protection Program. Grassroots Resources is a political consulting firm Jesus founded and that employed Andrea. It helped elect multiple officials across San Diego County, including sitting Chula Vista Council members Jose Preciado and Carolina Chavez.
Prosecutors say that the Cardenases falsified their application for the money and used it to pay off Andrea’s campaign debt, credit card bills and personal expenses.
Last week, both pleaded not guilty to all charges during an arraignment in San Diego Superior Court.
Andrea’s absence Tuesday raised questions about whether the criminal charges may make her less effective in her role. Before the start of the City Council meeting, about a dozen residents organized a news conference and called for her resignation and for officials to censure her.
“We think that she has lost the public trust of the citizens, not only of her district but the citizens of Chula Vista,” said Russ Hall, a longtime resident who spearheaded the news conference. “It’s very difficult to govern when you lose public trust with your own communities.”
He said the City Attorney’s Office should create a public integrity unit “that can watch over the politicians here.”
Residents also said the City Council should censure or suspend her without pay, and replace her with Mayor John McCann on the San Diego Association of Governments. Officials appointed her in late December to the regional planning agency’s governing board.
Just outside Chula Vista City Council Chambers on Tuesday, Nov. 14, 2023 in Chula Vista, CA, a man held a sign calling for Councilmember Andrea Cardenas to be ousted. A press conference was held by Russ Hall where he called for the resignation of Councilmember Andrea Cardenas.
(Nelvin C. Cepeda / The San Diego Union-Tribune)
The Chula Vista charter lists several reasons for when a vacancy occurs on the City Council, including when a member is convicted of a felony or crime involving moral turpitude, resigns from office, is removed by judicial procedure or other state law proceeding, or no longer meets the qualifications necessary to hold the position.
On Nov. 8, the Charter Review Commission discussed whether the City Council should reconsider whether felony charges — not just a conviction — should be grounds for removal from office. Last year, council members decided to forgo that provision when considering a list of Charter amendments.
The commissioners’ views were divided. Commissioner Michael Inzunza said it was “dangerous” to grant the City Council power to remove any “democratically elected” person who has only been indicted.
“Several months later, (an official) has (their) day in court and (they were) innocent, we just took out one of the most valid and hardworking council members in the city of Chula Vista,” he said, hypothetically speaking. “That’s what I fear.”
On the other hand, what happens if an official is convicted, asked Commissioner David Lopez.
“Now we’ve had a convicted felon that’s been serving on the council for the last seven, eight months when they could have gotten rid of them in the beginning,” he said.
Commissioners decided to continue discussing the matter before making a recommendation to the City Council. Their next meeting is scheduled for February.
Andreas’ attorney said last week that she did not plan on relinquishing her position as the District 4 representative. In a statement last week, Andrea said she hoped to be allowed to defend herself first.
“I would like to make one thing very clear — my commitment to my community continues,” Andrea added.
A court hearing for the Cardenases is scheduled for Jan. 3.
