Chula Vista City Council member Andrea Cardenas on Monday resigned from her office effective immediately, she wrote in a memorandum to the mayor and city council members.
The unexpected departure came just a day before a scheduled court appearance on a number of fraud charges.
“In an effort to prioritize my mental health, and the health of my community, I have made the very difficult choice to formally resign effective immediately from my position as Councilmember for our City’s 4th District. It has been an honor and privilege to serve my community and work alongside all of you,” Cardenas wrote.
Immediately following her resignation, the City of Chula Vista confirmed the formal resignation and issued the following statement.
“The City Charter calls for the City Council to declare the existence of a vacancy on the Council as soon as practicable. Accordingly, City staff intend to bring an item forward at next week’s City Council meeting. The City Charter also states that, in the event of a vacancy with one year or less remaining in the term, the Council shall use best efforts to fill the vacancy within 45 days. If the Council is unable to fill the seat, it will remain vacant until the next election cycle.”
Although Cardenas’ resignation was immediate, the first-term council member remains on the March 5 primary election ballot for the District 4 council seat. Cardenas assumed office on Dec. 8, 2020, after defeating her opponent Mike Diaz by four percent, receiving 52% of the vote.
Last year the San Diego District Attorney’s Office filed criminal charges against Cardenas and her brother Jesus on Nov. 1. Among the charges—resulting from an investigation by the DA’s Public Integrity Unit and Department of Homeland Security – Office of Inspector General, Covid Fraud Unit— are fraud and other crimes associated with a government loan they obtained for their political consulting business, Grassroots Resources. Both were charged with seven felonies, including the crime of Grand Theft by False Pretense by fraudulently obtaining $176,227 from the Paycheck Protection Program. The indictment also alleges Jesus Cardenas, wrote a check to Andrea Cardenas for $35,000 which she deposited in her personal account and then wrote a check made out to “Andrea Cardenas for CV City Council D4” in the amount of $33,500 from her personal account. Both pleaded not guilty to all charges.
But at the readiness hearing Tuesday, prosecutors added an additional charge of grand theft in connection with unlawfully taking funds from the state’s Employment Development Department between April and December of 2020, in which Cardenas also pleaded not guilty to the charges.
If convicted on all charges, Andrea Cardenas faces up to five years and eight months in prison. Another readiness hearing is scheduled for Feb. 28, and a preliminary trial has been set for March 13.
According to City News Service, regarding the new grand theft count, Andrea Cardenas’ defense attorney, Pedro Bernal, said his client is accused of applying for unemployment insurance without a valid reason, and that Bernal is negotiating between the defense and the District Attorney’s office in an “attempt to reach a resolution to this case.”
Both Mayor John McCann and Council member Jose Preciado had previously called for Cardenas to resign.
“After reviewing the charges against Councilmember Cardenas and considering the serious nature of the alleged crimes, it is clear to me that she must resign from City Council. Ensuring public trust is crucial for all elected officials. Maintaining that trust under the current circumstances is simply impossible,” said McCann.
Preciado wrote he was “stunned by the disturbing charges of fraud and wrongdoing” against the councilwoman.
“These are very serious allegations that undermine the fundamental trust the public must have in their elected leaders. Personally, I am saddened and struggling to reconcile these charges with a person I’ve known and admired since she was a passionate community activist in high school, long before she was ever in political office or a position of power. Andrea has the right to due process and the presumption of innocence in court, but the right thing for her to do now is to resign from the City Council,” Preciado said of his fellow Democrat.
